9021-1(e): Orders That Contain an Error or Omission: File a Motion to Amend
FRBP 9005 and FRCP 61 authorize the court to amend an order if it is discovered that the order contains an error or omission of a pertinent provision and amending the order does not affect substantial rights of another party. This is called "harmless error."
LBR 9021-1(e) provides the procedure to bring the error or omission to the attention of the court and other parties.
- File a motion that explains the error and identifies what the correct language should be. Make sure the caption of the motion contains the date and docket number of the erroneous order.
- Attach a copy of the proposed amended order to the motion.
- Serve the motion using LBR 9021-1(d) by setting a hearing on 21 days of notice. See links below to court form.
- OR, serve the motion using LBR 9013-1(o) by filing a notice of opportunity to request a hearing, and then a declaration that no party filed a response or request for a hearing. See links below to court forms.
- Lodge the proposed amended order after the hearing, or after the time period elapses for parties to file an opposition and request a hearing.
NOTE: It is possible that the presiding judge may have instructions to file a declaration instead of a motion, and also lodge a proposed amended order. Contact the judge's chambers if instructions are not on the judge's webpage.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
9021-1(e)
Reference to Local Rules and/or Forms:
Reference to Common Links: