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.  

1. 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.  
2. Attach a copy of the proposed amended order to the motion, as an exhibit to the motion..
3. Serve the motion using LBR 9021-1(d) by setting a hearing on 21 days of notice.  See links below to court form.
4. 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.
5. Assuming the motion to amend will be granted, lodge a simple order granting the motion to amend.
6. AFTER an order is entered granting the motion to amend, lodge the proposed amended order and link it to the ORIGINAL MOTION.  

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.