O.C.G.A.
O.C.G.A.

O.C.G.A. § 17-1-3 (2019)

Effect of mistake or misprision of clerk or other ministerial officer

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party where by amendment justice may be promoted.

History

Laws 1799, Cobb’s 1851 Digest, p. 480; Code 1863, § 3436; Code 1868, § 3456; Code 1873, § 3507; Code 1882, § 3507; Civil Code 1895, § 5125; Civil Code 1910, § 5709; Code 1933, § 81-1205.

Annotations

Cross references. - Corresponding provision relating to civil procedure, § 9-10-133.

JUDICIAL DECISIONS corrected. Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966). Order valid if error merely clerical. - If the error is merely clerical in nature and does not follow the oral sentence pronounced by the court at the time, then the order as entered nunc pro tunc is a valid and proper sentence. Wyatt v. State, 113 Ga. App. 857, 149 S.E.2d 837 (1966).

Court may correct clerk’s sentencing error with notice to defendant. - When, due to clerical error on the part of the clerk of the court and inadvertence on the part of the judge in signing the paper without discovering the error, a sentence is in part illegal, the court may, after notice and opportunity to be heard on the part of the defendant, order the error

RESEARCH REFERENCES Power to amend record in criminal case after term on evidence dehors record, 5 A.L.R. 1127. Misinformation by judge or clerk of court as to status of case or time of trial or hearing as ground for relief from judgment, 164 A.L.R. 537.

Am. Jur. 2d. - 15A Am. Jur. 2d, Clerks of Court, § 44. C.J.S. - 71 C.J.S., Pleading, § 78. ALR. - Effect of mistake in reference in statute to another statute, constitution, public document, record, or the like, 5 A.L.R. 996; 14 A.L.R. 274.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1992–2024 · leading case: Bartel v. State, 414 S.E.2d 689 (Ga. Ct. App. 1992).
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Bartel v. State, 414 S.E.2d 689 (Ga. Ct. App. 1992). · cites it 2× “OCGA § 17-1-3. “The trial court is instructed, , .”
D'Andre Montel Williams v. State (Ga. Ct. App. 2022). · cites it 2× “458, 460 (4) ( 414 SE2d 689 ) (1992); see also generally OCGA § 17-1-3. The trial court therefore is instructed to correct this clerical error in the written sentence upon return of the remittitur.”
State v. Vaughn Phipps (Ga. Ct. App. 2024). · cites it 2× “In the accusation, the State, referencing the Supreme Court’s tolling orders, noted that the two-year statute of limitation for misdemeanor prosecutions (see OCGA § 17-1-3 (e) (“Prosecution for misdemeanor crimes shall be commenced within two years after the commission of the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.