Yarbrough v. Viewcrest Investments, LLC

"ORCP 71 A codified Oregon case law, which had previously given the court power to correct 'clerical, as contrasted with judicial errors, in order to make the record speak the truth and conform it to what actually occurred.'" Hubbard v. Hubbard, 213 Or 482, 487, 324 P2d 469 (1958).

Defendants appealed a corrected limited judgment and a limited judgment. On appeal, Defendants argued that the trial court lacked authority to correct the general judgment on its own motion under ORCP 71 A because (1) only ORS 18.112 allows a court to change a judgment's designation, (2) ORS 19.270(1) permits courts to decide motions for relief under ORCP 71 B but not ORCP 71 A, (3) ORCP 71 A is limited to correcting clerical mistakes, and (4) ORCP 71 A only allows the court to correct judgment as provided in ORCP 71 B.  Plaintiff argued that under ORS 19.270(4)(b), the trial court had jurisdiction to enter a new judgment when the judgment, while under appeal, was defective, and that ORCP 71 A allows the court to correct clerical errors, even during an appeal.  "ORCP 71 A codified Oregon case law, which had previously given the court power to correct 'clerical, as contrasted with judicial errors, in order to make the record speak the truth and conform it to what actually occurred.'" Hubbard v. Hubbard, 213 Or 482, 487, 324 P2d 469 (1958).  The Court concluded that the trial court did not err because it properly addressed a clerical error under ORCP 71 A and was not limited in doing so by ORS 18.112.  Affirmed.