How to rectify an error in a civil court decision?
Verified 09 September 2026 - Public Service / (Prime Minister)
If you notice an error or omission in a court decision in civil matters, you can ask for its correction. It is therefore necessary to submit a request for correction of a material error or omission. In general, the correction must be made by the court that made the error. We present you the information to know.
The error or omission must be purely material. It must result from an unintentional act of the judge (inadvertence, clumsiness of expression or drafting).
The error or omission must come from the court or tribunal that made the decision.
An error or omission arising from the statement of claims of parties (plaintiff or defendant), then taken back by the judge, can sometimes also be corrected. For example, if the judge resumes an erroneous conversion of currencies foreign currency in euro contained in conclusions of a part.
The correctable error is essentially the error found in the device of the court decision.
Examples of hardware errors
- Failure to type the name of a part or change the meaning of a sentence
- Miscalculation
- Mistakenly omitting or adding a word
- Date Error
Examples of material omission
- Forgetting words or a sentence in the original version of the judgment (also called minute) as long as there is a drafting failure
- Forgot part of the decision in the device while the application was considered by the judge in the grounds of the judgment
- Forgot in calculation of damages and interest of a provision already paid
- Forgot the name of a judge who took part in the proceedings
- Forgetting the indexation of child support or compensatory benefit
Which is not a hardware error
The error is not material when it comes to one of the following situations:
- Failure to assess the facts
- Failure to interpret or apply the rule of law
- Anomaly in the reasoning.
In this case, only conventional remedies (call and quashing) are open.
Please note
By correcting an error or omission in a second judgment (the « Corrected Judgment »), the judge cannot alter the rights and obligations of the parties to the 1er judgment (the « erroneous judgment »). The decision previously taken by the judge remains the same, but modifiable errors or omissions are corrected.
The rules differ depending on the situation: no appeal, appeal or appeal in cassation.
Répondez aux questions successives et les réponses s’afficheront automatiquement
In the absence of appeal
You must file your application before the court that made the decision , even if it is become res judicata.
In the event of an appeal
If a call is in progress, you must file the application with the Court of Appeal from the time the case was scheduled (entered by the Registrar in the register of pending cases).
If the appeal decision is rendered, the court of appeal shall remain competent to receive your request for correction.
In the event of an appeal in cassation
The court that issued the decision to be rectified remains competent.
Exceptionally, the Court of Cassation is competent to rectify a contradiction between the grounds and the device of a decision where that contradiction arises from a clerical error.
Who can apply to the court?
You can request correction of a hardware error if you are a party (claimant or respondent) in the decision to be corrected.
The judge may also take charge of the rectification itself without a request from you or your opponent.
Do we need a lawyer?
You must hire a lawyer if the lawyer was already mandatory in the procedure that gave rise to the decision to be corrected. If the lawyer was not mandatory, however, you can take one.
Who shall I contact
How to seize the court?
You can refer the matter to the judge by means of a query single or joint.
The application can be dematerialized when the initial procedure was opened to the online application (e.g. an application before the Family Court).
There's no no delay. You can go to court at any time.
The judge decides after having summoned and heard the parties (plaintiffs and defendants) to a hearing so that everyone can comment on the error or omission.
When the matter is brought before it by motion, the judge shall decide without hearing unless he considers it necessary to hear the parties.
The judge shall have the sole discretion to determine whether there has been sufficient time between the request for correction and the hearing to allow the parties to prepare their defense. There is no time limit for appearances.
One new decision which corrects the error is rendered.
This amending decision shall be mentioned in the margin of the original decision (or minute).
Please note
From that moment, if you have to use your court decision, you must present the initial decision accompanied by the correcting decision.
If you do not take a lawyer, the procedure is free.
If you choose a lawyer, you must pay any fees.
On the other hand, costs of the proceedings such as costs are generally the responsibility of the court.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rectification rejected
You can do call or form a appeal on a point of law.
Rectification accepted
You can appeal of the amending decision if appeal against the corrected decision is still possible.
Alternatively, you can appeal if you believe the judge has exceeded his or her authority (where the judge has the authority of res judicata correcting the decision).
You can appeal in cassation whether an appeal against the corrected decision is possible or where the judge has overstepped his or her powers.
If the rectified decision has become final, the rectifying decision may be challenged only by an appeal in cassation.
Who can help me?
Find who can answer your questions in your region
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the Department of Justice.
- Lawyer
Service Public