COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. FORM SUMMARY : Calendar No. Name of Form: Request and Order to Correct Clerical Error in Judgment of : Conviction Plaintiff(s) JUDICIAL SUBPOENA Form Number: Statutory Reference: -againstCR-245 : : State v. Prihoda, 2000 Wis 123, 618 NW 2d 857 (2000) : To allow the Court to direct the Clerk of Court to correct an error on a criminal judgment of conviction Defendant(s) : ...................................................... Who Completes It: Clerk of Court Purpose of Form: Distribution of Form: Original to judge for consideration to sign or schedule for hearing, with THE PEOPLE OF THE STATE OF NEW YORK copies to the parties TO Accompanying Forms: New Form/Modification: New form. GREETINGS: Modifications: Not applicable. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Comments: The Supreme Court at the of Wisconsin in State v. Prihoda, 2000 Wis. 123, 618 , the Honorable Court NW 2d 857 (2000), determined that the clerk of circuit court did not have located at County of the inherent authority to correct a clerical error in sentence portion of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify andwritten judgment of witness in this action on the part ofthat the judge, not give evidence as a conviction. The Court determined the the clerk’s office was required to determine the merits of a request for change in sentence portion of written judgment of conviction due to alleged clerical error. The court further determined that the judge had the discretion subpoena is whether the defendant was entitled to notice and Your failure to comply with this to determine punishable as a contempt of court and will makeayou liable to hearing before a correction maximum the party on whose behalf this subpoena was issued for a was made. penalty of $50 and all damages sustained as a result of your failure to comply. This form allows the clerk to bring the fact of a clerical error to the Witness, Honorable attention of the judge so that a decision can be, made whether the clerk can one of the Justices of the makeday of the change automatically and without a hearing (but with notice of Court in County, , 20 the change to the parties) or whether to schedule a hearing with prior notice to all parties. (Attorney must sign above and type name below) Most errors are open and obvious mistakes that can be confirmed merely by looking at the minutes or a review of the court reporter’s notes; these probably do not need a hearing in advance of the change. The Court stated that where the court’s orally rendered sentence was “unambiguous,” a Attorney(s) for hearing was not required. Errors that are not open and obvious will probably require a hearing with prior notice to the parties. About this form: This form is the product of the Wisconsin Records Management Committee, a Office and P.O. a mandate committee of the Director of State Court’s Office andAddress of the Wisconsin Judicial Conference. If you have additional information that does No.: Telephone not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 04/28/03 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : STATE OF WISCONSIN, CIRCUIT COURT, STATE OF WISCONSIN -vs- Index No. For Official Use Calendar No. COUNTY : JUDICIAL Plaintiff(s) Request and Order to SUBPOENA Correct Clerical Error : in Judgment of Conviction -against, Defendant : Name Case No. : Date of Birth Defendant(s) : ...................................................... I state as follows: 1. I am the Clerk of Court Deputy Clerk of Court for this county. THE PEOPLE OF THE STATE OF NEW YORK 2. A Judgment of Conviction was filed in this case on (date) . 3. The TO following clerical error(s) was made in the Judgment of Conviction: GREETINGS: Correction: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned court order the Judgment of Conviction be corrected. 4. I request that the date, to testify and give evidence as a witness in this action on the part of the Signature of Clerk of court and will make Your failure to comply with this subpoena is punishable as a contempt of Court/Deputy Clerk of Court you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Date Witness, Honorable Court in County, THE COURT ORDERS: , one of the Justices of the day of , 20 1. The clerk correct the Judgment of Conviction as requested, and send a copy of this Request and Order and the corrected judgment to the parties. 2. The clerk shall send a copy of this Request and Order to the (Attorneyin this action. and type name below) parties must sign above • If no objection is raised within ten (10) days from the date of this Order, the clerk shall correct the Judgment of Conviction in accordance with this request and send a copy of the corrected judgment to the parties. • If an objection is raised within ten (10) days, the clerk shallAttorney(s) for scheduled for a hearing. have the matter BY THE COURT: Office and P.O. Address Circuit Court Judge Distribution: 1. Court – Original 2. Parties Name Printed or Typed CR-245, 04/03 Request and Order to Correct Clerical Error in Judgment of Conviction Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Date This form shall not be modified. It may be supplemented with additional material. 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