Rule 36: Clerical Mistakes.
After giving any notice it considers appropriate, the court may at any time correct clerical mistakes in judgments, orders, or other parts of the record, and errors in the record arising from oversight or omission. Upon filing of the corrected judgment or order, the defendant or the state may initiate an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. [As amended by order filed January 13, 2012, effective July 1, 2012.]
Advisory Commission Comments.
This rule conforms to the corresponding federal rule.
Advisory Commission Comments .
Tenn. R. Crim. P. 36 is amended to provide for an appeal as of right from the trial court’s filing of a corrected judgment or order. A corresponding amendment to Tenn. R. App. P. 3 is also adopted.
Tenn. R. App. P. 24(a) lists the items which must be included in the record on appeal. In an appeal as of right from the entry of a corrected judgment or order pursuant to Tenn. R. Crim. P. 36, the record on appeal should include the listed items (e.g., papers filed in the trial court, exhibits, transcript or statement of the evidence or proceedings, etc.) pertaining to the original judgment or order, as well as those items pertaining to the corrected judgment or order. As provided by Tenn. R. App. P. 24(a), however, the parties may designate that only certain items be included “[i]f less than the full record on appeal. . .is deemed sufficient to convey a fair, accurate and complete account of what transpired with respect to those issues that are the bases of appeal[.]”Back to Top