Rule 316.Correction of Clerical Mistakes in Judgment Record

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 316 lets the judge correct clerical mistakes in a judgment record in open court, according to the truth of the case, after notice of the motion is served on the interested parties under Rule 21a, with later execution conforming to the corrected judgment.

Full Text of Rule 316

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Clerical mistakes in the record of any judgment may be corrected by the judge in open court according to the truth or justice of the case after notice of the motion therefor has been given to the parties interested in such judgment, as provided in Rule 21a, and thereafter the execution shall conform to the judgment as amended.

End

Plain-English Summary

Rule 316 fixes slips in the record. Clerical mistakes in the record of a judgment may be corrected by the judge in open court, according to the truth or justice of the case. Before the correction, notice of the motion must be given to the parties interested in the judgment, as provided in Rule 21a.

A clerical mistake is an error in recording the judgment the court rendered — not a change of substance, which is a judicial decision the rule does not reach. After the correction, the execution must conform to the judgment as amended.

Frequently Asked Questions

Can a Texas judge fix a mistake in a signed judgment?

Under Rule 316, the judge may correct a clerical mistake in open court after notice of the motion under Rule 21a. The correction must match the judgment the court rendered.

What is the difference between a clerical and a judicial error?

A clerical error is a mistake in recording the judgment that was rendered. Rule 316 reaches only clerical errors, and execution then follows the corrected judgment.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 316), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: correction of clerical mistakesjudgment nunc pro tuncclerical error judgmentcorrect judgment recordTRCP 316