Roth v. Hoffer’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This Court has clearly held that Rule 60(a) is not a substitute for an appeal on the merits. ‘Generally, Rule 60(a) can only be used to make the judgment or record speak the truth and cannot be used to make it say something other than what originally was pronounced. We believe it clear that Rule 60(a) was not designed to affect substantive portions of a judgment or order, nor to act as a substitute for appeal. The rule is appropriately utilized only for “the correction of irregularities which becloud but do not impugn [the judgment].” United States v. Stuart, 392 F.2d 60, 62 (3d Cir.1968), The problem is essentially one of characterization. Kelley v. Bank [Bldg. & Equip. Corp. of Am.], 453 F.2d 774, 778 (10th Cir.1972). It must be determined “whether a substantive change or amendment was made or whether the amended conclusions and judgment were in the nature of corrections.” Kelley, supra. ‘A court may correct, pursuant to Rule 60(a), errors created by oversight or omission that cause the judgment to fail to reflect what was intended at the time of trial. However, Rule 60(a) is not a vehicle for relitigat-■ing matters that have already been litigated and decided, nor to change what has been deliberately done.’ (Citations, footnote omitted:) Gruebele v. Gruebele, 338 N.W.2d 805, 811-12 (N.D.1983); see also Volk v. Volk, 435 N.W.2d 690, 692 (N.D.1989).” Fargo Glass & Paint [Co. v. Randall, 2004 ND 4 ], at ¶ 5[, 673 N.W.2d 261 ] quoting First W. Bank v. Wickman, 513 N.W.2d 62, ”

   1 later decision quote this exact passage
   e.g. Erickson v. Olsen

2. ““The basic distinction between ‘clerical mistakes’ and mistakes that cannot be corrected pursuant to Rule 60(a) is that the former consist of ‘blunders in execution’ whereas the latter consist of instances where the court changes its mind, either because it made a legal or factual mistake in making its original determination, or because on second thought it has decided to exercise its discretion in a manner different from the way it was exercised in the original determination.””

   1 later decision quote this exact passage
   e.g. Kukla v. Kukla