Erickson v. Olsen’s Empirical Analysis

Citation profile

3 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 3 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. The problem is essentially one of characterization. It must be de termined whether a substantive change or amendment was made or whether the amended conclusions and judgment were in the nature of corrections.”

   1 later decision quote this exact passage
   e.g. Mid Dakota Clinic P.C. v. Livengood

2. “The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with notice. But after an appeal has been docketed in the Supreme Court and while it is pending, such a mistake may be corrected only with the Supreme Court’s leave.”

   1 later decision quote this exact passage
   e.g. Mid Dakota Clinic P.C. v. Livengood