A scrivener (or scribe) was a person who, before the advent of compulsory education, could literacy or who wrote letters as well as court and legal documents. Scriveners were people who made their living by writing or copying written material. This usually indicated secretary and administrative duties such as dictation and keeping business, judicial, and history records for monarch, nobility, , and municipality. Scriveners later developed into notaries, , and in England and Wales, scrivener notaries.
They were and are generally distinguished from , who in the European mostly copied books; with the spread of printing this role largely disappeared, but scriveners were still required. Styles of handwriting used by scriveners included secretary hand, book hand and court hand.
Despite the high literacy rate, in France, "public writers" ( écrivains publics) are still common. Their job mainly consists of composing formal writings like curricula vitae or motivation letters for people who do not write well, as well as other things like , or ghostwriting books. In French-speaking Belgium their return dates from 1999, in an effort to curb semi-literacy and broader socio-cultural inequality; they also include services like reading out loud. Présence et action culturelles
In Japan, the word "scrivener" is used as the standard translation of shoshi, in referring to legal professions such as judicial scriveners and administrative scriveners.
In the Irish language, a scríbhneoir is a writer, or a person who writes. Similarly, in Welsh language, ysgrifennu is 'to write', ysgrifennwr is 'writer' and ysgrifennydd is 'secretary, scribe'.
Scrivener notary tasks generally include authentication and drafting of for use in international contexts.
It is a mistake made while copying or transmitting legal documents, as distinguished from a judgment error, which is an error made in the exercise of judgment or discretion, or a technical error, which is an error in interpreting a law, regulation, or principle. There is a considerable body of case law concerning the proper treatment of a scrivener's error. For example, where the parties to a contract make an oral agreement that, when reduced to a writing, is mis-transcribed, the aggrieved party is entitled to reformation so that the writing corresponds to the oral agreement.
A scrivener's error can be grounds for an appellate court to remand a decision back to the trial court. For example, in Ortiz v. State of Florida, Ortiz had been convicted of possession of less than 20g of marijuana, a misdemeanor. However, Ortiz was mistakenly adjudicated guilty of a felony for the count of marijuana possession. The appellate court held that "we must remand the case to the trial court to correct a scrivener's error."
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In some circumstances, courts can also correct scrivener's errors found in primary legislation.David M Sollors, War on Error: The Scrivener's Error Doctrine and Textual Criticism: Confronting Errors in Statutes and Literary Texts, Santa Clara Law Review, 2009
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