Rule 60.Relief from Judgment or Order.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 60 lets the court correct clerical mistakes at any time and gives six grounds for relief from a final judgment, three of them capped at one year.

Full Text of Rule 60

Text sizeJump to: (a) (b)

(a) (a) Clerical mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(b) (b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from any or all of the provisions of a final judgment, order, or proceeding for the following reasons:

(1) (1) mistake, inadvertence, surprise, or excusable neglect;

(2) (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) of these Rules or to reconsider, alter, or amend under Rule 59(e);

(3) (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(4) (4) the judgment is void;

(5) (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or

(6) (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceedings was entered or taken. For reasons (1) and (3) the averments in the motion shall be made in compliance with Rule 9(b) of these Rules. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

Clerical mistakes in judgments, orders or the record, and errors arising from oversight or omission, may be corrected by the court at any time on its own initiative or on a party motion, with whatever notice the court orders. During an appeal they may be corrected before docketing, and afterwards with leave of the appellate court.

Substantive relief comes on six grounds: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence that due diligence could not have found in time for a Rule 59 motion; fraud, misrepresentation or other misconduct of an adverse party; a void judgment; a judgment that has been satisfied, released or discharged, or rests on one since reversed, or that is no longer equitable to apply prospectively; and any other reason justifying relief.

Timing splits the grounds. Every motion must be made within a reasonable time, and the first three grounds carry an outer limit of one year after the judgment, order or proceeding was entered or taken. Mistake and fraud must be pleaded with the particularity Rule 9(b) requires.

A motion under this subdivision does not affect the finality of the judgment or suspend its operation. Two other rules point here: a default judgment is set aside only under this rule, and a failure to serve a decree under Rule 5.1 may be grounds for relief under subdivision (b)(3) or (b)(6).

Frequently Asked Questions

How long do I have to set aside a Hawaii family court judgment?

Within a reasonable time, and for mistake, newly discovered evidence or fraud, not more than one year after the judgment, order or proceeding was entered or taken.

What are the grounds for relief from a judgment?

Mistake, inadvertence, surprise or excusable neglect; newly discovered evidence; fraud or other misconduct of an adverse party; a void judgment; a satisfied or no longer equitable judgment; and any other reason justifying relief.

Can a clerical error be fixed at any time?

Yes, by the court on its own initiative or on motion, with such notice as the court orders.

Does filing the motion stop the judgment from operating?

No. A motion under subdivision (b) does not affect the finality of the judgment or suspend its operation.

How do I set aside a default judgment?

Under this rule. Rule 55(c) sends a default judgment here, while a bare entry of default may be set aside for good cause shown.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 60). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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