Last amended July 1, 2006 · Last verified July 3, 2026
In one sentenceRule 60 lets the court fix clerical mistakes at any time and, on motion, relieve a party from a final judgment for reasons like mistake, newly discovered evidence, fraud, or a judgment that's void or already satisfied.
(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)Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (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); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (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) 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 proceeding was entered or taken. 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. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
Amendment History
Amended December 7, 1999, effective January 1, 2000
further amended May 30, 2006, effective July 1, 2006
Plain-English Summary
Clerical mistakes in judgments, orders, or the record, along with errors from oversight or omission, can be corrected by the court at any time, on its own or on a party's motion, with whatever notice the court orders; during an appeal, the trial court can still fix these before the appeal is docketed, and afterward only with the appellate court's leave.
Beyond clerical fixes, a party can move for relief from a final judgment, order, or proceeding for six categories of reasons: mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that diligence couldn't have turned up in time for a Rule 59(b) motion; fraud, misrepresentation, or other misconduct by the other side; a judgment that's void; a judgment already satisfied, released, discharged, or based on an earlier judgment that's been reversed or vacated, or that it's no longer equitable to enforce prospectively; or any other reason justifying relief. The motion must come within a reasonable time, and for the first three reasons, no later than a year after the judgment, order, or proceeding. Filing the motion doesn't affect the judgment's finality or suspend it, and this rule doesn't limit a court's power to hear an independent action for relief from a judgment or to set aside a judgment obtained through fraud on the court; the old writs of coram nobis, coram vobis, and audita querela, along with bills of review, are abolished, leaving a motion under this rule or an independent action as the only paths to relief.
Frequently Asked Questions
Can a clerical error in a judgment be fixed after the fact?
Yes, at any time, by the court on its own initiative or on a party's motion, with whatever notice the court orders.
What are the grounds for getting relief from a final judgment?
Rule 60(b) lists six: mistake or excusable neglect; newly discovered evidence; fraud or misconduct by the other party; a void judgment; a judgment already satisfied or based on a reversed judgment; or any other reason justifying relief.
Is there a deadline to move for relief from judgment?
The motion must come within a reasonable time, and for mistake, newly discovered evidence, or fraud specifically, no later than one year after the judgment, order, or proceeding.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 60). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:relief from judgmentRule 60(b) motioncorrecting clerical mistakesvoid judgment