Rule 36 - Relief from Order(a) Clerical Mistakes. The court may correct clerical mistakes in orders or other parts of the record and errors arising from oversight or omission at any time of its own initiative or on the petition of any interested person and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be corrected before the appeal is docketed, and thereafter while the appeal is pending may be corrected with leave of the appellate court. (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. Upon petition and upon such terms as are just, the court may relieve an interested person from an order or judgment 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 before the order was issued; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (5) the order has been satisfied, released, or discharged, or a prior order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application; or (6) any other reason justifying relief from the operation of the order. The petition shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the order or proceeding was entered or taken. A petition under this subdivision (b) does not affect the finality of an order or suspend its operation. Amended May 30, 2006, effective 7/1/2006.COMMENTARY:
This rule complies substantially with HRCP 60. It does not override any statutory period of limitations to probate a will or determine heirs.