2008-10-06_Chris Yuen_v_Board_of_Appeals_and_Edmund_Jin_and_Eva_Lu_-_Answering brief-Civil_No_07-1-261K

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C The errors envisioned by Rule 60(a) cover such things as'inisprisons, oversights and omissions, unintended acts or failures to act" Pattiz v. Schwartz, 386 F.2d 300, 302 (C.A.Mo. 1968) (concluding that"the omission and failure to have the amended complaint formally entered on the clerks docket (when that amended complaint had been accepted by the court and had lain in the file in the clerks possession continuously since 1962)was, despite the clerk's lack of awareness thereof, a mistake on the part of the clerk)(citation omitted).Z See also Ruffin v. Dept. of Transportation, 428 N.E.2d 628, 732 (III.App. 1981) (concluding that`ho one has authority to file documents as of any other date than that on which they are received'where it was evident from the record that plaintiffs attorney caused the complaint to be delivered to the clerk's office, along with the appropriate fees, on the date it was due, but the clerk delayed file stamping the document until a check for the proper amount of the sheriffs fees was received). Moreover, the court has an inherent power to make an entry nunc pro tunc in order to correct its records at any time so that they speak the truth. See DuPonte v. DuPonte, 53 Haw. 123, 488 P.2d 537 (1971). See also The City and County of Honolulu v. Caetano, 30 Haw. 1, 5 (1927) (finding that"[c]lerical misprisons can be corrected at any time by an order of the court. . . '). See also 46 Am. Jur. 2d Judgments § 130 (November 2007) (Nunc pro tunc is merely descriptive of the inherent power of the court to make its records speak the truth, to record that which was actually done, but omitted to be recorded'). A`nunc pro tunc order relates back to the original date of the matter it affects'' Keahole Defense Coalition, Inc. v. Bd. of Land and Natural Resources, 110 Hawaii 419, 430, 134 P.3d 585, 596 (2006) (quoting Poe v. Hawaii Labor Relations Bd., 98 Hawa'i'i 416, 423, ''Although this case involves Rule 60(a)of the Federal Rules of Civil Procedure,the language of the federal rule and Rule 60(a)of the Hawaii Rules of Civil Procedure is verbatim. 17