Haw. Dist. Ct. R. Civ. P. (front matter)

DISTRICT COURT

RULES OF

CIVIL PROCEDURE

(SCRU-11-0000580)

Adopted and Promulgated by

the Supreme Court

of the State of Hawaiʻi

As Amended February 8, 1996, Effective April 1, 1996

With Further Amendments as Noted

Comments and commentary are provided by the rules committee

for interpretive assistance. The comments and commentary express

the view of the committee and are not binding on the courts.

The Judiciary

State of Hawaiʻi

DISTRICT COURT RULES OF CIVIL PROCEDURE

ARTICLE I. SCOPE OF RULES - ONE FORM OF ACTION

ARTICLE II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS,

PLEADINGS, MOTIONS AND ORDERS

(a) By filing of complaint

(b) Venue

(c) Place of filing; Assignment to Division

(d) Transfer

(a) Summons: Issuance

(b) Same: Form

(c) Same: By whom served

(d) Same: Personal service

(e) Same: Other service

(f) Territorial limits of service

(g) Return

(h) Amendment

(a) Service: When required

(b) Same: How made

(c) Same: Numerous defendants

(d) Filing

(e) Filing with the court defined

(f) Nonfiling of discovery materials

(a) Computation

(b) Enlargement

(c) Reserved

(d) For motions; affidavits

(e) Additional time after service by mail

ARTICLE III. PLEADINGS AND MOTIONS

(a) Pleadings

(b) Motions and other papers

(c) Demurrers, pleas, etc., abolished

(a) Claims for relief

(b) Defenses; form of denials

(c) Affirmative defenses

(d) Effect of failure to deny

(e) Pleading to be concise and direct; consistency

(f) Construction of pleadings

(a) Capacity

(b) Reserved

(c) Reserved

(d) Reserved

(e) Reserved

(f) Reserved

(g) Special damage

(a) Caption; names of parties

(b) Paragraphs; separate statements

(c) Adoption by reference; exhibits

(a) Limited Appearance of Attorneys

(b) Termination of Limited Representation

(c) Pleading Prepared for Unrepresented Party

(a) Answers - When presented; return day

(b) How presented

(c) Motion for judgment on the pleadings

(d) Preliminary Hearings

(e) Motion for more definite statement

(f) Motion to strike

(g) Reserved

(h) Waiver or preservation of certain defenses

(a) Reserved

(b) Counterclaims

(c) Counterclaim exceeding opposing claim

(d) Counterclaim against the state

(e) Counterclaim maturing or acquired after pleading

(f) Omitted counterclaim

(g) Cross-claim against co-party

(h) Joinder of Additional parties

(i) Separate trials; separate judgment

(a) When defendant may bring in third-party

(b) When plaintiff may bring in third-party

(c) Form of pleading

(a) Amendments

(b) Amendments to conform to the evidence

(c) Relation back of amendments

(d) Supplemental pleadings

VIDEOCONFERENCE CALL

(a) Telephonic or videoconferencing call allowed

(b) Telephonic or videoconferencing call not allowed

ARTICLE IV. PARTIES

(a) Real party in interest

(b) Reserved

(c) Infants or incompetent persons

(d) Unidentified defendant

(a) Joinder of claims

(b) Reserved

(a) Persons to be joined if feasible

(b) Determination by court whenever joinder not feasible

(c) Pleading reasons for nonjoinder

(a) Permissive Joinder

(b) Separate trials

(a) Intervention of right

(b) Permissive intervention

(c) Procedure

(d) Notice of Claim of Unconstitutionality

(a) Death

(b) Incompetency

(c) Transfer of interest

(d) Public officers; death or separation from office

ARTICLE V. DEPOSITIONS AND DISCOVERY

(a) Discovery methods

(b) Discovery scope and limits

(1) In general

(2) Insurance agreement

(3) Trial preparation: materials

(4) Trial preparation: experts

(c) Discovery scope and limits

(d) Sequence and timing of discovery

(e) Supplementation of responses

(f) Status conference

(g) Signing of discovery request, responses, and objections

(a) Before action

(1) Reserved

(2) Reserved

(3) Reserved

(4)Use of deposition to perpetuate testimony taken in any other court

(b) Pending appeal

(c) Reserved

(a) Within the United States

(b) In foreign countries

(c) Disqualification for interest

(a) When deposition may be taken

(b)Notice of examination: General requirement; special notice; non-stenographic recording; production of documents and things; deposition of organization; deposition by telephone

(c)Examination and cross-examination; record of examination; oath; objections

(d) Motion to terminate or limit examination

(e) Submission to witness; changes; signing

(f)Certification and retention by officer; exhibits; copies; filing and notice of filing

(g) Failure to attend or to serve subpoena; expenses

(a) Serving questions; notice

(b) Officer to take responses and prepare record

(c) Retention; filing; notice of filing

(a) Use of depositions

(b) Objections to admissibility

(c) Reserved

(d) Effect of errors and irregularities in depositions

(1) As to notice

(2) As to disqualification of officer

(3) As to taking of deposition

(4) As to completion and return of deposition

(a) Availability; procedures for use

(b) Scope; use at trial

(c) Option to produce business records

(a) Scope

(b) Procedure

(c) Persons not parties

(a) Order for examination

(b) Report of findings

(a) Request for admission

(b) Effect of admission

(a) Motion for order compelling discovery

(1) Appropriate court

(2) Motion

(3) Evasive or incomplete answer

(4) Award of expenses of motion

(b) Failure to comply with order

(1)Sanction by district court in circuit where deposition is taken

(2)Sanctions by district court in which action is pending

(c) Expenses on failure to admit

(d)Failure of party to attend at own deposition or serve answers to questions or respond to request for inspection

(e) Expenses against the state

ARTICLE VI. TRIALS

(a) Right preserved

(b) Demand

(c) Same: Specification of issues

(d) Waiver

(a) Voluntary dismissal: Effect thereof

(1) By plaintiff; by stipulation

(2) By order of court

(b) Involuntary dismissal: Effect thereof

(c) Dismissal of counterclaim, cross-claim, or third-party claim

(d) Costs of previously-dismissed action

(a) Consolidation

(b) Separate trials

(a) Form

(b) Presentation of expert testimony

(c) Record of excluded evidence

(d) Affirmation in lieu of oath

(e) Evidence on motions

(f) Interpreters

(a) For attendance of witnesses; form; issuance

(b) For production of documentary evidence

(c) Service

(d) Subpoena for taking depositions; place of examination

(e) Reserved

(f) Contempt

(a) Effect

(b) Motion, when to be made

(c) When judgment is appealed

ARTICLE VII. JUDGMENT

(a) Definition; form

(b) Judgment upon multiple claims or involving multiple parties

(c) Demand for judgment

(d) Costs

(a) Entry

(b) Judgment

(1) By the clerk

(2) By the court

(c) Setting aside default

(d) Claims

(e) Judgment against the state, etc.

(f) Dismissal for want of prosecution in default cases

(a) For claimant

(b) For defending party

(c) Motion and proceedings thereon

(d) Case not fully adjudicated on motion

(e) Form of affidavits; further testimony

(f) When affidavits are unavailable

(g) Affidavits made in bad faith

(h) Form of order

(a) Grounds

(b) Time for motion

(c) Time for serving affidavits

(d) On initiative of court

(e) Motion to alter or amend a judgment

(a) Clerical mistakes

(b)Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.

(a) Automatic stay

(b) Stay on motion for new trial or other motion

(c) Reserved

(d) Stay upon appeal

(e) Stay in favor of the state, etc.

(f) Reserved

(g)Power of supreme court and intermediate court of appeals not limited

(h) Stay of judgment upon multiple claims

(i) Landlord and tenant proceedings

ARTICLE VIII. PROVISIONAL AND FINAL REMEDIES

AND SPECIAL PROCEEDINGS

(a)Declaration and service

(b) Where judgment/prejudgment debtor not an individual

(c) Time of motion

(d) Garnishment of wages

(e) Motion for return/release of garnished wages

ARTICLE IX. JUDICIAL REVIEW

(a) How taken

(b) Time

(c) Service

(d) Record on appeal

(1) Designation

(2) Counter designation

(e) Statement of case

(f) Costs

(g) Stay

(h) Hearing

(i) Judgment

ARTICLE X. DISTRICT COURTS AND CLERKS

(a) District courts always open

(b) Trials and hearings; orders in chambers

(c) Clerk's office and orders by clerk

(d) Notice of orders or judgments

(e) Reserved

(f) Costs awarded by the court

(a) Civil docket

(b) Civil judgments and orders

(c) Indices

(d) Other books and records of the clerk

(a) Reserved

(b) Reserved

(c) Stenographic report or transcript as evidence

ARTICLE XI. GENERAL PROVISIONS

(a) To what proceedings not applicable

(b) Other statutory proceedings

(c) Reserved

(c.1) Place of filing small claims

(d) Reserved

(e) Reserved

(f) Reserved

(g) Reserved

(h) Reserved

(i) Applicability in general

(j) References to incompetent person

APPENDIX OF FORMS

DISTRICT COURT RULES OF

CIVIL PROCEDURE

ARTICLE I. SCOPE OF RULES -

ONE FORM OF ACTION