Haw. Fam. Ct. R. (front matter)

HAWAIʻI FAMILY

COURT RULES

(SCRU-11-0000582)

Adopted and Promulgated by

the Supreme Court

of the State of Hawaiʻi

With 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

HAWAIʻI FAMILY COURT RULES

PART A. GENERAL RULES

I. SCOPE OF RULES - ONE FORM OF ACTION;

ELECTRONIC FILING

AND INTERPRETATION OF RULES; EFFECT OF ELECTRONIC

FILING; AUTOMATION.

(a) Scope.

(b) Construction and Application.

(c) Interpretation of Rules.

(d) Effect of Hawaiʻi Electronic Filing and Service Rules.

(e) Effect of automation on processes and procedures.

(f) Definitions.

SERVICE SYSTEM REQUIRED FOR ATTORNEYS IN CASES

MAINTAINED IN JUDICIARY INFORMATION MANAGEMENT

SYSTEM.

II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS,

PLEADINGS, MOTIONS AND ORDERS

(a) Summons: Issuance.

(b) Summons: Form.

(c) Summons: By whom served.

(d) Summons: Personal service.

(e) Summons: Other service.

(f) Territorial limits of effective service.

(g) Return.

(h) Amendment.

ON PARTIES.

(a) Service: When required.

(b) Service of Post-Decree Motions: How made.

(c) Service of All Other Documents: How made.

(d) Proof of service.

(e) Certificate of service.

(f) Filing.

(g) Filing with the court defined.

(h) Nonfiling of discovery materials.

BY ATTORNEYS.

(a) Computation.

(b) Enlargement.

(c) Reserved.

(d) For motions; affidavits or declarations.

(e) Additional time after service by mail.

(f) Filing deadlines.

III. PLEADINGS AND MOTIONS

AND OTHER DOCUMENTS.

(a) Form.

(b) No blank sheet shall be attached to any pleading, motion,

or other document.

(c) Caption; form of first page.

(d) Two or more documents filed together.

(e) Proposed findings, conclusions, orders, or judgments

submitted for signature.

(f) Sanctions.

(a) Claims for relief.

(b) Defenses; form of denials.

(c) Affirmative defenses.

(d) Demurrers, pleas, etc., abolished.

(e) Effect of failure to deny.

(f) Pleading to be concise and direct; consistency.

(g) Construction of pleadings.

(h) Appearance and waiver.

(a) Capacity.

(b) Fraud, mistake, condition of the mind.

(c) Conditions precedent.

(d) Official document or act.

(e) Judgment.

(f) Time and place.

(g) Reserved.

(a) Form of motions.

(b) Declaration in lieu of affidavit.

(c) Motions requesting financial relief.

(d) Response to motions; effect of failure to appear.

(e) Appearance and waiver.

SANCTIONS.

(a) Limited Appearance of Attorneys.

(b) Termination of Limited Representation.

(c) Pleading Prepared for Unrepresented Party.

PLEADING OR MOTION - MOTION FOR JUDGMENT ON THE

PLEADINGS.

(a) When presented.

(b) How presented.

(c) Motion for judgment on the pleadings.

(d) Preliminary hearings.

(e) Motion for more definite statement.

(f) Motion to strike.

(g) Consolidation of defenses in motion.

(h) Waiver or preservation of certain defenses.

(a) Compulsory counterclaims.

(b) Permissive 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 parties may bring in third-party.

(b) Reserved.

(a) Amendments.

(b) Amendments to conform to the evidence.

(c) Relation back of amendments.

(d) Supplemental pleadings.

IV. PARTIES

(a) Real party in interest.

(b) Reserved.

(c) Minors or incompetent persons.

(d) Unidentified defendant.

(a) Persons to be joined if feasible.

(b) Determination by court whenever joinder not feasible.

(c) Pleading reasons for nonjoinder.

(d) Reserved.

(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) Reserved.

(d) Reserved.

V. DEPOSITIONS AND DISCOVERY

(a) Discovery methods.

(b) Discovery scope and limits.

(1) In General.

(2) Limitations.

(3) Reserved.

(4) Trial Preparation: Materials.

(5) Trial Preparation: Experts.

(6) Claims of Privilege or Protection of Trial Preparation Materials.

(c) Protective orders.

(d) Sequence and timing of discovery.

(e) Supplementation of responses.

(f) Discovery conference.

(g) Signing of discovery requests, responses, and objections.

(a) Before action.

(1) Petition.

(2) Notice and service.

(3) Order and examination.

(4) Use of deposition.

(b) Pending appeal.

(c) Perpetuation by action.

(a) Within the United States.

(b) In foreign countries.

(c) Disqualification for interest.

(a) When depositions may be taken; when leave required.

(b) Notice of examination: General requirements; method of recording;

production

of documents and things; deposition of organization; deposition by

telephone.

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

objections.

(d) Schedule and duration; motion to terminate or limit examination.

(e) Review by witness; changes; signing.

(f) Certification and delivery by officer; exhibits; copies.

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

(a) Serving questions; notice.

(b) Officer to take responses and prepare record.

(c) Notice of filing.

(a) Use of depositions.

(b) Pretrial disclosures.

(c) Objections to admissibility.

(d) Form of presentation.

(e) 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.

(b) Answers and objections.

(c) Scope; use at trial.

(d) Option to produce business records.

LAND FOR INSPECTION AND OTHER PURPOSES.

(a) Scope.

(b) Procedure.

(c) Persons not parties.

(a) Order for examination.

(b) Report of examiner.

(a) Request for admission.

(b) Responses.

(c) Objections to the response.

(d) Effect of admission.

(a) Motion for order compelling discovery.

(1) Appropriate court.

(2) Motion.

(3) Evasive or incomplete answer or response.

(4) Expenses and sanctions.

(b) Failure to comply with order.

(1) Sanctions by court in circuit where deposition is taken.

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

(c) Failure to disclose; false or misleading disclosure; refusal to admit.

(d) Failure of party to attend at own deposition or serve answers to

interrogatories or respond to request for inspection.

(e) Expenses against the State.

VI. TRIALS

(a) Assignment of case for trial.

(b) Motions for continuance.

(c) Consent of party to continuance of trial.

(a) Voluntary dismissal: Effect thereof.

(1) By notice of dismissal; by stipulation.

(2) By order of court on initiating party’s motion to dismiss.

(b) Involuntary dismissal: Effect thereof.

(c) Dismissal of cross-action.

(d) Reserved.

(e) Dismissal for want of service or prosecution.

(a) Consolidation.

(b) Separate trials.

(a) Form.

(b) Presentation of expert testimony.

(c) Record of the excluded evidence.

(d) Affirmation in lieu of oath.

(e) Evidence on motions.

(f) Interpreters.

(a) Authentication.

(1) Domestic.

(2) Foreign.

(b) Lack of record.

(c) Other proof.

(a) For attendance of witnesses; form; issuance.

(b) For production of documentary evidence.

(c) Service and notice.

(d) Subpoena for taking depositions; place of examination.

(e) Duties in responding to subpoena.

(f) Contempt.

(a) Effect.

(b) Amendment.

(a) Appointment.

(b) Compensation.

(c) Reference.

(d) Powers.

(e) Report.

(f) Admission.

(g) Dismissal of action.

(a) Authority to order.

(b) Factors to consider; fees and expenses.

(c) Selection of the neutral.

(d) Disclosure.

(e) Physical presence of counsel and parties required.

(f) Communication by parties, counsel, neutral and the Court.

VII. JUDGMENT

(a) Definition; form.

(b) Reserved.

(c) Demand for judgment.

(d) Costs.

(e) Effective date.

(a) Custody and visitation.

(b) Modifying or terminating support for adult children.

(a) Entry.

(b) Judgment.

(c) Setting aside default.

(d) Plaintiff, cross-plaintiff.

(e) Judgment against the State, etc.

(a) For claimant.

(b) For defending party.

(c) Motion and proceedings thereon.

(d) Case not fully adjudicated on motion.

(e) Form of affidavits or declarations; further testimony; defense required.

(f) When affidavits or declarations are unavailable.

(g) Affidavits or declarations made in bad faith.

(h) Form of order.

ORDERS.

(a) Preparation of judgments and other orders.

(b) Party approval or objection to form; delivery to Court.

(c) Court approval; sanctions.

(d) Request for entry.

(e) No waiver of right to appeal.

(f) Documents submitted for court’s signature pursuant to formal hearing.

(g) Preparation of stipulated order when provisions on record.

(a) Forms of stipulations and orders.

(b) Stipulations extending or enlarging time.

JUDGMENTS AND ORDERS.

(a) Grounds.

(b) Time for motion.

(c) Time for serving affidavits or declaration.

(d) On initiative of court.

(e) Motion to reconsider, alter or amend a judgment or order.

(f) Entry of judgment.

(a) Clerical mistakes.

(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence;

fraud.

(a) No automatic stay: Exceptions - Injunctions, receiverships and

accountings.

(b) Stay on motion for new trial or for alteration or amendment of judgment

or order.

(c) Restraining orders pending appeal.

(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) Reserved.

VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

(a) Reserved.

(b) Restraining order; notice; hearing; duration.

(c) Security.

(d) Form and scope of restraining order.

(e) Reserved.

(a) Security and sureties.

(b) Who may not be surety.

SUPPORT.

IX. APPEALS

(a) How taken.

(b) Time.

(c) Service.

(d) Record on appeal.

(1) Designation.

(2) Counter designation.

(e) Statement of case.

(f) Reserved.

(g) Reserved.

(h) Costs.

(i) Stay.

(j) Reserved.

(k) Judgment.

(a) Briefing schedules and scheduling of argument dates.

(b) Opening brief, answering brief and reply brief.

(c) Extension of time for briefs.

(d) Briefs not timely filed or not in conformity with rule.

X. FAMILY COURTS AND CLERKS

(a) Family courts always open.

(b) Filing with the clerk of the court.

(c) Clerk’s office and orders by clerk.

(1) Orders extending time.

(2) Orders granting extension.

(d) Service of orders, decrees, and judgments.

(e) “Court” and “family court” defined.

(f) “Judge” defined.

(g) Costs awarded by the court.

(a) Request for transcript.

(b) Request for an audio or video recording.

(c) Stenographic report or transcript as evidence.

XI. MISCELLANEOUS PROVISIONS

(a) Generally.

(b) Juvenile cases.

(c) Criminal cases.

(d) Reserved.

(e) Conflict.

(f) Appeals.

(g) Depositions and discovery.

(h) Reserved.

(i) Applicability in general.

(j) Reserved.

(a) Withdrawal of counsel unnecessary.

(b) Court approval of withdrawal necessary.

(1) Withdrawal and substitution of counsel.

(2) Motion to withdraw as counsel.

(a) Required notice.

(b) Submission of documents, adherence to court policy.

(c) Effect of failure to appear or tardiness.

PART B. Matrimonial or Civil Union Actions

I. COMMENCEMENT OF ACTION: PLEADINGS

(a) Definition.

(b) Documents required.

II. TRIALS

(a) Motion to set.

(b) Response to Motion to Set.

(c) Motion to Set conference.

(d) Third party practice.

(e) Deviation in time for filing.

(f) Sanctions; non-appearance; failure to comply.

STATEMENT; CONFIDENTIAL SETTLEMENT CONFERENCE

LETTER.

(a) Settlement conference.

(b) Confidential settlement conference letter.

(c) Sanctions.

MARKING EXHIBITS.

(a) Disclosures and exhibits.

(b) Effect of Pre-Trial Order.

III. JUDGMENTS AND ORDERS

IV. MISCELLANEOUS

PARTIES IN UNCONTESTED MATRIMONIAL ACTIONS.

PART C. ADOPTION

I. COMMENCEMENT OF ACTION: PLEADINGS; PARTIES; PROCESS

(a) Reserved.

(b) Reserved.

(c) Names.

(1) Of petitioners.

(2) Of individual.

(d) Signing of petition.

(e) More than one individual in a petition.

(f) Reserved.

(g) Reserved.

(h) Reserved.

II. HEARING

(a) Who must attend.

(b) Procedures at the hearing.

(a) To obtain new birth certificate for individual.

(b) To distribute copies.

II. MISCELLANEOUS

DENIAL OF PETITION.

OTHER THIRD PERSON PLACEMENT CASES, AND WHEN

MOTHER’S AFFIDAVIT OR DECLARATION IS REQUIRED.

(a) Attorney’s affidavit or declaration of birth background.

(b) Natural mother’s affidavit or declaration of relationship with natural

father.

(c) Foreign adoption placement agency’s affidavit or declaration.

PART D. JUVENILE PROCEEDINGS

I. GENERAL PROVISIONS

(a) Purpose and scope.

(b) Definitions.

II. INTAKE

III. PETITION

IV. TRANSFER TO CRIMINAL COURT

V. SHELTER AND DETENTION

VI. THE ADJUDICATION HEARING

VII. THE DISPOSITION HEARING

REVIEW PROCEEDINGS.

VIII. MISCELLANEOUS

IX. OTHER PROCEDURES AND REQUIREMENTS

REPORT.

APPENDIX OF FORMS

HAWAIʻI FAMILY COURT RULES