Haw. Prob. R. 125

The clerk of the court shall assign a T. No. to all initial proceedings involving trust estates, unless the trust relates to (1) a testamentary trust, in which case the P. No. for the original probate shall be used, or (2) a trust established by the court in a conservatorship proceeding in which case the G. No., C. No. or CG. No. for the original conservatorship shall be used. Once a case number is assigned to a particular trust, that same case number shall be used in all court proceedings involving that trust. Therefore, for all trusts for which proceedings were commenced prior to the enactment of this Rule, the S.P. No., E. No. or P. No., as the case may be, initially assigned to the trust shall continue to be used for all future proceedings relating thereto.

COMMENTARY:

The purpose of case number assignments is to assign a number based upon the nature of the proceeding before the court. Allowing proceedings relating to testamentary trusts, trusts created in protective proceedings, and proceedings filed with respect to trusts for which proceedings were commenced prior to the enactment of the Rule to retain the same case number assignment and remain in the original action allows the court to more easily research the history of the trust.

(Amended April 28, 2006, effective July 1, 2006; further amended June 15, 2010, effective July 1, 2010.)