Haw. Prob. R. 24

A party submitting an ex parte pleading to the court shall clearly state the relief being sought and the facts and legal basis justifying it. The party shall attach to the petition an affidavit of counsel explaining the basis for the court issuing an order ex parte and attach any exhibits relating to the relief sought and a proposed form of order granting the petition. The party shall file the petition, affidavit, and exhibits as one document and either attach the order to the other documents or submit it simultaneously with them, as a separate document.

The party shall present the ex parte petition to the presiding judge directly, with a certificate of service stating that the petitioner will serve notice on all interested persons entitled to notice immediately after filing of the order. If the petition is granted, the party shall then cause all of the documents to be filed with the clerk and then serve the petition and order on all interested parties entitled to notice (unless otherwise ordered by the court).

COMMENTARY:

This rule follows general practice, specifying the necessary elements to an ex parte submission to the court. The order may be attached to the petition and supporting documents or submitted separately, but at the same time and as part of the same packet to the court. The rule also adopts a prospective certificate of service, which is otherwise very rare in probate court practice.