Haw. Prob. R. 81

An original and 2 copies of flag sheets in substantially the same form as set forth in Appendix A herein, containing the information sought therein, shall be presented to the clerk of the court for all hearings to admit a will to probate, to adjudicate intestacy, to appoint a personal representative, to confirm the sale of real property, to determine an elective share, and to approve the final accounts of the personal representative. These flag sheets shall conform to the requirements of Rule 4 of these Rules and shall be presented to the court no later than 10 days prior to the scheduled hearing. While flag sheets may be submitted through the Judiciary Electronic Filing System, flag sheets submitted conventionally shall not be file-marked as a pleading, but shall be date-stamped by the clerk and placed in the court file for reference. Failure to present a required flag sheet in time shall cause the hearing to be continued to the next available date, unless otherwise ordered by the court. Where the facts of the case as set forth in the flag sheet change after submission of the flag sheet to the court, an amended flag sheet shall be presented.

COMMENTARY:

This Rule makes flag sheets mandatory in all probate proceedings in all circuits. Conventionally submitted flag sheets are not filed as pleadings but are date-stamped as having been received by the clerk to eliminate the chance for lost documents and to provide a clear record. The flag sheet is normally placed in the court's file for ready

reference by the judge and court staff. Sample flag sheets are available at the court and may be available on-line.

(Amended November 2, 1995, effective January 2, 1996; further amended November 12, 1997, effective December 15, 1997; further amended May 15, 2008, effective July 1, 2008; further amended February 5, 2013, effective July 1, 2013; further amended September 26, 2019, effective October 28, 2019; further amended August 29, 2023, effective January 1, 2024.)