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

HAWAIʻI RULES

OF CIVIL PROCEDURE

(SCRU-11-0000051)

Adopted and Promulgated by

the Supreme Court

of the State of Hawaiʻi

As amended April 7, 1980

With Amendments as Noted

The Judiciary

State of Hawaiʻi

HAWAIʻI RULES OF CIVIL PROCEDURE

I. SCOPE OF RULES -- ONE FORM OF ACTION

EFFECT OF ELECTRONIC FILING; AUTOMATION

(a) Scope of Rules

(b) Interpretation and enforcement of rules

(c) Effect of Hawaiʻi Electronic Filing and Service Rules

(d) Effect of automation on processes and procedures

(e) Definitions

II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS,

PLEADINGS, MOTIONS AND ORDERS

TRANSFERS FROM DISTRICT COURT

(a) Civil information sheet

(b) Additional claims information sheet

(c) Cases transferred from district court

(a) Summons: Issuance

(b) Same: Form

(c) Same: By whom served

(d) Same: Personal service

(e) Same: Other service

(f) Territorial limits of effective 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) Deleted

(d) For motions; affidavits

(e) Additional time after service by mail

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) Fraud, mistake, condition of the mind

(c) Conditions precedent

(d) Official document or act

(e) Judgment

(f) Time and place

(g) Special damage

(a) Caption; names of parties

(b) Paragraphs; separate statements

(c) Adoption by reference; exhibits

REPRESENTATIONS TO THE COURT; SANCTIONS

(a) Signature

(b) Representations to court

(c) Sanctions

(1) How initiated

(A) By Motion

(B) On Court's Initiative

(2) Nature of sanction; limitations

(3) Order

(d) Inapplicability to discovery

(a) Limited Appearance of Attorneys

(b) Termination of Limited Representation

(c) Pleading Prepared for Unrepresented Party

PRESENTED – BY 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 defendant may bring in third-party

(b) When plaintiff may bring in third-party

(a) Amendments before trial

(1) Amending as a matter of course

(2) Other amendments

(3) Time to respond

(b) Amendments during and after trial

(1) For issues tried by consent

(2) Based on objection at trial

(c) Relation back of amendments

(d) Supplemental pleadings

(a) Pretrial conferences; objectives

(b) Scheduling and planning

(1) Issuing order

(2) Time to issue

(3) Contents of the scheduling order

(a) Required contents

(b) Permitted contents

(4) Scheduling conference

(5) Modifying a schedule

(c) Subjects for consideration at pretrial conferences

(d) Final pretrial conference

(e) Pretrial orders

(f) Sanctions

BASED ON CASE CHARACTERISTICS; DISCOVERY

LIMITATIONS; TRIAL SETTING

(a) Assignment of case to expedited track

(b) Exempt actions

(c) Limitations on discovery in expedited track cases

(d) Trial setting for expedited track and non-expedited track cases

CALL

(a) Telephonic or videoconferencing call allowed

(b) Telephonic or videoconferencing call not allowed

(c) Arranging telephonic or videoconferencing call

IV. PARTIES

(a) Real party in interest

(b) Reserved

(c) Infants or incompetent persons

(d) Unidentified defendant

(a) Joinder of claims

(b) Joinder of remedies; fraudulent conveyances

(a) Persons to be joined if feasible

(b) Determination by court whenever joinder not feasible

(c) Pleading reasons for nonjoinder

(d) Exception of class actions

(a) Permissive joinder

(b) Separate trials

(a) Prerequisites to a class action

(b) Class actions maintainable

(c) Determination by order whether class action to be maintained;

notice; judgment; actions conducted partially as class actions

(d) Orders in conduct of actions

(e) Dismissal or compromise

(f) Distribution

(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

COUNSEL

V. DEPOSITIONS AND DISCOVERY

(a) Required disclosures

(1) Initial disclosure

(2) Expert disclosures

(A) Expert witnesses who must provide a written report

(B) Expert witnesses who are not required to provide a

written report

(C) Time to disclose expert testimony

(3) Supplementing disclosures

(b) Discovery scope and limits

(1) In general

(2) Limitations

(3) Insurance agreements

(4) Trial preparation: Materials

(5) Trial preparation: Experts

(c) Protective Orders

(d) Timing and Sequence of Discovery

(1) Timing

(2) Sequence

(e) Supplementation of Responses

(f) Conference of the parties; planning for discovery

(1) Conference timing

(2) Conference content; parties’ responsibilities

(3) Discovery plan

(g) Discovery Conference

(h) 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, Electronically Stored

Information, and Tangible 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

INFORMATION AND TANGIBLE THINGS AND ENTRY UPON

LAND FOR INSPECTION AND OTHER PURPOSES

(a) Scope

(b) Procedure

(c) Persons Not Parties

(d) Requests for Production of Documents or Electronically

Stored Information

(a) Order for Examination

(b) Report of Examiner

(a) Request for Admission

(b) Effect of Admission

SANCTIONS

(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

(f) Failure to Preserve Electronically Stored Information

VI. TRIALS

(a) Right preserved

(b) Demand

(c) Same: Specification of issues

(d) Waiver

(a) By jury

(b) By the court.

(c) Advisory jury and trial by consent.

(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

THEREOF PURSUANT TO RULES 41(a)(1)(A), 41(a)(1)(B),

AND/OR 41(c) OF THE HAWAIʻI RULES OF CIVIL PROCEDURE

(a) Presentation of notices of and stipulations for dismissal

(b) Information required in notices of and stipulations for dismissal

(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) 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

(d) Subpoena for taking depositions; place of examination

(e) Duties in responding to subpoena

(f) Contempt

(a) Conduct of jury selection

(b) Alternate jurors

(c) Questioning by jury

(d) Note taking by jurors

(e) Excuse

(a) Special verdicts

(b) General verdict accompanied by answer to interrogatories

ALTERNATIVE MOTION FOR NEW TRIAL; CONDITIONAL

RULINGS

(a) Judgment as a matter of law

(b) Renewing motion for judgment after trial; alternative motion for new

trial

(c) Granting renewed motion for judgment as a matter of law;

conditional rulings; new trial motion

(d) Same: Denial of motion for judgment as a matter of law

(a) Pre-instruction

(b) Requests

(c) Settlement

(d) Court's instructions

(e) Oral comment

(f) Instructions and objections

(a) Effect

(b) Amendment

(c) Judgment on partial findings

(a) Appointment and compensation

(b) Reference

(c) Powers

VII. JUDGMENT

(a) Definition; form

(b) Judgment upon multiple claims or involving multiple parties

(c) Demand for judgment

(d) Costs; attorneys' fees

(1) Costs other than attorneys' fees

(2) Attorneys' fees

(a) Entry

(b) Judgment

(1) By the clerk

(2) By the court

(c) Setting aside default

(d) Plaintiffs, counterclaimants, cross- claimants

(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; further testimony; defense required

(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 court's initiative; notice; specifying grounds

(e) Motion to alter or amend judgment

(a) Clerical mistakes

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

evidence; fraud, etc.

(a) Automatic stay; exceptions - Injunctions, receiverships, and

accountings

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

(c) Injunction 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) Stay of judgment as to multiple claims or multiple parties

VIII. PROVISIONAL AND FINAL REMEDIES

AND SPECIAL PROCEEDINGS

(a) Preliminary injunction

(1) Notice

(2) Consolidation of hearing with trial on merits

(b) Temporary restraining order; notice; hearing; duration

(c) Security

(d) Form and scope of injunction or restraining order

(e) Civil defense and emergency act cases

PARTIES

IX. APPEAL

(a) How taken

(b) Time

(c) Service

(d) Record on appeal

(1) Designation

(2) Counter designation

(e) Statement of case

(f) Briefs; oral argument

(1) Briefs; Deadlines

(2) Requirements

(3) Oral argument

(g) Trial by jury

(h) Costs

(i) Stay

(j) Reserved

(k) Judgment

X. CIRCUIT COURTS AND CLERKS

(a) Circuit 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

THEREIN

(a) Civil docket

(b) Civil judgments and orders

(c) Indices; calendars

(d) Other books and records of the clerk

(a) Reserved

(b) Reserved

(c) Stenographic report or transcript as evidence

XI. GENERAL PROVISIONS

(a) To what proceedings not applicable

(b) Other proceedings

(c) Jury trial in probate proceedings

(d) Jury trial in land court proceedings

(e) Other appeals to circuit court

(f) Appeals

(g) Depositions and discovery

(h) Order of court

(i) Applicability in general

(j) References to incompetent person

APPENDIX OF FORMS

Definitely Whether the Person Responsible Is C. D. or E. F. or

Whether Both Are Responsible and Where His Evidence May Justify

a Finding of Willfulness or of Recklessness or of Negligence

Conveyance Under Rule 18(b)

or Lack of Service of Process

Interpleader

or Body to the Circuit Court Under Rule 72(a)

Circuit Court

Appeal to the Circuit Court

the Notice of Appeal to the Circuit Court

Circuit Court

I. SCOPE OF RULES --

ONE FORM OF ACTION