hrcp

HAWAI#I RULES

OF CIVIL PROCEDURE

(SCRU-11-0000051)

Adopted and Promulgated by

the Supreme Court

of the State of Hawai‘i

As amended April 7, 1980

Effective April 7, 1980

With Amendments as Noted

The Judiciary

State of Hawai‘i

HAWAI‘I RULES OF CIVIL PROCEDURE

Table of Contents

I. SCOPE OF RULES -- ONE FORM OF ACTION

Rule 1. SCOPE OF RULES; INTERPRETATION AND ENFORCEMENT;

EFFECT OF ELECTRONIC FILING; AUTOMATION

(a) Scope of Rules

(b) Interpretation and enforcement of rules

(c) Effect of Hawai‘i Electronic Filing and Service Rules

(d) Effect of automation on processes and procedures

(e) Definitions

Rule 1.1. REGISTRATION REQUIRED

Rule 2. ONE FORM OF ACTION

II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS,

PLEADINGS, MOTIONS AND ORDERS

Rule 3. COMMENCEMENT OF ACTION

Rule 3.1. CIVIL INFORMATION SHEET; ADDITIONAL CLAIMS; AND

TRANSFERS FROM DISTRICT COURT

(a) Civil information sheet

(b) Additional claims information sheet

(c) Cases transferred from district court

Rule 4. PROCESS

(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

(Release: 12/21)

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Table of Contents HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(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

Rule 6. TIMES

(a) Computation

(b) Enlargement

(c) Deleted

(d) For motions; affidavits

(e) Additional time after service by mail

III. PLEADINGS AND MOTIONS

Rule 7. PLEADINGS ALLOWED; FORM OF MOTIONS

(a) Pleadings

(b) Motions and other papers

(c) Demurrers, pleas, etc., abolished

Rule 8. GENERAL RULES OF PLEADING

(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

Rule 9. PLEADING SPECIAL MATTERS

(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

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HAWAI‘I RULES OF CIVIL PROCEDURE Table of Contents

Rule 10. FORM OF PLEADINGS

(a) Caption; names of parties

(b) Paragraphs; separate statements

(c) Adoption by reference; exhibits

Rule 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS;

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

Rule 11.1. LIMITED APPEARANCE AND WITHDRAWAL

(a) Limited Appearance of Attorneys

(b) Termination of Limited Representation

(c) Pleading Prepared for Unrepresented Party

Rule 12. DEFENSES AND OBJECTIONS -- WHEN AND HOW 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

Rule 13. COUNTERCLAIM AND CROSS-CLAIM

(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

(Release: 12/21)

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Rule 14. THIRD-PARTY PRACTICE

(a) When defendant may bring in third- party

(b) When plaintiff may bring in third party

Rule 15. AMENDED AND SUPPLEMENTAL PLEADINGS

(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

Rule 16. PRE-TRIAL CONFERENCES; SCHEDULING; MANAGEMENT

(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

Rule 16.1. EXPEDITED OR NON-EXPEDITED TRACK ASSIGNMENT

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

Rule 16.2. APPEARANCE BY TELEPHONIC OR VIDEOCONFERENCE CALL

(a) Telephonic or videoconferencing call presumptively allowed

(b) Telephonic or videoconferencing call presumptively not allowed

(c) Arranging telephonic or video conferencing call

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HAWAI‘I RULES OF CIVIL PROCEDURE Table of Contents

IV. PARTIES

Rule 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY

(a) Real party in interest

(b) Reserved

(c) Infants or incompetent persons

(d) Unidentified defendant

Rule 18. JOINDER OF CLAIMS AND REMEDIES

(a) Joinder of claims

(b) Joinder of remedies; fraudulent conveyances

Rule 19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION

(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

Rule 20. PERMISSIVE JOINDER OF PARTIES

(a) Permissive joinder

(b) Separate trials

Rule 21. MISJOINDER AND NONJOINDER OF PARTIES

Rule 22. INTERPLEADER

Rule 23. CLASS ACTIONS

(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

Rule 23.1. DERIVATIVE ACTIONS BY SHAREHOLDERS

Rule 23.2. ACTIONS RELATING TO UNINCORPORATED

ASSOCIATIONS

(Release: 12/21)

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Table of Contents HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 24. INTERVENTION

(a) Intervention of right

(b) Permissive intervention

(c) Procedure

(d) Notice of Claim of Unconstitutionality

Rule 25. SUBSTITUTION OF PARTIES

(a) Death

(b) Incompetency

(c) Transfer of interest

(d) Public officers; death or separation from office

Rule 25.1. WITHDRAWAL, SUBSTITUTION, AND APPEARANCE OF COUNSEL

V. DEPOSITIONS AND DISCOVERY

Rule 26. GENERAL PROVISIONS GOVERNING 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

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HAWAI‘I RULES OF CIVIL PROCEDURE Table of Contents

Rule 27. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

(a) Before Action

(1) Petition

(2) Notice and Service

(3) Order and Examination

(4) Use of Deposition

(b) Pending Appeal

(c) Perpetuation by Action

Rule 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

(a) Within the United States

(b) In Foreign Countries

(c) Disqualification for Interest

Rule 29. STIPULATIONS REGARDING DISCOVERY PROCEDURE

Rule 30. DEPOSITIONS UPON ORAL EXAMINATION

(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

Rule 31. DEPOSITIONS UPON WRITTEN QUESTIONS

(a) Serving Questions; Notice

(b) Officer to Take Responses and Prepare Record

(c) Notice of Filing

Rule 32. USE OF DEPOSITIONS IN COURT PROCEEDINGS

(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

(Release: 12/21)

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Rule 33. INTERROGATORIES TO PARTIES

(a) Availability

(b) Answers and Objections

(c) Scope; Use at Trial

(d) Option to Produce Business Records

Rule 34. PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED

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

Rule 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS

(a) Order for Examination

(b) Report of Examiner

Rule 36. REQUESTS FOR ADMISSION

(a) Request for Admission

(b) Effect of Admission

Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; 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

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HAWAI‘I RULES OF CIVIL PROCEDURE Table of Contents

VI. TRIALS

Rule 38. JURY TRIAL OF RIGHT

(a) Right preserved

(b) Demand

(c) Same: Specification of issues

(d) Waiver

Rule 39. TRIAL BY JURY OR BY THE COURT

(a) By jury

(b) By the court.

(c) Advisory jury and trial by consent.

Rule 40. ASSIGNMENT OF CASES FOR TRIAL

Rule 41. DISMISSAL OF ACTIONS

(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

Rule 41.1. DOCUMENTS DISMISSING AN ACTION OR ANY PART THEREOF

PURSUANT TO RULES 41(a)(1)(A), 41(a)(1)(B), AND/OR 41(c) OF THE

HAWAI‘I RULES OF CIVIL PROCEDURE

(a) Presentation of notices of and stipulations for dismissal

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

Rule 42. CONSOLIDATION; SEPARATE TRIALS

(a) Consolidation

(b) Separate trials

Rule 43. TAKING OF TESTIMONY

(a) Form

(b) Presentation of expert testimony

(c) Record of excluded evidence

(d) Affirmation in lieu of oath

(e) Evidence on motions

(f) Interpreters

(Release: 12/21)

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Table of Contents HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 44. PROOF OF OFFICIAL RECORD

(a) Authentication

(1) Domestic

(2) Foreign

(b) Lack of record

(c) Other proof

Rule 44.1. DETERMINATION OF FOREIGN LAW

Rule 45. SUBPOENA

(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

Rule 46. EXCEPTIONS UNNECESSARY

Rule 47. JURORS

(a) Conduct of jury selection

(b) Alternate jurors

(c) Questioning by jury

(d) Note taking by jurors

(e) Excuse

Rule 48. JURIES OF LESS THAN TWELVE -- MAJORITY VERDICT

Rule 49. SPECIAL VERDICTS AND INTERROGATORIES

(a) Special verdicts

(b) General verdict accompanied by answer to interrogatories

Rule 50. JUDGMENT AS A MATTER OF LAW IN JURY TRIALS; 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

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HAWAI‘I RULES OF CIVIL PROCEDURE Table of Contents

Rule 51. INSTRUCTIONS TO JURY

(a) Pre-instruction

(b) Requests

(c) Settlement

(d) Court's instructions

(e) Oral comment

(f) Instructions and objections

Rule 52. FINDINGS BY THE COURT

(a) Effect

(b) Amendment

(c) Judgment on partial findings

Rule 53. MASTERS

(a) Appointment and compensation

(b) Reference

(c) Powers

VII. JUDGMENT

Rule 54. JUDGMENTS; COSTS; ATTORNEYS' FEES

(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

Rule 55. DEFAULT

(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.

(Release: 12/21)

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Table of Contents HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 56. SUMMARY JUDGMENT

(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

Rule 57. DECLARATORY JUDGMENTS

Rule 58. ENTRY OF JUDGMENT

Rule 59. NEW TRIALS; AMENDMENT OF JUDGMENTS

(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

Rule 60. RELIEF FROM JUDGMENT OR ORDER

(a) Clerical mistakes

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

evidence; fraud, etc.

Rule 61. HARMLESS ERROR

Rule 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

(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

Rule 63. INABILITY OF A JUDGE TO PROCEED

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HAWAI‘I RULES OF CIVIL PROCEDURE Table of Contents

VIII. PROVISIONAL AND FINAL REMEDIES

AND SPECIAL PROCEEDINGS

Rule 64. SEIZURE OF PERSON OR PROPERTY

Rule 65. INJUNCTIONS

(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

Rule 65.1. SECURITY: PROCEEDINGS AGAINST SURETIES

Rule 66. RECEIVERS APPOINTED BY COURTS

Rule 67. DEPOSIT IN COURT

Rule 68. OFFER OF SETTLEMENT OR JUDGMENT

Rule 69. EXECUTION

Rule 70. JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE

Rule 71. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES

IX. APPEAL

Rule 72. APPEAL TO A CIRCUIT COURT

(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

(Release: 12/21)

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Table of Contents HAWAI‘I RULES OF CIVIL PROCEDURE

(i) Stay

(j) Reserved

(k) Judgment

Rule 73. to 76. DELETED

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

(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

Rule 77. CIRCUIT COURTS AND CLERKS

Rule 78. MOTION DAY

Rule 79. BOOKS AND RECORDS KEPT BY THE CLERK AND ENTRIES THEREIN

Rule 80. STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE

Rule 81. APPLICABILITY

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(Release: 12/21)

Rule 81.1. MANDAMUS

Rule 82. JURISDICTION AND VENUE UNAFFECTED

Rule 83. RULES BY CIRCUIT COURTS

Rule 85. TITLE

Rule 86. RESERVED

Rule 84. FORMS

HAWAI‘I RULES OF CIVIL PROCEDURE Table of Contents

(Release: 12/21)

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Appendix of Forms HAWAI‘I RULES OF CIVIL PROCEDURE

APPENDIX OF FORMS

Form 1. Summons

Form 1-A. Publication of Summons

Form 2. Reserved

Form 2-A. Civil Information Sheet

Form 2-B. Additional Claims Information Sheet

Form 3. Complaint on a Promissory Note

Form 4. Complaint on an Account

Form 5. Complaint for Goods Sold and Delivered

Form 6. Complaint for Money Lent

Form 7. Complaint for Money Paid by Mistake

Form 8. Complaint for Money Had and Received

Form 9. Complaint for Negligence

Form 10. Complaint for Negligence Where Plaintiff Is Unable to

Determine 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 Wilfulness or of

Recklessness or of Negligence

Form 11. Complaint for Conversion

Form 12. Complaint for Specific Performance of Contract to Convey Land

Form 13. Complaint on Claim for Debt and to Set Aside

Fraudulent Conveyance Under Rule 18(b)

Form 14. Reserved

Form 15. Reserved

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(Release: 12/21)

Form 16. Reserved

Form 17. Reserved

Form 18. Complaint for Interpleader and Declaratory Relief.

Form 19. Motion to Dismiss, Presenting Defenses of Failure to

State a Claim or Lack of Service of Process

Form 20. Answer Presenting Defenses Under Rule 12(b)

Form 21. Answer to Complaint Set Forth in Form 8, With

Counterclaim for Interpleader

Form 22. Replaced

Form 22-A. Summons and Complaint Against Third-Party Defendant

Form 22-B. Motion to Bring in Third-Party Defendant

Form 23. Motion to Intervene as a Defendant Under Rule 24

Form 24. Request for Production of Documents, etc., Under Rule

34

Form 25. Request for Admissions Under Rule 36

Form 26. Allegation of Reason for Omitting Party

Form 27. Deleted

Form 28. Reserved

Form 29. Notice of Appeal From Decision or Order of

Governmental Official or Body to the Circuit Court

Under Rule 72(a)

Form 29-A. Statement of the Case to Accompany the Notice of Appeal to the

Circuit Court

Form 29-B. Designation of Record on Appeal to Accompany the Notice of

Appeal to the Circuit Court

HAWAI‘I RULES OF CIVIL PROCEDURE Appendix of Forms

(Release: 12/21)

xvii

Form 36. Joint Report of Parties (effective 1/1/2022)

Form 35. Certificate of Service (effective 1/1/2022)

Form 34. [Proposed] Order Setting Scheduling Conference (effective 1/1/2022)

Form 33. Notice of Request for Scheduling Conference (effective 1/1/2022)

Form 32-C. Objection to Withdrawal of Limited Appearance

Form 32-B. Notice of Withdrawal of Limited Appearance

Form 32-A. Notice of Limited Appearance

Form 32. Agreement and Consent to Limited Representation

Form 31. Garnishee Summons and Order

Form 30. Suggestion of Death Upon the Record Under Rule

25(a)(1)

Form 29-D. Certificate of Service to Accompany the Notice of Appeal to the

Circuit Court

Form 29-C. Order for Certification and Transmission of Record to Accompany

the Notice of Appeal to the Circuit Court

Appendix of Forms HAWAI‘I RULES OF CIVIL PROCEDURE

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II. COMMENCEMENT OF ACTION:

SERVICE OF PROCESS, PLEADINGS,

MOTIONS AND ORDERS

HAWAI#I RULES OF CIVIL PROCEDURE Rule 3.1

I. SCOPE OF RULES --

ONE FORM OF ACTION

Rule 1. SCOPE OF RULES;

INTERPRETATION AND

ENFORCEMENT; EFFECT OF

ELECTRONIC FILI

NG;

AUTOMATION.

(a) Scope of rule

s. These Rules govern the

procedure in the circuit courts of the State in all suits

of a civil nature whether cognizable as cases at law or

in equity, with the exceptions stated in Rule 81 of

these Rules. They shall be construed and

administered to secure the just, speedy, and

inexpensive determination of every action.

(b) Interpretation and enforcement of rules.

These Rules shall be read and construed with

reference to each other, the Hawai#i Electronic Filing

and Serv

ice Rules, the Hawai#i Court Records Rules,

and the Rules of the Circuit Courts of the State of

Hawai#i.

(c) Effe

ct of Hawai#i Electronic Filing and

Service

Rules. Documents filed and notices given in

accordance with the Hawai#i Electronic Filing and

Service Rules shall be deemed to comply with the

filing, mailing, certified mailing, notice and service

requirements of any part of these Rules.

(d) Effec

t of automation on processes and

procedures. Duties set out in these Rules may be

performed by automation.

(e) Definitions. See Rule 1 of the Hawai#i

Electronic Filing and Service Rules for definitions.

(Amended December 7, 1999, effective January

1, 2000; further amended October 31, 2019, effective

nunc pro tunc October 28, 2019.)

Rule 1.1. REGISTRATION REQUIRED.

As provided by Rule 4 of the Hawai#i Electronic

Filing a

nd Service Rules, unless exempted by the

court, each attorney representing a party to a case

maintained in the Judiciary Information Management

System (JIMS) shall register as a Judiciary Electronic

Filing and Service System (JEFS) User and shall file

all documents electronically. An unrepresented party

may reg

ister as a JEFS User for the case in which the

unrepresented party is an individual party.

(Added October 31, 2019, effective nunc pro tunc

October 28, 2019.)

Rule 2. ONE FORM OF ACTION.

There shall be one form of action to be known as

"civil action".

Rule 3. COMMENCEMENT OF ACTION.

A civil action is commenced by filing a

complaint with the court.

Rule 3.1. CIVIL INFORMATION SHEET;

ADDITIONAL CLAIMS; AND

TRANSFERS FROM DI

STRICT

COURT.

(a) Civil infor

mation sheet. Any initial civil

complaint filed pursuant to Rule 3 of the Hawai#i

Rules of

Civil Procedure shall be accompanied by a

civil information sheet that substantially complies

with Form 2-A of the Appendix of Forms and shall

be completed in full. The civil information sheet

shall be filed upon the filing of the complaint.

(b) Additional c

laims information sheet. Any

affirmative pleading filed after the initial complaint

is filed shall be accompanied by an additional claims

information sheet that substantially complies with

Form 2-B of the Appendix of Forms and shall be

completed in full. The additional claims information

sheet shall be filed upon the filing of any affirmative

pleading.

(c) Cases transferred from district court.

A civil information sheet shall be submitted for

a civil case transferred from the district court to the

circuit court. Within 7 days after filing of the notice

of docketing, the plaintiff shall file the civil

information sheet.

(Added August 26, 2011, effective January 1,

2012; further amended October 31, 2019, effective

nunc pro tunc October 28, 2019.)

(Release: 12/21) HRCP--1

Rule 4 HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 4. PROCESS.

(a) Summons: Issuance. Upon the filing of the

complaint the clerk shall forthwith issue a summons.

Plaintiff shall deliver the complaint and summons

for service to a person authorized to serve process.

Upon request of the plaintiff separate or additional

summons shall issue against any defendants.

(b) Same: Form. The summons shall

(1) be signed by the clerk, under the seal of the

court,

(2) contain the name of the court, the names of

the parties, and the date when issued,

(3) be directed to the defendant,

(4) state the name and address of the plaintiff's

attorney, if any, otherwise the plaintiff's address,

(5) state the time within which these rules

require the defendant to appear and defend, and shall

notify the defendant that in case of defendant's failure

to do so judgment by default will be rendered against

the defendant for the relief demanded in the

complaint,

(6) contain a prohibition against personal

delivery of the summons between 10:00 p.m. and

6:00 a.m. on premises not open to the public, unless

a judge of the district or circuit courts permits, in

writing on the summons, personal delivery during

those hours, and

(7) contain a warning to the person summoned

that failure to obey the summons may result in an

entry of default and default judgment.

When, under Rule 4(e), service is made pursuant

to a statute or rule of court, the summons, or notice,

or order in lieu of summons, shall correspond as

nearly as may be to that required by the statute or

rule.

(c) Same: By whom served. Service of all

process shall be made: (1) anywhere in the State by

the sheriff or the sheriff's deputy, by some other

person specially appointed by the court for that

purpose, or by any person who is not a party and is

not less than 18 years of age; or (2) in any county by

the chief of police or the chief's duly authorized

subordinate. A subpoena, however, may be served as

provided in Rule 45.

(d) Same: Personal service. The summons and

complaint shall be served together. The plaintiff shall

furnish the person making service with such copies as

are necessary. Service shall be made as follows:

(1) Upon an individual other than an infant or an

incompetent person, (A) by delivering a copy of the

summons and of the complaint to the individual

personally or in case the individual cannot be found

by leaving copies thereof at the individual's dwelling

house or usual place of abode with some person of

suitable age and discretion then residing therein or

(B) by delivering a copy of the summons and of the

complaint to an agent authorized by appointment or

by law to receive service of process.

(2) Upon an infant, by delivering a copy of the

summons and of the complaint personally (A) to the

guardian of the infant's property or if there is no

guardian of the infant's property or service cannot be

made upon such guardian then as provided by order

of the court and (B) if the infant be of the age of 16

years or over, also to the infant; and upon an

incompetent person, by delivering a copy of the

summons and of the complaint personally (A) to the

guardian of the incompetent's property, or if the

incompetent is living in an institution then to the

director or chief executive officer of the institution,

or if service cannot be made upon either of them,

then as provided by order of the court, and (B) unless

the court otherwise orders, also to the incompetent

person.

(3) Upon a domestic or foreign corporation or

upon a partnership or other unincorporated

association which is subject to suit under a common

name, by delivering a copy of the summons and of

the complaint to an officer, a managing or general

agent, or to any other agent authorized by

appointment or by law to receive service of process

and, if the agent is one authorized by statute to

receive service and the statute so requires, by also

mailing a copy to the defendant.

(4) Upon the State by delivering a copy of the

summons and of the complaint to the attorney general

of the State or to the assistant attorney general or to

any deputy attorney general who has been appointed

by the attorney general.

HRCP--2 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 5

(5) Upon an officer or agency of the State by

serving the State and by delivering a copy of the

summons and of the complaint to such officer or

agency. If the agency is a corporation, the copies

shall be delivered as provided in paragraph (3) of this

subdivision of this rule.

(6) Upon a county, as provided by statute or the

county charter, or by delivering a copy of the

summons and of the complaint to the corporation

counsel or county attorney or any of his or her

deputies.

(7) Upon an officer or agency of a county, by

serving the county and by delivering a copy of the

summons and of the complaint to such officer or

agency. If the agency is a corporation the copies shall

be delivered as provided in paragraph (3) of this

subdivision of this rule.

(8) Upon a defendant of any class referred to in

paragraph (1) or (3) of this subdivision of this rule, it

is also sufficient if the summons and complaint are

served in the manner prescribed by any statute.

(e) Same: Other service. Whenever a statute or

an order of court provides for service upon a party

not an inhabitant of or found within the State, of a

summons, or of a notice, or of an order in lieu of

summons, service shall be made under the

circumstances and in the manner prescribed by the

statute or order. Whenever a statute or an order of

court requires or permits service by publication of a

summons, or of a notice, or of an order in lieu of

summons, any publication pursuant thereto shall be

made under the circumstances and in the manner

prescribed by the statute or order. The publication of

summons pursuant to Hawai‘i Revised Statutes

§§

634-23, 634-26, and 634-36, shall not include the

case caption and shall be in a form that substantially

complies with Form 1-A of the Appendix of Forms.

(f

) Territorial limits of effective service. All

process may be served anywhere within the State

and, when a statute or order so provides, beyond the

limits of the State.

(g) Return. The person serving the process shall

make proof of service thereof to the court promptly

and in any event within the time during which the

person served must respond to process. When service

is made by any person specially appointed by the

court, that person shall make affidavit of such

service.

(h) Amendment. At any time in its discretion

and upon such terms as it deems just, the court may

allow any process or proof of service thereof to be

amended unless it clearly appears that material

prejudice would result to the substantial rights of the

party against whom the process issued.

(Amended May 15, 1972, effective July 1, 1972;

further amended September 14, 1993, effective

September 14, 1993; further amended May 12, 1995,

effective June 1, 1995; further amended December 7,

1999, effective January 1, 2000; further amended

April 25, 2003, effective July 1, 2003; further

amended August 26, 2011, effective January 1,

2012.)

Rule 5. SERVICE AND FILING OF

PLEADINGS AND OTHER PAPERS.

(a) Service: When required. Every order

required by its terms to be served, every pleading

subsequent to the original complaint unless the court

otherwise orders because of numerous defendants,

every paper relating to discovery required to be

served upon a party unless the court otherwise orders,

every written motion other than one which may be

heard ex parte, and every written notice, appearance,

demand, brief or memorandum of law, offer of

judgment, bill of costs, designation of record on

appeal, and similar paper shall be served upon each

of the parties, but no service need be made on parties

in default for failure to appear, except that pleadings

asserting new or additional claims for relief against

them shall be served upon them in the manner

provided for service of summons in Rule 4 of these

Rules.

(b) Same: How made. Whenever under these

Rules service is required or permitted to be made

upon a party represented by an attorney the service

shall be made upon the attorney unless service upon

the party is ordered by the court.

Unless served in accordance with Rule 6 of the

Hawai‘i Electronic Filing and Service Rules,

documents shall be served as follows:

(1) Service upon the attorney or upon a party

shall be made (a) by delivering a copy to the attorney

or party; or (b) by mailing it to the attorney or party

(Release: 12/21) HRCP--3

Rule 5 HAWAI‘I RULES OF CIVIL PROCEDURE

at the attorney's or party's last known address; or (c)

if no address is known, by leaving it with the clerk of

the court.

(2) Delivery of a copy within this Rule means:

handing it to the attorney or to the party; or leaving it

at the attorney's or party's office with a clerk or other

person in charge thereof; or, if there is no one in

charge, leaving it in a conspicuous place therein; or,

if the office is closed or the person to be served has

no office, leaving it at the person's dwelling house or

usual place of abode with some person of suitable age

and discretion then residing therein.

(3) Service by mail or through JEFS or JIMS is

complete upon mailing or electronic transmission of

the Notice of Electronic Filing, respectively.

(c) Same: Numerous defendants. In any action

in which there are unusually large numbers of

defendants, the court, upon motion or of its own

initiative, may order that service of the pleadings of

the defendants and replies thereto need not be made

as between the defendants and that any cross-claim,

counterclaim, or matter constituting an avoidance or

affirmative defense contained therein shall be deemed

to be denied or avoided by all other parties and that

the filing of any such pleading and service thereof

upon the plaintiff constitutes due notice of it to the

parties. A copy of every such order shall be served

upon the parties in such manner and form as the court

directs.

(d) Filing. Except as provided in subdivision (f)

of this Rule, if served conventionally upon a non-

JEFS User, all papers after the complaint required to

be served upon a party, together with a certificate of

service, shall be filed with the court either before

service or within a reasonable time after service. All

documents filed with the court shall be previously or

contemporaneously served on all parties to the action,

either electronically through JEFS or, for non-JEFS

Users, conventionally, except as permitted in

subdivision (a) above.

(e) Filing with the court defined. The filing of

pleadings and other papers with the court as required

by these Rules shall be made by filing them with the

clerk of the court, except that the judge may permit

the papers to be filed with the judge, in which event

the judge shall note thereon the filing date and

forthwith transmit them to the office of the clerk.

Any other rule to the contrary notwithstanding, the

clerk shall not refuse to accept for filing any paper

presented for that purpose solely because it is not

presented in proper form as required by these Rules.

(f) Nonfiling of discovery materials. A

deposition, interrogatory, request for discovery

production or inspection, request for documents,

request for admissions, and answers and responses

thereto shall not be filed automatically with the court;

provided that on a motion or at trial any such

document shall be filed when offered in evidence or

submitted as an exhibit. In addition the court may at

any time, on ex parte request or sua sponte, order the

filing of any discovery material.

(Amended May 15, 1972, effective July 1, 1972;

further amended March 16, 1984, partly effective

March 16, 1984; fully effective May 1, 1984; further

amended June 23, 1997 and July 2, 1997, effective

August 1, 1997; further amended December 7, 1999,

effective January 1, 2000; further amended October

31, 2019, effective nunc pro tunc October 28, 2019.)

Rule 6. TIMES.

(a) Computation. In computing any period of

time prescribed or allowed by these rules, by order of

court, or by any applicable statute, the day of the act,

event, or default after which the designated period of

time begins to run shall not be included. The last day

of the period so computed shall be included unless it

is a Saturday, a Sunday or a holiday, in which event

the period runs until the end of the next day which is

not a Saturday, a Sunday or a holiday. When the

period of time prescribed or allowed is less than 7

days, intermediate Saturdays, Sundays and holidays

shall be excluded in the computation. As used in this

rule, "holiday" includes any day designated as such

pursuant to section 8-1 of the Hawai‘i Revised

St

atutes.

(b) Enl

argement. When by these rules or by a

notice given thereunder or by order of court an act is

required or allowed to be done at or within a

specified time, the court for cause shown may at any

time in its discretion (1) with or without motion or

notice order the period enlarged if request therefor is

made before the expiration of the period originally

prescribed or as extended by a previous order or (2)

upon motion made after the expiration of the

specified period permit the act to be done where the

failure to act was the result of excusable neglect; but

it may not extend the time for taking any action under

Rules 50(b) 52(b), 59(b), (d) and (e) and 60(b) of

HRCP--4 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 8

these rules and Rule 4(a) of the Hawai‘i Rules of

Appellate Procedure, except to the extent and under

the conditions stated in them.

(c) Deleted.

(d) For motions; affidavits. A written motion,

other than one that may be heard ex parte, and notice

of the hearing thereof, shall be served not less than 18

days before the date fixed for the hearing, unless a

different period is fixed by these rules or by order of

the court. Such an order may for cause shown be

made on ex parte application. When a motion is

supported by affidavit, the affidavit shall be served

with the motion; and, except as otherwise provided in

Rule 59(c), opposing affidavits may be served not

less than 8 days before the date set for the hearing,

unless the court permits them to be served at some

other time.

(e) Additional time after service by mail.

Whenever a party has the right or is required to do

some act or take some proceedings within a

prescribed period after the service of a notice or other

paper upon him and the notice or paper is served

upon him by mail, 2 days shall be added to the

prescribed period.

(Amended May 15, 1972, effective July 1, 1972,

further amended June 29, 1973, effective July 2,

1973, further amended June 22, 1983, effective July

1, 1983, further amended April 23, 1985, effective

April 23, 1985; further amended July 26, 1990,

effective September 1, 1990; further amended

September 11, 1996, effective January 1, 1997;

further amended May 15, 1997, effective June 2,

1997; further amended December 7, 1999, effective

January 1, 2000.)

III. PLEADINGS AND MOTIONS

Rule 7. PLEADINGS ALLOWED; FORM

OF MOTIONS.

(a) Pleadings. There shall be a complaint and an

answer; a reply to a counterclaim denominated as

such; an answer to a cross-claim, if the answer

contains a cross-claim; a third-party complaint, if a

person who was not an original party is summoned

under the provisions of Rule 14; and a third-party

answer, if a third-party complaint is served. No other

pleading shall be allowed, except that the court may

order a reply to an answer or a third-party answer.

(b) Motions and other papers.

(1) An application to the court for an order shall

be by motion which, unless made during a hearing or

trial, shall be made in writing, shall state with

particularity the grounds therefor, and shall set forth

the relief or order sought. The requirement of writing

is fulfilled if the motion is stated in a written notice

of the hearing of the motion.

(2) The rules applicable to captions, signing, and

other matters of form of pleadings apply to all

motions and other papers provided for by these rules.

(3) All motions shall be signed in accordance

with Rule 11.

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

Demurrers, pleas, and exceptions for insufficiency of

a pleading shall not be used.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 8. GENERAL RULES OF PLEADING.

(a) Claims for relief. A pleading which sets

forth a claim for relief, whether an original claim,

counterclaim, cross-claim, or third-party claim, shall

contain (1) a short and plain statement of the claim

showing that the pleader is entitled to relief, and (2)

a demand for judgment for the relief the pleader

seeks. Relief in the alternative or of several different

types may be demanded.

(b) Defenses; form of denials. A party shall

state in short and plain terms defenses to each claim

asserted and shall admit or deny the averments upon

which the adverse party relies. If a party is without

knowledge or information sufficient to form a belief

as to the truth of an averment, the party shall so state

and this has the effect of a denial. Denials shall fairly

meet the substance of the averments denied. When a

pleader intends in good faith to deny only a part or a

qualification of an averment, the pleader shall specify

so much of it as is true and material and shall deny

only the remainder. Unless the pleader intends in

good faith to controvert all the averments of the

preceding pleading, the pleader may make denials as

specific denials of designated averments or

paragraphs, or may generally deny all the averments

except such designated averments or paragraphs as

the pleader expressly admits; but, when the pleader

does so intend to controvert all its averments, the

(Release: 12/21) HRCP--5

Rule 8 HAWAI‘I RULES OF CIVIL PROCEDURE

pleader may do so by general denial subject to the

obligations set forth in Rule 11.

(c) Affirmative defenses. In pleading to a

preceding pleading, a party shall set forth

affirmatively accord and satisfaction, arbitration and

award, assumption of risk, contributory negligence,

discharge in bankruptcy, duress, estoppel, failure of

consideration, fraud, illegality, injury by fellow

servant, laches, license, payment, release, res

judicata, statute of frauds, statute of limitations,

waiver, and any other matter constituting an

avoidance or affirmative defense. When a party has

mistakenly designated a defense as a counterclaim or

a counterclaim as a defense, the court on terms, if

justice so requires, shall treat the pleading as if there

had been a proper designation.

(d) Effect of failure to deny. Averments in a

pleading to which a responsive pleading is required,

other than those as to the amount of damage, are

admitted when not denied in the responsive pleading.

Averments in a pleading to which no responsive

pleading is required or permitted shall be taken as

denied or avoided.

(e) Pleading to be concise and direct;

consistency.

(1) Each averment of a pleading shall be simple,

concise, and direct. No technical forms of pleading or

motions are required.

(2) A party may set forth two or more statements

of a claim or defense alternatively or hypothetically,

either in one count or defense or in separate counts or

defenses. When two or more statements are made in

the alternative and one of them if made

independently would be sufficient, the pleading is not

made insufficient by the insufficiency of one or more

of the alternative statements. A party may also state

as many separate claims or defenses as the party has

regardless of consistency and whether based on legal

or on equitable grounds or on both. All statements

shall be made subject to the obligations set forth in

Rule 11.

(f) Construction of pleadings. All pleadings

shall be so construed as to do substantial justice.

(Amended December 7, 1999, effective January

1, 2000.)

Rule 9. PLEADING SPECIAL MATTERS.

(a) Capacity. It is not necessary to aver the

capacity of a party to sue or be sued or the authority

of a party to sue or be sued in a representative

capacity or the legal existence of an organized

association of persons that is made a party. When a

party desires to raise an issue as to the legal existence

of any party or the capacity of any party to sue or be

sued or the authority of a party to sue or be sued in a

representative capacity, the party shall do so by

specific negative averment, which shall include such

supporting particulars as are peculiarly within the

pleader's knowledge.

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

all averments of fraud or mistake, the circumstances

constituting fraud or mistake shall be stated with

particularity. Malice, intent, knowledge, and other

condition of mind of a person may be averred

generally.

(c) Conditions precedent. In pleading the

performance or occurrence of conditions precedent,

it is sufficient to aver generally that all conditions

precedent have been performed or have occurred. A

denial of performance or occurrence shall be made

specifically and with particularity.

(d) Official document or act. In pleading an

official document or official act it is sufficient to aver

that the document was issued or the act done in

compliance with law.

(e) Judgment. In pleading a judgment or

decision of a domestic or foreign court, judicial or

quasi judicial tribunal, or of a board or officer, it is

sufficient to aver the judgment or decision without

setting forth matter showing jurisdiction to render it.

(f) Time and place. For the purpose of testing

the sufficiency of a pleading, averments of time and

place are material and shall be considered like all

other averments of material matter.

(g) Special damage. When items of special

damage are claimed, they shall be specifically stated.

(Amended December 7, 1999, effective January

1, 2000.)

HRCP--6 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 11

Rule 10. FORM OF PLEADINGS.

(a) Caption; names of parties. Every pleading

shall contain a caption setting forth the name of the

court, the title of the action, the file number, and a

designation as in Rule 7(a) of these Rules. In the

complaint the title of the action shall include the

names of all the parties, but in other pleadings it is

sufficient to state the name of the first party on each

side with an appropriate indication of other parties.

The first page of the pleadings shall have either a 3-

inch top margin or a 3-inch-by-3-inch space in the

top right corner, to accommodate an electronic file

stamp.

(b) Paragraphs; separate statements. All

averments of claim or defense shall be made in

numbered paragraphs, the contents of each of which

shall be limited as far as practicable to a statement of

a single set of circumstances; and a paragraph may be

referred to by number in all succeeding pleadings.

Each claim founded upon a separate transaction or

occurrence and each defense other than denials shall

be stated in a separate count or defense whenever a

separation facilitates the clear presentation of the

matters set forth.

(c) Adoption by reference; exhibits.

Statements in a pleading may be adopted by

reference in a different part of the same pleading or

in another pleading or in any motion. A copy of any

written instrument which is an exhibit to a pleading

is a part thereof for all purposes.

(Amended October 31, 2019, effective nunc pro

tunc October 28, 2019.)

Rule 11. SIGNING OF PLEADINGS,

MOTIONS, AND OTHER PAPERS;

REPRESENTATIONS TO THE

COURT; SANCTIONS.

(a) Signature. Every pleading, written motion,

and other paper shall be signed by at least one

attorney of record in the attorney's individual name,

or, if the party is unrepresented, shall be signed by

the party. Documents filed through JEFS or JIMS

shall be signed as provided by Rule 5 of the Hawai‘i

El

ectronic Filing and Service Rules. Any document

prepared by an attorney for an unrepresented party

shall comply with Rule 11.1(c) of these Rules. Each

paper shall state the signer's address and telephone

number, if any. Except when otherwise specifically

provided by rule or statute, pleadings need not be

(Release: 12/21)

verified or accompanied by affidavit. An unsigned

paper shall be stricken by the clerk unless omission

of the signature is corrected promptly after being

called to the attention of the attorney or party.

(b) Representations to court. By presenting to

the court (whether by signing, filing, submitting, or

later advocating) a pleading, written motion, or other

paper, an attorney or unrepresented party is certifying

that to the best of the person's knowledge,

information, and belief, formed after an inquiry

reasonable under the circumstances:

(1) it is not being presented for any improper

purpose, such as to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal

contentions therein are warranted by existing law or

by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(3) the allegations and other factual contentions

have evidentiary support or, if specifically so

identified, are likely to have evidentiary support after

a reasonable opportunity for further investigation or

discovery; and

(4) the denials of factual contentions are

warranted on the evidence or, if specifically so

identified, are reasonably based on a lack of

information or belief.

(c) Sanctions. If, after notice and a reasonable

opportunity to respond, the court determines that

subdivision (b) of this Rule has been violated, the

court may, subject to the conditions stated below,

impose an appropriate sanction upon the attorneys,

law firms, or parties that have violated subdivision

(b) of this Rule or are responsible for the violation.

(1) H

OW INITIATED.

(A) By Motion. A motion for sanctions under this

Rule shall be made separately from other motions or

requests and shall describe the specific conduct

alleged to violate subdivision (b) of this Rule. It shall

be served as provided in Rule 5 of these Rules, but

shall not be filed with or presented to the court

unless, within 21 days after service of the motion (or

such other period as the court may prescribe), the

challenged paper, claim, defense, contention,

allegation, or denial is not withdrawn or

appropriately corrected. If warranted, the court may

award to the party prevailing on the motion the

reasonable expenses and attorney's fees incurred in

HRCP--7

Rule 11 HAWAI‘I RULES OF CIVIL PROCEDURE

presenting or opposing the motion. Absent

exceptional circumstances, a law firm shall be held

jointly responsible for violations committed by its

partners, associates, and employees.

(B) On Court's Initiative. On its own initiative,

the court may enter an order describing the specific

conduct that appears to violate subdivision (b) of this

Rule and directing an attorney, law firm, or party to

show cause why it has not violated subdivision (b) of

this Rule with respect thereto.

(2) N

ATURE OF SANCTION; LIMITATIONS. A

sanction imposed for violation of this Rule shall be

limited to what is sufficient to deter repetition of such

conduct or comparable conduct by others similarly

situated. Subject to the limitations in subparagraphs

(A) and (B) of this Rule, the sanction may consist of,

or include, directives of a nonmonetary nature, an

order to pay a penalty into court, or, if imposed on

motion and warranted for effective deterrence, an

order directing payment to the movant of some or all

of the reasonable attorneys' fees and other expenses

incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded

against a represented party for a violation of

subdivision (b)(2) of this Rule.

(B) Monetary sanctions may not be awarded on

the court's initiative unless the court issues its order

to show cause before a voluntary dismissal or

settlement of the claims made by or against the party

which is, or whose attorneys are, to be sanctioned.

(3) O

RDER. When imposing sanctions, the court

shall describe the conduct determined to constitute a

violation of this Rule and explain the basis for the

sanction imposed.

(d) Inapplicability to discovery. Subdivisions

(a) through (c) of this Rule do not apply to

disclosures and discovery requests, responses,

objections, and motions that are subject to the

provisions of Rules 26 through 37 of these Rules.

(Amended July 26, 1990, effective September 1,

1990; further amended December 7, 1999, effective

January 1, 2000; further amended September 17,

2019, effective September 17, 2019; further amended

October 31, 2019, effective nunc pro tunc October

28, 2019.)

Rule 11.1 LIMITED APPEARANCE AND

WITHDRAWAL.

(a) Limited Appearance of Attorneys.

(1) An attorney providing limited representation

to an unrepresented party as authorized by Rule 1.2

of the Hawai‘i Rules of Professional Conduct may

file with the court a “Notice of Limited Appearance,”

appended to these Rules, if the representation will

include appearances in court. The attorney shall use

the form appended to the Rules or a substantially

similar document.

(2) Any attorney who has filed a “Notice of

Limited Appearance” and who seeks to withdraw

prior to the completion of the agreed-upon services

stated in the “Agreement and Consent to Limited

Representation” shall file a motion for withdrawal of

counsel pursuant to Rule 25.1 of these Rules.

(3) An attorney who provides limited

representation that includes a court appearance but

who has elected not to file a “Notice of Limited

Appearance” shall file a motion for withdrawal of

counsel pursuant to Rule 25.1 of these Rules.

HRCP--8 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 12

(4) A client who objects to the withdrawal of the

client’s attorney under this Rule 11.1(b) may file an

“Objection to Withdrawal of Limited Appearance”

using the form appended to these Rules or a

substantially similar document, and a hearing will be

scheduled. The objection shall be filed within 14

days of the date the attorney files the notice of

withdrawal.

(5) In any hearing on a motion for withdrawal of

counsel or an objection to withdrawal of limited

appearance, the court shall consider the terms of any

agreement for limited scope representation.

(c) Pleading Prepared for Unrepresented

Party.

(1) When an attorney, regardless of whether a

formal “Agreement and Consent to Limited

Representation” has been entered into, provides

limited representation to an unrepresented party by

drafting a pleading, written motion, or other paper

intended to be filed with the court, but the attorney

has not agreed to appear in court or otherwise provide

representation regarding that document, the attorney

is not required to disclose the attorney’s name on that

document. However, the first page of the document

must conspicuously contain the following statement,

“This document was prepared with the assistance of

an attorney.” The unrepresented party must comply

with this required disclosure.

If, however, a pleading, motion, or other paper is

prepared by an attorney providing limited

representation under the auspices of a program

sponsored by a nonprofit organization, court, or

government, the pleading, motion or other paper need

not contain this statement.

(2) An attorney who provides limited

representation as described in paragraph (c)(1),

above, shall be deemed to have made the

certifications set forth in Rule 11 of these Rules.

(Added September 17, 2019, effective September

17, 2019.)

Rule 12. DEFENSES AND OBJECTIONS --

WH

EN AND HOW PRESENTED --

BY PLEADING OR MOTION --

MOTION FOR JUDGMENT ON

THE PLEADINGS.

(a) Whe

n presented.

(1) A defendant shall serve an answer within 20

days after being served with the summons and

complaint, except when service is made under Rule

4(c) and a different time is prescribed in an order of

court under a statute or rule of court.

(2) A party served with a pleading stating a

cross-claim against that party shall serve an answer

thereto within 20 days after being served. The

plaintiff shall serve a reply to a counter-claim in the

answer within 20 days after service of the answer or,

if a reply is ordered by the court, within 20 days after

service of the order, unless the order otherwise

directs.

(3) The service of a motion permitted under this

rule alters these periods of time as follows, unless a

different time is fixed by order of the court:

(A) if the court denies the motion or postpones its

disposition until the trial on the merits, the responsive

pleading shall be served within 10 days after notice

of the court's action;

(B) if the court grants a motion for a more

definite statement the responsive pleading shall be

served within 10 days after the service of the more

definite statement.

(b) How presented. Every defense, in law or

fact, to a claim for relief in any pleading, whether a

claim, counterclaim, cross-claim, or third-party

claim, shall be asserted in the responsive pleading

thereto if one is required, except that the following

defenses may at the option of the pleader be made by

motion: (1) lack of jurisdiction over the subject

matter, (2) lack of jurisdiction over the person,

(3) improper venue, (4) insufficiency of process,

(5) insufficiency of service of process, (6) failure to

state a claim upon which relief can be granted,

(7) failure to join a party under Rule 19. A motion

making any of these defenses shall be made before

pleading if a further pleading is permitted. No

defense or objection is waived by being joined with

one or more other defenses or objections in a

responsive pleading or motion. If a pleading sets

forth a claim for relief to which the adverse party is

not required to serve a responsive pleading, the

(Release: 12/21) HRCP--9

Rule 12 HAWAI‘I RULES OF CIVIL PROCEDURE

adverse party may assert at the trial any defense in

law or fact to that claim for relief. If, on a motion

asserting the defense numbered (6) to dismiss for

failure of the pleading to state a claim upon which

relief can be granted, matters outside the pleading are

presented to and not excluded by the court, the

motion shall be treated as one for summary judgment

and disposed of as provided in Rule 56, and all

parties shall be given reasonable opportunity to

present all material made pertinent to such a motion

by Rule 56.

(c) Motion for judgment on the pleadings.

After the pleadings are closed but within such time as

not to delay the trial, any party may move for

judgment on the pleadings. If, on a motion for

judgment on the pleadings, matters outside the

pleadings are presented to and not excluded by the

court, the motion shall be treated as one for summary

judgment and disposed of as provided in Rule 56, and

all parties shall be given reasonable opportunity to

present all material made pertinent to such a motion

by Rule 56.

(d) Preliminary hearings. The defenses

specifically enumerated (1)-(7) in subdivision (b) of

this rule, whether made in a pleading or by motion,

and the motion for judgment mentioned in

subdivision (c) of this rule shall be heard and

determined before trial on application of any party,

unless the court orders that the hearing and

determination thereof be deferred until the trial.

(e) Motion for more definite statement. If a

pleading to which a responsive pleading is permitted

is so vague or ambiguous that a party cannot

reasonably be required to frame a responsive

pleading, the party may move for a more definite

statement before interposing a responsive pleading.

The motion shall point out the defects complained of

and the details desired. If the motion is granted and

the order of the court is not obeyed within 10 days

after notice of the order or within such other time as

the court may fix, the court may strike the pleading to

which the motion was directed or make such order as

it deems just.

(f) Motion to strike. Upon motion made by a

party before responding to a pleading or, if no

responsive pleading is permitted by these rules, upon

motion made by a party within 20 days after the

service of the pleading upon the party or upon the

court's own initiative at any time, the court may order

stricken from any pleading any insufficient defense

or any redundant, immaterial, impertinent, or

scandalous matter.

(g) Consolidation of defenses in motion. A

party who makes a motion under this rule may join

with it any other motions herein provided for and

then available to the party. If a party makes a motion

under this rule but omits therefrom any defense or

objection then available to the party which this rule

permits to be raised by motion, the party shall not

thereafter make a motion based on the defense or

objection so omitted, except a motion as provided in

subdivision (h)(2) hereof on any of the grounds there

stated.

(h) Waiver or preservation of certain

defenses.

(1) A defense of lack of jurisdiction over the

person, improper venue, insufficiency of process, or

insufficiency of service of process is waived (A) if

omitted from a motion in the circumstances described

in subdivision (g) or (B) if it is neither made by

motion under this rule nor included in a responsive

pleading or an amendment thereof permitted by Rule

15(a) to be made as a matter of course.

(2) A defense of failure to state a claim upon

which relief can be granted, a defense of failure to

join a party indispensable under Rule 19, and an

objection of failure to state a legal defense to a claim

may be made in any pleading permitted or ordered

under Rule 7(a), or by motion for judgment on the

pleadings, or at the trial on the merits.

(3) Whenever it appears by suggestion of the

parties or otherwise that the court lacks jurisdiction

of the subject matter, the court shall dismiss the

action.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

HRCP--10 (Release: 12/21)

Rule 13. COUNTERCLAIM AND CROSS-

CLAIM.

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 14

(a) Compul

sory counterclaims. A pleading

shall state as a counterclaim any claim which at the

time of serving the pleading the pleader has against

any opposing party, if it arises out of the transaction

or occurrence that is the subject matter of the

opposing party's claim and does not require for its

adjudication the presence of third parties of whom

the court cannot acquire jurisdiction. But the pleader

need not state the claim if (1) at the time the action

was commenced the claim was the subject of another

pending action or (2) the opposing party brought suit

upon the claim by attachment or other process by

which the court did not acquire jurisdiction to render

a personal judgment on that claim, and the pleader is

not stating any counterclaim under this Rule 13.

(b) Permissive counterclaims. A pleading may

state as a counterclaim any claim against an opposing

party not arising out of the transaction or occurrence

that is the subject matter of the opposing party's

claim.

(c) Counterclaim exceeding opposing claim. A

counterclaim may or may not diminish or defeat the

recovery sought by the opposing party. It may claim

relief exceeding in amount or different in kind from

that sought in the pleading of the opposing party.

(d) Counterclaim against the state. These rules

shall not be construed to enlarge beyond the limits

now fixed by law the right to assert counterclaims or

to claim credits against the State or a county, or an

officer or agency of the State or a county.

(e) Counterclaim maturing or acquired after

pleading. A claim which either matured or was

acquired by the pleader after serving a pleading may,

with the permission of the court, be presented as a

counterclaim by supplemental pleading.

(f) Omitted counterclaim. When a pleader fails

to set up a counterclaim through oversight,

inadvertence, or excusable neglect, or when justice

requires, the pleader may by leave of court set up the

counterclaim by amendment.

(g) Cross-claim against co-party. A pleading

may state as a cross-claim any claim by one party

against a co-party arising out of the transaction or

occurrence that is the subject matter either of the

original action or of a counterclaim therein or relating

to any property that is the subject matter of the

original action. Such cross-claim may include a claim

that the party against whom it is asserted is or may be

liable to the cross-claimant for all or part of a claim

asserted in the action against the cross-claimant.

(h) Joinder of additional parties. Persons other

than those made parties to the original action may be

made parties to a counterclaim or cross-claim in

accordance with the provisions of Rules 19 and 20.

(i) Separate trials; separate judgment. If the

court orders separate trials as provided in Rule 42(b),

judgment on a counterclaim or cross-claim may be

rendered in accordance with the terms of Rule 54(b)

when the court has jurisdiction so to do, even if the

claims of the opposing party have been dismissed or

otherwise disposed of.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 14. THIRD-PARTY PRACTICE.

(a) When defendant may bring in third-

party. At any time after commencement of the action

a defending party, as a third-party plaintiff, may

cause a summons and complaint to be served upon a

person not a party to the action who is or may be

liable to the plaintiff or the third-party plaintiff for all

or part of the plaintiff's claim against the third-party

plaintiff. The third-party plaintiff need not obtain

leave to make the service if the third-party plaintiff

files the third-party complaint not later than 10 days

after serving the original answer. Otherwise the

third-party plaintiff must obtain leave on motion

upon notice to all parties to the action. The person

served with the summons and third-party complaint,

hereinafter called the third-party defendant, shall

make any defenses to the third-party plaintiff's claim

as provided in Rule 12 and any counterclaims against

the third-party plaintiff and cross-claims against other

third-party defendants as provided in Rule 13. The

third-party defendant may assert against the plaintiff

any defenses which the third-party plaintiff has to the

plaintiff's claim. The third-party defendant may also

assert any claim against the plaintiff arising out of the

transaction or occurrence that is the subject matter of

the plaintiff's claim against the third-party plaintiff.

The plaintiff may assert any claim against the

third-party defendant arising out of the transaction or

occurrence that is the subject matter of the plaintiff's

claim against the third-party plaintiff, and the

third-party defendant thereupon shall assert any

(Release: 12/21) HRCP--11

Rule 14 HAWAI‘I RULES OF CIVIL PROCEDURE

defenses as provided in Rule 12 and any

counterclaims and cross-claims as provided in Rule

13. Any party may move to strike the third-party

claim, or for its severance or separate trial. A

third-party defendant may proceed under this rule

against any person not a party to the action who is or

may be liable to the third-party defendant for all or

part of the claim made in the action against the

third-party defendant.

(b) When plaintiff may bring in third party.

When a counterclaim is asserted against a plaintiff,

the plaintiff may cause a third party to be brought in

under circumstances which under this rule would

entitle a defendant to do so.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 15. AMENDED AND SUPPLEMENTAL

PLEADINGS.

(a) Amendments before trial.

(1) A

MENDING AS A MATTER OF COURSE. A

party may amend the party's pleading once as a

matter of course at any time before a responsive

pleading is served or, if the pleading is one to which

no responsive pleading is permitted and the action

has not been placed upon the trial calendar, the party

may so amend it at any time within 20 days after it is

served.

(2) O

THER AMENDMENTS. In all other cases, a

party may amend the party's pleading only by leave

of court or by written consent of the adverse party;

and leave shall be freely given when justice so

requires. A motion or stipulation to amend a

pleading shall be accompanied by the proposed

amended pleading in Ramseyer formatting (additions

underscored and deletions bracketed and stricken). A

party filing or moving to file an amended pleading

shall reproduce the entire pleading as proposed and

shall not incorporate any part of the prior pleading by

reference, except with leave of court. If granted or

allowed, the amended pleading shall be filed, with

Ramseyer formatting removed, and served forthwith.

(3) T

IME TO RESPOND. A party shall plead in

response to an amended pleading within the time

remaining for response to the original pleading or

within 10 days after service of the amended pleading,

whichever period may be the longer, unless the court

otherwise orders.

(b) Amendments during and after trial.

(1) F

OR ISSUES TRIED BY CONSENT. When issues

not raised by the pleadings are tried by express or

implied consent of the parties, they shall be treated in

all respects as if they had been raised in the

pleadings. Such amendment of the pleadings as may

be necessary to cause them to conform to the

evidence and to raise these issues may be made upon

motion of any party at any time, even after judgment;

but failure so to amend does not affect the result of

the trial of these issues.

(2) B

ASED ON OBJECTION AT TRIAL. If evidence

is objected to at the trial on the ground that it is not

within the issues made by pleadings, the court may

allow the pleadings to be amended and shall do so

freely when the presentation of the merits of the

action will be subserved thereby and the objecting

party fails to satisfy the court that the admission of

such evidence would prejudice the party in

maintaining the party's action or defense upon the

merits. The court may grant a continuance to enable

the objecting party to meet such evidence.

(c) Relation back of amendments. An

amendment of a pleading relates back to the date of

the original pleading when

(1) relation back is permitted by the law that

provides the statute of limitations applicable to the

action, or

(2) the claim or defense asserted in the amended

pleading arose out of the conduct, transaction, or

occurrence set forth or attempted to be set forth in the

original pleading, or

(3) the amendment changes the party or the

naming of the party against whom a claim is asserted

if the foregoing provision (2) is satisfied and the

party to be brought in by amendment (A) has

received such notice of the institution of the action

that the party will not be prejudiced in maintaining a

defense on the merits, and (B) knew or should have

known that, but for a mistake concerning the identity

of the proper party, the action would have been

brought against the party.

HRCP--12 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 16

(d) Supplemental pleadings. Upon motion of a

party the court may, upon reasonable notice and upon

such terms as are just, permit the party to serve a

supplemental pleading setting forth transactions or

occurrences or events which have happened since the

date of the pleading sought to be supplemented.

Permission may be granted even though the original

pleading is defective in its statement of a claim for

relief or defense. If the court deems it advisable that

the adverse party plead to the supplemental pleading,

it shall so order, specifying the time therefor.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000; further amended August 26, 2011,

effective January 1, 2012.)

Rule 16

Version in effect prior to January 1, 2022

Rule 16. PRE-TRIAL CONFERENCES;

SCHEDULING; MANAGEMENT.

(a) Pretrial conferences; objectives. In any

action, the court may in its discretion direct lead

counsel or other attorneys for the parties and any

unrepresented parties to appear before it for a

conference or conferences before trial for such

purposes as

(1) expediting the disposition of the action;

(2) establishing early and continuing control so

that the case will not be protracted because of lack of

management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through

more thorough preparation; and;

(5) facilitating the settlement of the case.

(b) Scheduling and planning. The court shall,

after consulting with the attorneys for the parties and

any unrepresented parties by a scheduling

conference, telephone, mail, or other suitable means,

enter a scheduling order that limits the time

(1) to join other parties and to amend the

pleadings;

(2) to file motions; and

(3) to complete discovery.

The scheduling order may also include

(4) modifications of the extent of discovery to be

permitted;

(5) the date or dates for conferences before trial,

a final pretrial conference, and trial; and

(6) any other matters appropriate in the

circumstances of the case.

A schedule shall not be modified except upon a

showing of good cause and by leave of the court.

(c) Subjects for consideration at pretrial

conferences. At any conference under this rule

consideration may be given, and the court may take

appropriate action, with respect to

(1) the formulation and simplification of the

issues, including the elimination of frivolous claims

or defenses;

(2) the necessity or desirability of amendments

to the pleadings;

(3) the possibility of obtaining admissions of fact

and of documents which will avoid unnecessary

proof, stipulations regarding the authenticity of

documents, and advance rulings from the court on the

admissibility of evidence;

(4) the avoidance of unnecessary proof and of

cumulative evidence, and limitations or restrictions

on the use of testimony under Rule 702 of the

Hawai‘i Rules of Evidence;

(5) the appropriateness and timing of summary

adjudication under Rule 56;

(6) the control and scheduling of discovery,

including orders affecting disclosures and discovery

pursuant to Rule 26 and Rules 29 through 37;

(7) the identification of witnesses and

documents, the need and schedule for filing and

exchanging pretrial briefs, and the date or dates for

further conferences and for trial;

(8) the advisability of referring matters to a

master;

(9) settlement and the use of special procedures

to assist in resolving the dispute when authorized by

statute or rule;

(10) the form and substance of the pretrial order;

(11) the disposition of pending motions;

(12) the need for adopting special procedures for

managing potentially difficult or protracted actions

that may involve complex issues, multiple parties,

difficult legal questions, or unusual proof problems;

(13) an order for a separate trial pursuant to Rule

42(b) with respect to a claim, counterclaim,

cross-claim, or third-party claim, or with respect to

any particular issue in the case;

(Release: 12/21) HRCP--13

Rule 16 HAWAI‘I RULES OF CIVIL PROCEDURE

(14) an order directing a party or parties to

present evidence early in the trial with respect to a

manageable issue that could, on the evidence, be the

basis for a judgment as a matter of law under Rule

50(a) or a judgment on partial findings under Rule

52(c);

(15) an order establishing a reasonable limit on

the time allowed for presenting evidence; and

(16) such other matters as may facilitate the just,

speedy, and inexpensive disposition of the action.

At least one of the attorneys for each party

participating in any conference before trial shall have

authority to enter into stipulations and to make

admissions regarding all matters that the participants

may reasonably anticipate may be discussed. If

appropriate, the court may require that a party or its

representative be present or reasonably available by

telephone in order to consider possible settlement of

the dispute.

(d) Final pretrial conference. Any final pretrial

conference shall be held as close to the time of trial

as reasonable under the circumstances. The

participants at any such conference shall formulate a

plan for trial, including a program for facilitating the

admission of evidence. The conference shall be

attended by at least one of the attorneys who will

conduct the trial for each of the parties and by any

unrepresented parties.

(e) Pretrial orders. After any conference held

pursuant to this rule, an order shall be entered

reciting the action taken. This order shall control the

subsequent course of the action unless modified by a

subsequent order. The order following a final pretrial

conference shall be modified only to prevent manifest

injustice.

(f) Sanctions. If a party or party's attorney fails

to obey a scheduling or pretrial order, or if no

appearance is made on behalf of a party at a

scheduling or pretrial conference, or if a party or

party's attorney is substantially unprepared to

participate in the conference, or if a party or party's

attorney fails to participate in good faith, the judge,

upon motion or the judge's own initiative, may make

such orders with regard thereto as are just, and

among others any of the orders provided in Rule

37(b)(2)(B), (C), (D). In lieu of or in addition to any

other sanction, the judge shall require the party or the

attorney representing the party or both to pay the

reasonable expenses incurred because of any

noncompliance with this rule, including attorney's

fees, unless the judge finds that the noncompliance

was substantially justified or that other circumstances

make an award of expenses unjust.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 16

Effe

ctive January 1, 2022

Rule 16. PRE-TRI

AL CONFERENCES;

SCHEDULING; MANAGEMENT.

(a) Pretrial conferences; objectives. In any

action, the court may in its discretion direct lead

counsel or other attorneys for the parties and any

self-represented parties to appear before it for a

conference or conferences before trial for such

purposes as

(1) expediting the disposition of the action;

(2) establishing early and continuing control

so that the case will not be protracted because of

lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through

more thorough preparation; and

(5) facilitating the settlement of the case.

(b) Scheduling and planning.

(1) I

SSUING ORDER. Except in cases

exempted by the Rules of the Circuit Courts of

the State of Hawai‘i, the court must issue a

sc

heduling order after consulting with the parties’

attorneys and any self-represented parties at a

scheduling conference.

(2) T

IME TO ISSUE. The court must issue the

scheduling order as soon as practicable, but unless

the court finds good cause for delay, the court

must issue it within the earlier of 90 days after

any defendant has been served with the complaint

or 60 days after any defendant has appeared.

(3) C

ONTENTS OF THE SCHEDULING ORDER.

(A) Required contents. The scheduling

order must:

HRCP--14 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 16

(i) set the date for trial;

(ii) limit the time to join other parties, amend

the pleadings, complete discovery, and file

motions;

(iii) either assign, or specifically decline to

assign, the case to the expedited track under Rule

16.1 of these Rules; and

(iv) include other matters required by the

Rules of the Circuit Courts of the State of Hawai‘i.

(B) Permitted contents. The scheduling order

may:

(i) modify the timing of disclosures under

Rules 26(a) and 26(e) of these Rules;

(ii) modify the extent of discovery;

(iii) provide for disclosure, discovery, or

preservation of electronically stored information;

(iv) include any agreements the parties reach

for asserting claims of privilege or of protection as

trial-preparation material after information is

produced;

(v) direct that before moving for an order

relating to discovery, the movant must request a

conference with the court;

(vi) set dates for pretrial conferences,

including a final pretrial conference;

(vii) set deadlines for the exchange and

submission of trial materials, including exhibits,

stipulations, depositions and trial preservation

testimonies, proposed jury instructions, and

proposed questions for jury selection; and

(viii) include other appropriate matters.

(4) S

CHEDULING CONFERENCE. Within the

earlier of 14 days after any defendant has been

served with the complaint or has appeared, the

plaintiff shall file a notice requesting a Scheduling

Conference to be set by the court. The court shall

then issue an order or a notice setting the

Scheduling Conference date. The plaintiff shall

promptly serve the order or notice issued by the

court setting the Scheduling Conference date on all

parties who have been served with the complaint,

except those who have appeared in the case before

the order or notice was issued. The Scheduling

Conference shall be attended by each party who

has appeared in the case or that party’s lead

counsel. In a case with multiple defendants, where

despite plaintiff’s diligent efforts it appears

likely that not all defendants will be served with

the complaint prior to the first Scheduling

Conference, the plaintiff may request that the

Scheduling Conference be rescheduled to allow

additional time for service.

(5) M

ODIFYING A SCHEDULE. A schedule

may be modified only for good cause and with the

judge’s consent.

(c) Subjects for consideration at pretrial

conferences. At any conference under this rule

consideration may be given, and the court may

take appropriate action, with respect to

(1) the formulation and simplification of the

issues, including the elimination of frivolous

claims or defenses;

(2) the necessity or desirability of

amendments to the pleadings;

(3) the possibility of obtaining admissions of

fact and of documents which will avoid

unnecessary proof, stipulations regarding the

authenticity of documents, and advance rulings

from the court on the admissibility of evidence;

(4) the avoidance of unnecessary proof and

of cumulative evidence, and limitations or

restrictions on the use of testimony under Rule

702 of the Hawai‘i Rules of Evidence;

(5) the appropriateness and timing of

summary adjudication under Rule 56;

(6) the control and scheduling of discovery,

including orders affecting disclosures and

discovery pursuant to Rule 26 and Rules 29

through 37;

(7) the identification of witnesses and

documents, the need and schedule for filing and

exchanging pretrial briefs, and the date or dates

for further conferences and for trial;

(8) the advisability of referring matters to a

master;

(9) settlement and the use of special

procedures to assist in resolving the dispute when

authorized by statute or rule;

(10) the form and substance of the pretrial

order;

(11) the disposition of pending motions;

(Release: 12/21) HRCP--15

Rule 16 HAWAI‘I RULES OF CIVIL PROCEDURE

(12) the need for adopting special procedures

for managing potentially difficult or protracted

actions that may involve complex issues, multiple

parties, difficult legal questions, or unusual proof

problems;

(13) an order for a separate trial pursuant to

Rule 42(b) with respect to a claim, counterclaim,

cross-claim, or third-party claim, or with respect

to any particular issue in the case;

(14) an order directing a party or parties to

present evidence early in the trial with respect to

a manageable issue that could, on the evidence, be

the basis for a judgment as a matter of law under

Rule 50(a) or a judgment on partial findings under

Rule 52(c);

(15) an order establishing a reasonable limit

on the time allowed for presenting evidence; and

(16) such other matters as may facilitate the

just, speedy, and inexpensive disposition of the

action.

At least one of the attorneys for each party

participating in any conference before trial shall

have authority to enter into stipulations and to

make admissions regarding all matters that the

participants may reasonably anticipate may be

discussed. If appropriate, the court may require

that a party or its representative be present or

reasonably available by telephone in order to

consider possible settlement of the dispute.

(d) Final pretrial conference. Any final

pretrial conference shall be held as close to the

time of trial as reasonable under the

circumstances. The participants at any such

conference shall formulate a plan for trial,

including a program for facilitating the admission

of evidence. The conference shall be attended by

at least one of the attorneys who will conduct the

trial for each of the parties and by any

unrepresented parties.

(e) Pretrial orders. After any conference

held pursuant to this rule, an order shall be entered

reciting the action taken. This order shall control

the subsequent course of the action unless

modified by a subsequent order. The order

following a final pretrial conference shall be

modified only to prevent manifest injustice.

(f) Sanctions. If a party or party's attorney

fails to obey a scheduling or pretrial order, or if no

appearance is made on behalf of a party at a

scheduling or pretrial conference, or if a party or

party's attorney is substantially unprepared to

participate in the conference, or if a party or

party's attorney fails to participate in good faith,

the judge, upon motion or the judge's own

initiative, may make such orders with regard

thereto as are just, and among others any of the

orders provided in Rule 37(b)(2)(B), (C), (D). In

lieu of or in addition to any other sanction, the

judge shall require the party or the attorney

representing the party or both to pay the

reasonable expenses incurred because of any

noncompliance with this rule, including attorney's

fees, unless the judge finds that the

noncompliance was substantially justified or that

other circumstances make an award of expenses

unjust.

(Amended May 15, 1972, effective July 1,

1972; further amended December 7, 1999,

effective January 1, 2000; further amended

October 8, 2020, effective January 1, 2021;

further amended November 5, 2020, to extend

effective date to July 1, 2021; further amended

March 30, 2021, to extend effective date to

January 1, 2022.)

HRCP--16 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 16.1

Rule 16.1. EXPEDITED OR NON-

EXPEDITED TRACK

ASSIGNMENT BASED ON CASE

CHARACTERISTICS;

DISCOVERY LIMITATIONS;

TRIAL SETTING.

(a) Assignment of case to expedited track.

Except for cases exempted by Rule 16.1(b) of this

Rule, the court, for discovery and case management

purposes, may upon the agreement of the parties,

designate the case for an expedited track through the

scheduling order issued pursuant to Rule 16(b) of

these Rules. The purpose of the expedited track is to

secure the just, speedy, and efficient resolution of

cases by placing them into an appropriate pathway

based on considerations of fairness, cost-

effectiveness, and expedition.

(1) In assigning a case to an expedited track, the

court may take into consideration the following

factors, with no one factor being dispositive:

(A) The degree of readiness of the case for

resolution;

(B) The number of parties involved, whether

there are 2 parties or more than 2 parties, and whether

any party is self-represented;

(C) The monetary value of the case;

(D) The number and complexity of the issues to

be resolved;

(E) The number, extent, and nature of the

claims;

(F) The volume and extent of discovery

necessary;

(G) The number of witnesses, experts, and

documents;

(H) Any other factor the court determines is

relevant to fulfilling the purpose of the expedited-

track assignment.

Based upon these factors, the court by order may

assign cases that can be streamlined, managed with a

minimum of court involvement, and expedited to

resolution within 9 months of the scheduling

conference to the expedited track.

(2) Any party may, based upon a showing of

good cause, request that a case originally assigned to

the expedited track be removed from it.

(b) Exempt actions. The following categories

of actions are exempt from the provisions of this Rule

16.1.

(1) foreclosure;

(2) cases included in and not exempted from the

Court Annexed Arbitration Program established by

Hawai‘i Revised Statutes § 601-20;

(3) agency appeals pursuant to Hawai‘i Revised

Sta

tutes;

(4) co

nsumer debt collection;

(5) quiet title; and

(6) asbestos.

(c) Limitations on discovery in expedited

track cases.

(1) For cases assigned to the expedited track,

each party shall be subject to the following

limitations on discovery:

(A) no more than 4 oral depositions with a

cumulative time of 16 hours on the record; and

(B) no more than a total of 35, in any

combination, of interrogatories, including subparts,

under Rule 33 of these Rules, requests for documents

under Rule 34 of these Rules, and requests for

admissions under Rule 36 of these Rules.

(2) To obtain discovery beyond the limitations

on discovery established in Rule 16.1(c)(1) of this

Rule, a party must file either:

(A) a request for discovery beyond the

expedited track limits, by motion or request for

streamlined assistance under Rule 15.1 of the Rules

of the Circuit Courts of the State of Hawai‘i, setting

forth why that discovery is necessary and why its

burden or expense will not outweigh its likely benefit

under Rule 26(b)(2)(iii) of these Rules, and where

appropriate, attaching the proposed discovery, or in

the case of a request for deposition, describing the

anticipated discovery, and attaching a declaration or

affidavit certifying a good faith effort to confer with

the other party(ies) about the discovery; or

(B) a stipulation, approved by the court, that

discovery beyond the expedited track limits is

necessary, that the burden or expense of the

discovery will not outweigh its likely benefit under

Rule 26(b)(2)(iii) of these Rules, and that the

discovery is agreed to by the parties.

(d) Trial setting for expedited track and non-

expedited track cases.

(1) For cases assigned to the expedited track,

the court shall, at the initial scheduling conference,

set trial to commence within 9 months of that

conference.

(2) For cases not assigned to the expedited track

that are subject to this Rule 16.1 and are not exempt

(Release: 12/21) HRCP--17

Rule 16.1 HAWAI#I RULES OF CIVIL PROCEDURE

actions under Rule 12(b)(1) of the Rules of the

Circuit Courts of the State of Hawai#i, the court shall,

at the

initial scheduling conference, set trial to

commence within 12 months of that conference

unless a party requests a trial date after that period.

Upon the request of any party at the initial scheduling

conference, after reviewing the materials submitted,

and considering the relative positions of all parties,

the court may set trial to commence after 12 months

but no later than 18 months after the conference. In

determining whether and when to set trial to

commence within the 12-to-18 month time frame, the

court may consider the relative complexity of the

case.

(3) After

the trial date has been set, any party

may file a motion seeking to advance the trial date.

(4) Upon motion by any party in an expedited-

track or non-expedited track case, the court may

continue the trial for good cause.

(Added October 8, 2020, effective January 1,

2021; further amended November 5, 2020, to extend

effective date to July 1, 2021; further amended

March 30, 2021, to extend effective date to January

1, 2022; further amended August 3, 2021, effective

January 1, 2022.)

Rule 16.2. APPEARANCE BY TELEPHONIC

OR VIDEOCONFERENCE CALL.

(a) Telephonic or videoconferencing call

presumptively allowed. Except as otherwise

provided by statute or rule, the court shall, absent

good cause, allow any party or the party’s counsel to

appear by telephonic or videoconferencing call for

any of the following motions, conferences, hearings,

or proceedings:

(1) Scheduling and trial setting conferences;

(2) Status conferences;

(3) Uncontested motions; and

(4) Such other conferences or hearings which

the trial court approves.

If, at any time during a motion, conference,

hearing or proceeding conducted by telephonic or

videoconferencing call, the court determines a

personal appearance is necessary by one or more of

the parties or their counsel, the court may continue

the matter and require a personal appearance by one

or more of the parties or their counsel.

(b) Telephonic or videoconferencing call

presumptively not allowed. Except as otherwise

provided by statute or rule of court or as permitted by

the court, telephonic or videoconferencing

appearance shall not be permitted for any of the

following:

(1) Trials;

(2) Evidentiary hearings;

(3) Contested motions or matters;

(4) Dispositive motions; and

(5) Settlement conferences.

(c) A r r a n g i n g t e l e p h o n i c o r

videoconferencing call.

(1) Any party granted leave to appear by a

telephonic or videoconferencing call shall, not less

than 48 hours prior to the scheduled hearing or

conference, notify all other parties.

(2) Unless otherwise directed by the court, the

party who first obtains permission to appear by a

telephonic or videoconferencing call shall be

responsible for arranging the conference call with all

parties and the conference-call operator, if applicable,

and ensuring that the call is arranged and ready for

court participation at the time appointed for the

hearing.

COMMENTARY:

The intent of this rule is to promote

uniformity in the practices and procedures

relating to telephonic and videoconferencing

calls for civil matters in the courts of the

State. To provide access to justice, promote

judicial efficiency and to reduce litigation

costs, the courts of the State should permit

parties, to the extent feasible, to appear by

telephonic or videoconferencing calls as

provided by this rule.

(Added July

29, 2013,

effective

January

1, 2014;

adopted and amended November

14, 2014, effective

January

1, 2015;

renumbered from Rule

16.1 on

October

8, 2020, effective

January

1, 2021;

further

amended November 5, 2020, to extend effective date

to July

1, 2021;

further

amended March 30, 2021, to

extend

effective

date

to January

1, 2022;

further

amended August 3, 2021, effective January

1, 2022;

further

amended April

22, 2022, effective

July

1,

2022.)

HRCP--18 (Release: 06/22)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 17

IV. PARTIES

Rule 17. PARTIES PLAINTIFF AND

DEFENDANT; CAPACITY.

(a) Real party in interest. Every action shall

be prosecuted in the name of the real party in interest.

An executor, administrator, guardian, bailee, trustee

of an express trust, a party with whom or in whose

name a contract has been made for the benefit of

another, or a party authorized by statute may sue in

its own name without joining with it the party for

whose benefit the action is brought. No action shall

be dismissed on the ground that it is not prosecuted

in the name of the real party in interest until a

reasonable time has been allowed after objection for

ratification of commencement of the action by, or

joinder or substitution of, the real party in interest;

and such ratification, joinder, or substitution shall

have the same effect as if the action had been

commenced in the name of the real party in interest.

(b) Reserved.

(c) Infants or incompetent persons. Whenever

an infant or incompetent person has a guardian, whe-

ther appointed as to that person or property, such

guardian appointed as to property, or if no guardian

has been appointed as to property, then such guardian

appointed as to that person, may sue or defend on

behalf of the infant or incompetent person. If an

infant or incompetent person does not have a duly

appointed guardian that person may sue by that

person's next friend or by a guardian ad litem. The

court shall appoint a guardian ad litem for an infant

or incompetent person not otherwise represented in

an action or shall make such other order as it deems

proper for the protection of the infant or incompetent

person.

(d) Unidentified defendant.

(1) When it shall be necessary or proper to make

a person a party defendant and the party desiring the

inclusion of the person as a party defendant has been

unable to ascertain the identity of a defendant, the

party desiring the inclusion of the person as a party

defendant shall in accordance with the criteria of

Rule 11 of these rules set forth in a pleading the

person's interest in the action, so much of the identity

as is known (and if unknown, a fictitious name shall

be used), and shall set forth with specificity all

actions already undertaken in a diligent and

good-faith effort to ascertain the person's full name

and identity.

(2) Subject to HRS section 657-22, the person

intended shall thereupon be considered a party

defendant to the action, as having notice of the

institution of the action against that person, and as

sufficiently described for all purposes, including

services of process, and the action shall proceed

against that person.

(3) Any party may, by motion for certification,

make the name or identity of the party defendant

known to the court within a reasonable time after the

moving party knew or should have known the name

or identity of the party defendant. The motion shall

be supported by affidavit setting forth all facts

substantiating the movant's claim that the naming or

identification has been made in good faith and with

due diligence. When the naming or identification is

made by a plaintiff, it shall be made prior to the filing

of the pretrial statement by that plaintiff, or within

such additional time as the court may allow. The

court shall freely grant reasonable extensions of the

time in which to name or identify the party defendant

to any party exercising due diligence in attempting to

ascertain the party defendant's name or identity.

(4) When a party defendant has been named or

identified in accordance with this rule, the court shall

so certify and may make any order that justice

requires to protect any party from undue burden and

expense in any further proceedings involving the

party defendant.

(5) A party defendant who has been named or

identified in accordance with this rule may have

dismissal of one or more claims against the defendant

if the defendant shows in a timely manner that the

delay in naming or identifying that defendant has

caused that defendant substantial prejudice and if the

interests of justice so require.

(Amended May 15, 1972, effective July 1, 1972,

further amended July 10, 1984, effective July 10,

1984; further amended July 26, 1990, effective

September 1, 1990; further amended December 7,

1999, effective January 1, 2000.)

(Release: 12/21) HRCP--19

Rule 18 HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 18. JOINDER OF CLAIMS AND

REMEDIES.

(a) Joinder of claims. A party asserting a claim

to relief as an original claim, counterclaim,

cross-claim, or third-party claim may join, either as

independent or as alternate claims as many claims,

legal or equitable, as the party has against an

opposing party.

(b) Joinder of remedies; fraudulent

conveyances. Whenever a claim is one heretofore

cognizable only after another claim has been

prosecuted to a conclusion, the two claims may be

joined in a single action; but the court shall grant

relief in that action only in accordance with the

relative substantive rights of the parties. In particular,

a plaintiff may state a claim for money and a claim to

have set aside a conveyance fraudulent as to that

plaintiff, without first having obtained a judgment

establishing the claim for money.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 19. JOINDER OF PERSONS NEEDED

FOR JUST ADJUDICATION.

(a) Persons to be joined if feasible. A person

who is subject to service of process shall be joined as

a party in the action if (1) in the person's absence

complete relief cannot be accorded among those

already parties, or (2) the person claims an interest

relating to the subject of the action and is so situated

that the disposition of the action in the person's

absence may (A) as a practical matter impair or

impede the person's ability to protect that interest or

(B) leave any of the persons already parties subject to

a substantial risk of incurring double, multiple, or

otherwise inconsistent obligations by reason of the

claimed interest. If the person has not been so joined,

the court shall order that the person be made a party.

If the person should join as a plaintiff but refuses to

do so, the person may be made a defendant, or, in a

proper case, an involuntary plaintiff.

(b) Determination by court whenever joinder

not feasible. If a person as described in subdivision

(a)(1)-(2) hereof cannot be made a party, the court

shall determine whether in equity and good

conscience the action should proceed among the

parties before it, or should be dismissed, the absent

person being thus regarded as indispensable. The

factors to be considered by the court include: first, to

what extent a judgment rendered in the person's

absence might be prejudicial to the person or those

already parties; second, the extent to which, by

protective provisions in the judgment, by the shaping

of relief, or other measures, the prejudice can be

lessened or avoided; third, whether a judgment

rendered in the person's absence will be adequate;

fourth, whether the plaintiff will have an adequate

remedy if the action is dismissed for nonjoinder.

(c) Pleading reasons for nonjoinder. A

pleading asserting a claim for relief shall state the

names, if known to the pleader, of any persons as

described in subdivision (a) (1)-(2) hereof who are

not joined, and the reasons why they are not joined.

(d) Exception of class actions. This rule is

subject to the provisions of Rule 23.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 20. PERMISSIVE JOINDER OF

PARTIES.

(a) Permissive joinder. All persons may join in

one action as plaintiffs if they assert any right to

relief jointly, severally, or in the alternative in respect

of or arising out of the same transaction, occurrence,

or series of transactions or occurrences and if any

question of law or fact common to all these persons

will arise in the action. All persons may be joined in

one action as defendants if there is asserted against

them jointly, severally, or in the alternative, any right

to relief in respect of or arising out of the same

transaction, occurrence, or series of transactions or

occurrences and if any question of law or fact

common to all defendants will arise in the action. A

plaintiff or defendant need not be interested in

obtaining or defending against all the relief

demanded. Judgment may be given for one or more

of the plaintiffs according to their respective rights to

relief, and against one or more defendants according

to their respective liabilities.

HRCP--20 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 23

(b) Separate trials. The court may make such

orders as will prevent a party from being

embarrassed, delayed, or put to expense by the

inclusion of a party against whom the party asserts no

claim and who asserts no claim against the party, and

may order separate trials or make other orders to

prevent delay or prejudice.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 21. MISJOINDER AND NONJOINDER

OF PARTIES.

Misjoinder of parties is not ground for dismissal

of an action. Parties may be dropped or added by

order of the court on motion of any party or of its

own initiative at any stage of the action and on such

terms as are just. Any claim against a party may be

severed and proceeded with separately by order of

the court.

Rule 22. INTERPLEADER.

Persons having claims against the plaintiff may

be joined as defendants and required to interplead

when their claims are such that the plaintiff is or may

be exposed to double or multiple liability. It is not

ground for objection to the joinder that the claims of

the several claimants or the titles on which their

claims depend do not have a common origin or are

not identical but are adverse to and independent of

one another, or that the plaintiff avers that the

plaintiff is not liable in whole or in part to any or all

of the claimants. A defendant exposed to similar

liability may obtain such interpleader by way of

cross-claim or counterclaim. The provisions of this

role supplement and do not in any way limit the

joinder of parties permitted in Rule 20.

(Amended December 7, 1999, effective January

1, 2000.)

Rule 23. CLASS ACTIONS.

(a) Prerequisites to a class action. One or

more members of a class may sue or be sued as

representative parties on behalf of all only if (1) the

class is so numerous that joinder of all members is

impracticable, (2) there are questions of law or fact

common to the class, (3) the claims or defenses of the

representative parties are typical of the claims or

defenses of the class, and (4) the representative

parties will fairly and adequately protect the interests

of the class.

(b) Class actions maintainable. An action may

be maintained as a class action if the prerequisites of

subdivision (a) are satisfied, and in addition:

(1) the prosecution of separate actions by or

against individual members of the class would create

a risk of

(A) inconsistent or varying adjudications with

respect to individual members of the class which

would establish incompatible standards of conduct

for the party opposing the class, or

(B) adjudications with respect to individual

members of the class which would as a practical

matter be dispositive of the interests of the other

members not parties to the adjudications or

substantially impair or impede their ability to protect

their interests; or

(2) the party opposing the class has acted or

refused to act on grounds generally applicable to the

class, thereby making appropriate final injunctive

relief or corresponding declaratory relief with respect

to the class as a whole; or

(3) the court finds that the questions of law or

fact common to the members of the class

predominate over any questions affecting only

individual members, and that a class action is

superior to other available methods for the fair and

efficient adjudication of the controversy. The matters

pertinent to the findings include: (A) the interest of

members of the class in individually controlling the

prosecution or defense of separate actions; (B) the

extent and nature of any litigation concerning the

controversy already commenced by or against

members of the class; (C) the desirability or

undesirability of concentrating the litigation of the

claims in the particular forum; (D) the difficulties

likely to be encountered in the management of a class

action.

(Release: 12/21) HRCP--21

Rule 23 HAWAI‘I RULES OF CIVIL PROCEDURE

(c) Determination by order whether class

action to be maintained; notice; judgment; actions

conducted partially as class actions.

(1) As soon as practicable after the

commencement of an action brought as a class action,

the court shall determine by order whether it is to be

so maintained. An order under this subdivision may

be conditional, and may be altered or amended before

the decision on the merits.

(2) In any class action maintained under

subdivision (b)(3), the court shall direct to the

members of the class the best notice practicable under

the circumstances, including individual notice to all

members who can be identified through reasonable

effort. The notice shall advise each member that (A)

the court will exclude the member from the class if

the member so requests by a specified date; (B) the

judgment, whether favorable or not, will include all

members who do not request exclusion; and (C) any

member who does not request exclusion may, if the

member desires, enter an appearance through

counsel.

(3) The judgment in an action maintained as a

class action under subdivision (b)(1) or (b)(2),

whether or not favorable to the class, shall include

and describe those whom the court finds to be

members of the class. The judgment in an action

maintained as a class action under subdivision (b)(3),

whether or not favorable to the class, shall include

and specify or describe those to whom the notice

provided in subdivision (c)(2) was directed, and who

have not requested exclusion, and whom the court

finds to be members of the class.

(4) When appropriate (A) an action may be

brought or maintained as a class action with respect

to particular issues, or (B) a class may be divided into

subclasses and each subclass treated as a class, and

the provisions of this rule shall then be construed and

applied accordingly.

(d) Orders in conduct of actions. In the

conduct of actions to which this rule applies, the

court may make appropriate orders: (1) determining

the course of proceedings or prescribing measures to

prevent undue repetition or complication in the

presentation of evidence or argument; (2) requiring,

for the protection of the members of the class or

otherwise for the fair conduct of the action, that

notice be given in such manner as the court may

direct to some or all of the members of any step in

the action, or of the proposed extent of the judgment,

or of the opportunity of members to signify whether

they consider the representation fair and adequate, to

intervene and present claims or defenses, or

otherwise to come into the action; (3) imposing

conditions on the representative parties or on

intervenors; (4) requiring that the pleadings be

amended to eliminate therefrom allegations as to

representation of absent persons, and that the action

proceed accordingly; (5) dealing with similar

procedural matters. The orders may be combined

with an order under Rule 16, and may be altered or

amended as may be desirable from time to time.

(e) Dismissal or compromise. A class action

shall not be dismissed or compromised without the

approval of the court, and notice of the proposed

dismissal or compromise shall be given to all

members of the class in such manner as the court

directs.

(f) Distribution. Prior to the entry of any

judgment under subdivision (c)(3) or the approval of

any compromise under subdivision (e), the court shall

determine the total amount payable to each class

member. The court shall set a date when the parties

shall report to the court the total amount actually paid

to class members. After the report is received, the

court shall direct the defendant, by order entered on

the record, to distribute the sum of any unpaid

residue after the payment of approved class member

claims, expenses, litigation costs, attorneys’ fees, and

other court-approved disbursements. Unless

otherwise required by governing law, it shall be

within the discretion of the court to approve the

timing and method of distribution of residual funds

and to approve the recipient(s) of residual funds, as

agreed to by the parties, including nonprofit tax

exempt organizations eligible to receive assistance

from the indigent legal assistance fund under HRS

section 607-5.7 (or any successor provision) or the

Hawai‘i Justice Foundation, for distribution to one or

m

ore of such organizations.

(Ame

nded May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000; further amended January 27, 2011,

effective July 1, 2011.)

HRCP--22 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 24

Rule 23.1. DERIVATIVE ACTIONS BY

SHAREHOLDERS.

In a derivative action brought by one or more

shareholders or members to enforce a right of a

corporation or of an unincorporated association, the

corporation or association having failed to enforce a

right which may properly be asserted by it, the

complaint shall be verified and shall allege that the

plaintiff was a shareholder or member at the time of

the transaction of which the plaintiff complains or

that the plaintiff's share or membership thereafter

devolved on the plaintiff by operation of law. The

complaint shall also allege with particularity the

efforts made by the plaintiff to obtain the action the

plaintiff desires from the directors or comparable

authority and from the shareholders or members, and

the reasons for the plaintiff's failure to obtain the

action or for not making the effort. The derivative

action may not be maintained if it appears that the

plaintiff does not fairly and adequately represent the

interests of the shareholders or members similarly

situated in enforcing the right of the corporation or

association. The action shall not be dismissed or

compromised without the approval of the court, and

notice of the proposed dismissal or compromise shall

be given to shareholders or members in such manner

as the court directs.

(Added May 15,

1972, effective July 1, 1972;

amended December 7, 1999, effective January 1,

2000.)

Rule 23.2. ACTIONS RELATING TO

UNINCORPORATED

ASSOCIATIONS.

An ac

tion brought by or against the members of

an unincorporated association as a class by naming

certain members as representative parties may be

maintained only if it appears that the representative

parties will fairly and adequately protect the interests

of the association and its members. In the conduct of

the action the court may make appropriate orders

corresponding with those described in Rule 23(d),

and the procedure for dismissal or compromise of the

action shall correspond with that provided in Rule

23(e). This rule shall not preclude an action brought

by or against an unincorporated association pursuant

to statute.

(Added May 15, 1972, effective July 1, 1972.)

Rule 24. INTERVENTION.

(a) Intervention of right. Upon timely

application anyone shall be permitted to intervene in

an action: (1) when a statute confers an unconditional

right to intervene; or (2) when the applicant claims an

interest relating to the property or transaction which

is the subject of the action and the applicant is so

situated that the disposition of the action may as a

practical matter impair or impede the applicant's

ability to protect that interest, unless the applicant's

interest is adequately represented by existing parties.

(b) Permissive intervention. Upon timely

application anyone may be permitted to intervene in

an action: (1) when a statute confers a conditional

right to intervene; or (2) when an applicant's claim or

defense and the main action have a question of law or

fact in common. When a party to an action relies for

ground of claim or defense upon any statute,

ordinance or executive order administered by an

officer, agency or governmental organization of the

State or a county, or upon any regulation, order,

requirement or agreement issued or made pursuant to

the statute, ordinance or executive order, the officer,

agency or governmental organization upon timely

application may be permitted to intervene in the

action. In exercising its discretion the court shall

consider whether the intervention will unduly delay

or prejudice the adjudication of the rights of the

original parties.

(c) Procedure. A person desiring to intervene

shall serve a motion to intervene upon the parties as

provided in Rule 5. The motion shall state the

grounds therefor and shall be accompanied by a

pleading setting forth the claim or defense for which

intervention is sought. The same procedure shall be

followed when a statute gives a right to intervene.

(Release: 12/21) HRCP--23

Rule 24 HAWAI#I RULES OF CIVIL PROCEDURE

(d) Notice of Claim of Unconstitutionality. A

party who draws into question the constitutionality of

a Hawai#i statute, in any proceeding to which the

Stat

e of Hawai#i, or any agency thereof, or any

officer or employee thereof in an official capacity is

not a party, shall provide immediate written notice of

the constitutional issue to the Attorney General of the

State of Hawai#i.

(Amended

May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000; further amended April 17, 2006,

effective July 1, 2006.)

Rule 25. SUBSTITUTION OF PARTIES.

(a) Death.

(1) If a party dies and the claim is not thereby

extinguished, the court may order substitution of the

proper parties. The motion for substitution may be

made by any party or by the successors or

representatives of the deceased party and, together

with the notice of hearing, shall be served on the

parties as provided in Rule 5 and upon persons not

parties in the manner provided in Rule 4 for the

service of a summons, and may be served in any

judicial district. Unless the motion for substitution is

made not later than 120 days after the death is

suggested upon the record by service of a statement

of the fact of the death as provided herein for the

service of the motion, the action shall be dismissed as

to the deceased party.

(2) In the event of the death of one or more of

the plaintiffs or of one or more of the defendants in

an action in which the right sought to be enforced

survives only to the surviving plaintiffs or only

against the surviving defendants, the action does not

abate. The death shall be suggested upon the record

and the action shall proceed in favor of or against the

surviving parties.

(b) Incompetency. If a party becomes

incompetent, the court upon motion served as

provided in subdivision (a) of this rule may allow the

action to be continued by or against the party's

representative.

(c) Transfer of interest. In case of any transfer

of interest, the action may be continued by or against

the original party, unless the court upon motion

directs the person to whom the interest is transferred

to be substituted in the action or joined with the

original party. Service of the motion shall be made as

provided in subdivision (a) of this rule.

(d) Public officers; death or separation from

office.

(1) When a public officer is a party to an action

in an official capacity and during its pendency dies,

resigns, or otherwise ceases to hold office, the action

does not abate and the officer's successor is

automatically substituted as a party. Proceedings

following the substitution shall be in the name of the

substituted party, but any misnomer not affecting the

substantial rights of the parties shall be disregarded.

An order of substitution may be entered at any time,

but the omission to enter such an order shall not

affect the substitution.

(2) When a public officer sues or is sued in an

official capacity, the officer may be described as a

party by official title rather than by name; but the

court may require the officer's name to be added.

(Amended May 15, 1972, effective July 1, 1972;

further amended July 26, 1990, effective September

1, 1990; further amended December 7, 1999,

effective January 1, 2000.)

Rule 25.1. WITHDRAWAL, SUBSTITUTION,

AND APPEARANCE OF COUNSEL.

(a) Except as provided in Rule 10(c) of the

Rules of the Circuit Courts, withdrawal and

substitution of counsel in cases pending before the

circuit courts shall be effective only upon the

approval of the court and shall be subject to the

guidelines of Rule 1.16 of the Hawai‘i Rules of

Prof

essional Conduct and other applicable law.

HRCP--24 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 26

(b) A withdrawal and substitution of counsel

shall:

(1) Cite the relevant authority for the

withdrawal and substitution;

(2) Include the signatures of the withdrawing

attorney and the substituting attorney;

(3) Include the words "APPROVED AND SO

ORDERED" and a line below such words for the

signature of the judge;

(4) Indicate the trial date, if any; and

(5) Include the signature of the represented

party indicating the represented party’s consent to the

withdrawal and substitution.

(c) A motion to withdraw as counsel shall be

served on the represented party and shall:

(1) Cite the relevant authority for the

withdrawal;

(2) Indicate that the represented party has been

provided written notice (A) of the represented party’s

responsibilities under Rule 4 of the Rules of the

Circuit Courts, and (B) if the represented party is a

corporation, partnership, or other legal entity, that

such entity may only appear in the action through

counsel admitted to practice in the courts of the State

of Hawai‘i; and

(3) Indicate the represented party’s last known

address and telephone number.

(d) An attorney who has not made an

appearance in a case on behalf of a party in the

pleading commencing the action, an answer, or

withdrawal and substitution pursuant to Rule 10(c) of

the Rules of the Circuit Courts or section (a) this rule,

shall upon undertaking representation of a party

immediately file a notice of appearance of counsel,

which shall include:

(1) the attorney's name, Hawai‘i bar

identification number, office address and telephone

number; and

(2) the name of the party represented.

(Added August 26, 2011, effective January 1,

2012.)

V. DEPOSITIONS AND DISCOVERY

Rule 26

Version in effect prior to January 1, 2022

Rule 26. GENERAL PROVISIONS

GOVERNING DISCOVERY.

(a) Discovery Methods. Parties may obtain

discovery by one or more of the following methods:

depositions upon oral examination or written

questions; written interrogatories; production of

documents, electronically stored information, or

tangible things or permission to enter upon land or

other property, for inspection and other purposes;

physical and mental examinations; and requests for

admission.

(b) Discovery Scope and Limits. Unless

otherwise limited by order of the court in accordance

with these rules, the scope of discovery is as follows:

(1) I

N GENERAL.

(A) Parties may obtain discovery regarding any

matter, not privileged, which is relevant to the subject

matter involved in the pending action, whether it

relates to the claim or defense of the party seeking

discovery or to the claim or defense of any other

party, including the existence, description, nature,

custody, condition and location of any books,

documents, electronically stored information or

tangible things and the identity and location of

persons having knowledge of any discoverable

matter. It is not ground for objection that the

information sought will be inadmissible at the trial if

the discovery appears reasonably calculated to lead to

the discovery of admissible evidence. All discovery

is subject to the limitations imposed by Rule

26(b)(1)(B) and 26(b)(2)(i), (ii), and (iii).

(B) A party need not provide discovery of

electronically stored information from sources that

the party identifies as not reasonably accessible

because of undue burden or expense. On motion to

compel discovery or for a protective order, the party

from whom discovery is sought must show that the

information is not reasonably accessible because of

undue burden or expense. If that showing is made,

the Court may nonetheless order disclosure or

discovery from such sources if the requesting party

shows good cause considering the limitations of Rule

(Release: 12/21) HRCP--25

Rule 26 HAWAI‘I RULES OF CIVIL PROCEDURE

26(b)(2). The Court may specify conditions for the

disclosure of discovery.

(2) L

IMITATIONS. By order, the court may alter

the limits in these rules on the number of depositions

and interrogatories or the length of depositions under

Rule 30. By order, the court may also limit the

number of requests under Rule 36. The frequency or

extent of use of the discovery methods otherwise

permitted under these rules shall be limited by the

court if it determines that: (i) the discovery sought is

unreasonably cumulative or duplicative, or is

obtainable from some other source that is more

convenient, less burdensome, or less expensive; (ii)

the party seeking discovery has had ample

opportunity by discovery in the action to obtain the

information sought; or (iii) the burden or expense of

the proposed discovery outweighs its likely benefit,

taking into account the needs of the case, the amount

in controversy, limitations on the parties' resources,

the importance of the issues at stake in the litigation,

and the importance of the proposed discovery in

resolving the issues. The court may act upon its own

initiative after reasonable notice or pursuant to a

motion under Rule 26(c).

(3) I

NSURANCE AGREEMENTS. A party may

obtain discovery of the existence and contents of any

insurance agreement under which any person carrying

on an insurance business may be liable to satisfy part

or all of a judgment which may be entered in the

action or to indemnify or reimburse for payments

made to satisfy the judgment. Information

concerning the insurance agreement is not by reason

of disclosure admissible in evidence at trial. For

purposes of this paragraph, an application for

insurance shall not be treated as part of an insurance

agreement.

(4) T

RIAL PREPARATION: MATERIALS. A party

may obtain discovery of documents, electronically

stored information, and tangible things otherwise

discoverable under subdivision (b)(1) of this rule and

prepared in anticipation of litigation or for trial by or

for another party or by or for that other party's

representative (including the other party’s attorney,

consultant, surety, indemnitor, insurer, or agent) only

upon a showing that the party seeking discovery has

substantial need of the materials in the preparation of

the party’s case and that the party is unable without

undue hardship to obtain the substantial equivalent of

the materials by other means. In ordering discovery

of such materials when the required showing has

been made, the court shall protect against disclosure

of the mental impressions, conclusions, opinions, or

legal theories of an attorney or other representative of

a party concerning the litigation.

A party may obtain without the required

showing a statement concerning the action or its

subject matter previously made by that party. Upon

request, a person not a party may obtain without the

required showing a statement concerning the action

or its subject matter previously made by that person.

If the request is refused, the person may move for a

court order. The provisions of Rule 37(a)(4) apply to

the award of expenses incurred in relation to the

motion. For purposes of this paragraph, a statement

previously made is (A) a written statement signed or

otherwise adopted or approved by the person making

it, or (B) a stenographic, mechanical, electrical, or

other recording, or a transcription thereof, which is a

substantially verbatim recital of an oral statement by

the person making it and contemporaneously

recorded.

(5) T

RIAL PREPARATION: EXPERTS.

(A) A party may depose any person who has

been identified as an expert whose opinions may be

presented at trial.

(B) A party may, through interrogatories and/or

by deposition, discover facts known or opinions held

by an expert who has been retained or specially

employed by another party in anticipation of

litigation or preparation for trial and who is not

expected to be called as a witness at trial, only as

provided in Rule 35(b) or upon a showing of

exceptional circumstances under which it is

impracticable for the party seeking discovery to

obtain facts or opinions on the same subject by other

means.

(C) Unless manifest injustice would result, (i) the

court shall require that the party seeking discovery

pay the expert a reasonable fee for time spent in

responding to discovery under this subdivision; and

(ii) with respect to discovery obtained under

subdivision (b)(5)(B) of this rule the court shall

require the party seeking discovery to pay the other

party a fair portion of the fees and expenses

reasonably incurred by the latter party in obtaining

facts and opinions from the expert.

HRCP--26 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 26

(6) CLAIMS OF PRIVILEGE OR PROTECTION OF

TRIAL PREPARATION MATERIALS. When a party

withholds information otherwise discoverable under

these rules by claiming that it is privileged or subject

to protection as trial preparation material, the party

shall make the claim expressly and shall describe the

nature of the documents, communications, or things

not produced or disclosed in a manner that, without

revealing information itself privileged or protected,

will enable other parties to assess the applicability of

the privilege or protection.

(c) Protective Orders. Upon motion by a party

or by the person from whom discovery is sought,

accompanied by a certification that the movant has in

good faith conferred or attempted to confer with other

affected parties in an effort to resolve the dispute

without court action, and for good cause shown, the

court in which the action is pending or alternatively,

on matters relating to a deposition, the court in the

circuit where the deposition is to be taken may make

any order which justice requires to protect a party or

person from annoyance, embarrassment, oppression,

or undue burden or expense, including one or more of

the following: (1) that the disclosure or discovery not

be had; (2) that the disclosure or discovery may be

had only on specified terms and conditions, including

a designation of the time or place; (3) that the

discovery may be had only by a method of discovery

other than that selected by the party seeking

discovery; (4) that certain matters not be inquired

into, or that the scope of the disclosure or discovery

be limited to certain matters; (5) that discovery be

conducted with no one present except persons

designated by the court; (6) that a deposition, after

being sealed, be opened only by order of the court;

(7) that a trade secret or other confidential research,

development, or commercial information not be

revealed or be revealed only in a designated way; and

(8) that the parties simultaneously file specified

documents or information enclosed in sealed

envelopes to be opened as directed by the court. A

party has standing to move for a protective order with

respect to discovery directed at a non-party on the

basis of annoyance, embarrassment, oppression, or

undue burden or expense that the moving party will

bear. A non-party from another state from whom

discovery is sought may move for a protective order

from a court in the state where the discovery is sought

or, alternatively, from this Court provided the non-

party agrees to be bound by the decision of this Court

as to the discovery in question.

If the motion for a protective order is denied in

whole or in part, the court may, on such terms and

conditions as are just, order that any party or person

provide or permit discovery. The provisions of Rule

37(a)(4) apply to the award of expenses incurred in

relation to the motion.

(d) Sequence and Timing of Discovery. Unless

the court upon motion, for the convenience of parties

and witnesses and in the interests of justice, orders

otherwise, methods of discovery may be used in any

sequence, and the fact that a party is conducting

discovery, whether by deposition or otherwise, shall

not operate to delay any other party's discovery.

(e) Supplementation of Responses. A party

who has responded to a request for discovery with a

response that was complete when made is under no

duty to supplement his or her response to include

information thereafter acquired, except as follows:

(1) A party is under a duty seasonably to

supplement his response with respect to any question

directly addressed to (A) the identity and location of

persons having knowledge of discoverable matters,

and (B) the identity of each person expected to be

called as an expert witness at trial, the subject matter

on which he or she is expected to testify, and the

substance of his or her testimony.

(2) A party is under a duty seasonably to amend

a prior response to an interrogatory, request for

production, or request for admission if the party

learns that (A) the response is in some material

respect incomplete or incorrect or (B) the response

omits information which if disclosed could lead to

the discovery of additional admissible evidence.

(3) A duty to supplement responses may be

imposed by order of the court, agreement of the

parties, or at any time prior to trial through new

requests for supplementation of prior responses.

(f) Discovery Conference. At any time after the

commencement of an action the court may direct the

attorneys for the parties to appear before it for a

conference on the subject of discovery. The court

shall do so upon motion by the attorney for any party

if the motion includes:

(Release: 12/21) HRCP--27

Rule 26 HAWAI#I RULES OF CIVIL PROCEDURE

(1) A statement of the issues as they then appear;

(2) A proposed plan and schedule of discovery;

(3) Any limitations proposed to be placed on

discovery;

(4) Any other proposed orders with respect to

discovery; and

(5) A statement showing that the attorney making

the motion has made a reasonable effort to reach

agreement with opposing attorneys on the matters set

forth in the motion. Notice of the motion shall be

served on all parties. Objections or additions to

matters set forth in the motion shall be served not

later than 10 days after service of the motion.

Each party and the party's attorney are under a

duty to participate in good faith in the framing of a

discovery plan if a plan is proposed by the court or by

the attorney for any party.

Following the discovery conference, the court

shall enter an order tentatively identifying the issues

for discovery purposes, establishing a plan and

schedule for discovery, setting limitations on

discovery, if any; and determining such other

matters, including the allocation of expenses and the

appointment of a discovery master, as are necessary

for the proper management of discovery in the action.

An order may be altered or amended whenever justice

so requires.

Subject to the right of a party who properly

moves for a discovery conference to prompt

convening of the conference, the court may combine

the discovery conference with a pretrial conference

authorized by Rule 16.

(g) Signing of Discovery Requests, Responses,

and Objections.

(1) Every discovery request, response, or

objection made by a party represented by an attorney

shall be signed by at least one attorney of record in

the attorney’s individual name, whose address shall

be stated. An unrepresented party shall sign the

request, response, or objection and state the party’s

address. The signature of the attorney or party

constitutes a certification that to the best of the

signer’s knowledge, information, and belief, formed

after a reasonable inquiry, the request, response, or

objection is:

(A) consistent with these rules and warranted by

existing law or a good faith argument for the

extension, modification, or reversal of existing law;

(B) not interposed for any improper purpose,

such as to harass or to cause unnecessary delay or

needless increase in the cost of litigation; and

(C) not unreasonable or unduly burdensome or

expensive, given the needs of the case, the discovery

already had in the case, the amount in controversy,

and the importance of the issues at stake in the

litigation.

If a request, response, or objection is not signed,

it shall be stricken unless it is signed promptly after

the omission is called to the attention of the party

making the request, response or objection and a party

shall not be obligated to take any action with respect

to it until it is signed.

(2) If without substantial justification a

certification is made in violation of the rule, the

court, upon motion or upon its own initiative, shall

impose upon the person who made the certification,

the party on whose behalf the request, response, or

objection is made, or both, an appropriate sanction,

which may include an order to pay the amount of the

reasonable expenses incurred because of the

violation, including a reasonable attorney's fee.

(Amended May 15, 1972, effective July 1, 1972;

further amended July 26, 1990, effective September

1, 1990; further amended September 11, 1996,

effective January 1, 1997; further amended May 7,

2004, effective July 1, 2004; further amended August

29, 2014, effective January 1, 2015.)

HRCP--28 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 26

Rule 26

Effective January 1, 2022

Rule 26. GENERAL PROVISIONS

GOVERNING DISCOVERY.

(a) Required disclosures.

(1) I

NITIAL DISCLOSURE.

(A) Except as exempted by Rule 26(a)(1)(B)

of this Rule or as otherwise stipulated or ordered

by the court, a party must, without awaiting a

discovery request, provide to all other parties:

(i) the name and, if known, the address and

telephone number of all witnesses, other than

those retained or specially employed by the

disclosing party to present evidence under Rule

702 of the Hawai‘i Rules of Evidence or those

w

hose duties as the disclosing party’s employee

regularly involve giving such testimony,

reasonably expected to be called at trial by the

disclosing party, and a general statement

concerning the nature of the testimony expected,

unless the use would be solely for impeachment;

(i

i) a copy - or a description by category and

location - of all documents, electronically stored

information, and tangible things that the disclosing

party has in its possession, custody, or control that

may be used to support the disclosing party’s

claims or defenses, unless the use would be solely

for impeachment;

(iii) a computation of each category of

damages claimed by the disclosing party - who

must also make available for inspection and

copying as under Rule 34 of these Rules the

documents or other evidentiary material, unless

privileged or protected from disclosure, on which

each computation is based, including materials

bearing on the nature and extent of injuries

suffered; and

(iv) for inspection and copying as under Rule

34 of these Rules:

(a) the declarations page(s) of any insurance

agreement under which an insurance business

may be liable to satisfy all or part of a possible

judgment in the action or to indemnify or

reimburse for payments made to satisfy the

judgment; and

(b) any reservation of rights letter(s)

received by the disclosing party.

(B) Proceedings exempt from initial

disclosure. The following categories of civil

actions are exempt from initial disclosure:

(i) foreclosure;

(ii) cases included in and not exempted from

the Court Annexed Arbitration Program

established by Hawai‘i Revised Statutes § 601-20;

(iii) agency appeals pursuant to Hawai‘i

Revised Statutes;

(iv) consumer debt collection;

(v) quiet title; and

(vi) asbestos.

(C) Time for initial disclosures - In General.

A party must make the initial disclosures at or

within 14 days after the parties’ Rule 26(f)

conference unless a different time is set by

stipulation or court order, or unless a party objects

during the Rule 26(f) conference that initial

disclosures are not appropriate in this action and

states the objection in the proposed discovery

plan. During the scheduling conference held

pursuant to Rule 16 of these Rules and Rule 12 of

the Rules of the Circuit Courts of the State of

Hawai‘i, the court must rule on any objection,

det

ermine what disclosures, if any, are to be made,

and set the time for disclosure, if any.

(D) T

ime for initial disclosures - for parties

served or joined later. A party that is first served

or otherwise joined after the Rule 26(f) conference

must make the initial disclosures within 30 days

after being served or joined, unless a different

time is set by stipulation or court order.

(E) Basis for initial disclosure; unacceptable

excuses. A party must make its initial disclosures

based on the information then reasonably

available to it. A party is not excused from

making its disclosures because it has not fully

investigated the case or because it challenges the

sufficiency of another party’s disclosures or

because another party has not made its

disclosures.

(Release: 12/21) HRCP--29

Rule 26 HAWAI‘I RULES OF CIVIL PROCEDURE

(2) EXPERT DISCLOSURES.

(A) Expert witnesses who must provide a

written report. Except in actions exempt from

initial disclosure under Rule 26(a)(1)(B) of this

Rule or as otherwise stipulated or ordered by the

court, a party must, without awaiting a discovery

request, provide to all other parties:

(i) the name and, if known, the address and

telephone number of

(a) all witnesses retained or specially

employed by the disclosing party to present

evidence at trial under Rule 702 of the Hawai‘i

Rules

of Evidence; and

(b) all w

itnesses whose duties as the

disclosing party’s employee regularly involve

giving testimony under Rule 702 of the Hawai‘i

Rules of Evidence and who are reasonably

expected to be called at trial by the disclosing

party.

(ii) a written report prepared and signed by

each witness identified pursuant to this Rule

26(a)(2)(A). The report must contain:

(a) a complete statement of all opinions the

witness will express and the basis and reasons for

each opinion;

(b) the facts and data considered by the

witness in forming the opinions;

(c) a statement of the compensation paid,

and to be paid, for the witness’s work in the case;

(d) the witness’s qualifications, including a

list of all publications authored in the previous 10

years; and

(e) the case name, docket number, and state

or federal jurisdiction of each case in which the

witness has provided expert opinion testimony for

the 3 year period preceding the date of the report.

(B) Expert witnesses who are not required to

provide a written report. Except in actions

exempt from initial disclosure under Rule

26(a)(1)(B) of this Rule or as otherwise stipulated

or ordered by the court, for witnesses who a party

reasonably expects to call at trial to present

evidence under Rule 702 of the Hawai‘i Rules of

Evide

nce but who are not required to provide a

written report under Rule 26(a)(2)(A) of this Rule,

a part

y must disclose to all other parties, without

awaiting a discovery request:

(i) the name and, if known, the address and

telephone number of the witness;

(ii) the subject matter on which the witness

is expected to present evidence under Rule 702 of

the Hawai‘i Rules of Evidence; and

(iii) a summary of the facts and opinions to

which the witness is expected to testify.

(C) Time to disclose expert testimony.

Unless otherwise stipulated or ordered by the

court, the parties must make the disclosures

required by this Rule 26(a)(2) as follows:

(i) a party having the burden of proof on a

claim for relief or an affirmative defense must

serve the related disclosures no later than 120

days before the date set for trial;

(ii) a party opposing a claim for relief or an

affirmative defense must serve the related

disclosures no later than 90 days before the date

set for trial; and

(iii) a party intending to present evidence

solely to rebut evidence on the subject matter

identified for the first time by another party under

this Rule 26(a)(2)(C)(ii) must serve the related

disclosures no later than 60 days before the date

set for trial.

(3) S

UPPLEMENTING DISCLOSURES. A party

who has made a disclosure under Rule 26(a) of

this Rule must supplement or correct its

disclosure:

(A) in a timely manner if the party learns that

in some material respect the disclosure is

incomplete or incorrect, and if the additional or

corrective information has not otherwise been

made known to the other parties during the

discovery process or in writing; or

(B) as ordered by the court.

(b) Discovery scope and limits. Unless

otherwise limited by order of the court in

accordance with these rules, the scope of

discovery is as follows:

HRCP--30 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 26

(1) IN GENERAL.

(A) Parties may obtain discovery regarding

any matter, not privileged, which is relevant to the

subject matter involved in the pending action,

whether it relates to the claim or defense of the

party seeking discovery or to the claim or defense

of any other party, including the existence,

description, nature, custody, condition and

location of any books, documents, electronically

stored information or tangible things and the

identity and location of persons having knowledge

of any discoverable matter. It is not ground for

objection that the information sought will be

inadmissible at the trial if the discovery appears

reasonably calculated to lead to the discovery of

admissible evidence. All discovery is subject to

the limitations imposed by Rule 26(b)(1)(B) and

26(b)(2)(i), (ii), and (iii) of this Rule.

(B) A party need not provide discovery of

electronically stored information from sources that

the party identifies as not reasonably accessible

because of undue burden or expense. On motion

to compel discovery or for a protective order, the

party from whom discovery is sought must show

that the information is not reasonably accessible

because of undue burden or expense. If that

showing is made, the Court may nonetheless order

disclosure or discovery from such sources if the

requesting party shows good cause considering

the limitations of Rule 26(b)(2) of this Rule. The

Court may specify conditions for the disclosure of

discovery.

(2) L

IMITATIONS. By order, and subject to

the provisions of Rule 16.1 of these Rules in

expedited-track cases, the court may alter the

limits in these Rules on the number of depositions

and interrogatories, the length of depositions

under Rule 30 of these Rules and the number of

requests under Rule 36 of these Rules. The

frequency or extent of use of the discovery

methods otherwise permitted under these rules

shall be limited by the court if it determines that:

(i) the discovery sought is unreasonably

cumulative or duplicative, or is obtainable from

some other source that is more convenient, less

burdensome, or less expensive;

(ii) the party seeking discovery has had

ample opportunity by discovery in the action to

obtain the information sought; or

(iii) the burden or expense of the proposed

discovery outweighs its likely benefit, taking into

account the needs of the case, the amount in

controversy, limitations on the parties’ resources,

the importance of the issues at stake in the

litigation, and the importance of the proposed

discovery in resolving the issues. The court may

act upon its own initiative after reasonable notice

or pursuant to a motion under Rule 26(c) of this

Rule.

(3) I

NSURANCE AGREEMENTS. A party may

obtain discovery of the existence and contents of

any insurance agreement under which any person

carrying on an insurance business may be liable to

satisfy part or all of a judgment which may be

entered in the action or to indemnify or reimburse

for payments made to satisfy the judgment.

Information concerning the insurance agreement

is not by reason of disclosure admissible in

evidence at trial. For purposes of this paragraph,

an application for insurance shall not be treated as

part of an insurance agreement.

(4) T

RIAL PREPARATION: MATERIALS. A

party may obtain discovery of documents,

electronically stored information, and tangible

things otherwise discoverable under subdivision

(b)(1) of this Rule and prepared in anticipation of

litigation or for trial by or for another party or by

or for that other party’s representative (including

the other party’s attorney, consultant, surety,

indemnitor, insurer, or agent) only upon a

showing that the party seeking discovery has

substantial need of the materials in the preparation

of the party’s case and that the party is unable

without undue hardship to obtain the substantial

equivalent of the materials by other means. In

ordering discovery of such materials when the

required showing has been made, the court shall

protect against disclosure of the mental

impressions, conclusions, opinions, or legal

theories of an attorney or other representative of

a party concerning the litigation.

(Release: 12/21) HRCP--31

Rule 26 HAWAI‘I RULES OF CIVIL PROCEDURE

A party may obtain without the required

showing a statement concerning the action or its

subject matter previously made by that party.

Upon request, a person not a party may obtain

without the required showing a statement

concerning the action or its subject matter

previously made by that person. If the request is

refused, the person may move for a court order.

The provisions of Rule 37(a)(4) of these Rules

apply to the award of expenses incurred in relation

to the motion. For purposes of this paragraph, a

statement previously made is (A) a written

statement signed or otherwise adopted or

approved by the person making it, or (B) a

stenographic, mechanical, electrical, or other

recording, or a transcription thereof, which is a

substantially verbatim recital of an oral statement

by the person making it and contemporaneously

recorded.

(5) T

RIAL PREPARATION: EXPERTS.

(A) Subject to the provisions of Rule 16.1 of

these Rules in expedited-track cases, a party may

depose any person who has been identified as an

expert whose opinions may be presented at trial.

If Rule 26(a)(2)(A) of this Rule requires a report

from the expert, the deposition may be conducted

only after the report is provided

(B) Trial-preparation protection for draft

reports or disclosures. Rule 26(b)(4) of this Rule

protects drafts of any report or disclosure required

under Rule 26(a)(2) of this Rule, regardless of the

form in which the draft is recorded.

(C) Trial-preparation protection for

communications between a party’s attorney and

expert witnesses. Rule 26(b)(4) of this Rule

protects communications between the party’s

attorney and any witness required to provide a

report under Rule 26(a)(2)(A) of this Rule,

regardless of the form of the communications,

except to the extent that the communications:

(i) relate to compensation for the expert’s

study or testimony;

(ii) identify facts or data that the party’s

attorney provided and that the expert considered

in forming the opinions to be expressed; or

(iii) identify assumptions that the party’s

attorney provided and that the expert relied on in

forming the opinions to be expressed.

(D) Subject to the provisions of Rule 16.1 of

these Rules in expedited-track cases, a party may,

through interrogatories and/or by deposition,

discover facts known or opinions held by an

expert who has been retained or specially

employed by another party in anticipation of

litigation or preparation for trial and who is not

expected to be called as a witness at trial, only as

provided in Rule 35(b) of these Rules or upon a

showing of exceptional circumstances under

which it is impracticable for the party seeking

discovery to obtain facts or opinions on the same

subject by other means.

(E) Unless manifest injustice would result, (i)

the court shall require that the party seeking

discovery pay the expert a reasonable fee for time

spent in responding to discovery under Rule

26(b)(5)(A) or Rule 26(b)(5)(D) of this Rule; and

(ii) with respect to discovery obtained under Rule

26(b)(5)(D) of this Rule the court shall require the

party seeking discovery to pay the other party a

fair portion of the fees and expenses reasonably

incurred by the latter party in obtaining facts and

opinions from the expert.

(6) C

LAIMS OFPRIVILEGE OR PROTECTIONOF

TRIAL PREPARATION MATERIALS. When a party

withholds information otherwise discoverable

under these rules by claiming that it is privileged

or subject to protection as trial preparation

material, the party shall make the claim expressly

and shall describe the nature of the documents,

communications, or things not produced or

disclosed in a manner that, without revealing

information itself privileged or protected, will

enable other parties to assess the applicability of

the privilege or protection.

HRCP--32 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 26

(c) Protective Orders. Upon motion by a

party or by the person from whom discovery is

sought, accompanied by a certification that the

movant has in good faith conferred or attempted to

confer with other affected parties in an effort to

resolve the dispute without court action, and for

good cause shown, the court in which the action is

pending or alternatively, on matters relating to a

deposition, the court in the circuit where the

deposition is to be taken may make any order

which justice requires to protect a party or person

from annoyance, embarrassment, oppression, or

undue burden or expense, including one or more

of the following: (1) that the disclosure or

discovery not be had; (2) that the disclosure or

discovery may be had only on specified terms and

conditions, including a designation of the time or

place; (3) that the discovery may be had only by a

method of discovery other than that selected by

the party seeking discovery; (4) that certain

matters not be inquired into, or that the scope of

the disclosure or discovery be limited to certain

matters; (5) that discovery be conducted with no

one present except persons designated by the

court; (6) that a deposition, after being sealed, be

opened only by order of the court; (7) that a trade

secret or other confidential research, development,

or commercial information not be revealed or be

revealed only in a designated way; and (8) that the

parties simultaneously file specified documents or

information enclosed in sealed envelopes to be

opened as directed by the court. A party has

standing to move for a protective order with

respect to discovery directed at a non-party on the

basis of annoyance, embarrassment, oppression, or

undue burden or expense that the moving party

will bear. A non-party from another state from

whom discovery is sought may move for a

protective order from a court in the state where the

discovery is sought or, alternatively, from this

Court provided the non-party agrees to be bound

by the decision of this Court as to the discovery in

question.

If the motion for a protective order is denied

in whole or in part, the court may, on such terms

and conditions as are just, order that any party or

person provide or permit discovery. The

provisions of Rule 37(a)(4) apply to the award of

expenses incurred in relation to the motion.

(d) Timing and Sequence of Discovery.

(1) T

IMING. A party may not seek discovery

from any source before the parties have conferred

as required by Rule 26(f) of this Rule, except in a

proceeding exempted from initial disclosure under

Rule 26(a)(1)(B) of this Rule, or when authorized

by these rules, by stipulation, or by court order.

(2) S

EQUENCE. Unless the court upon

motion, for the convenience of parties and

witnesses and in the interests of justice, orders

otherwise, methods of discovery may be used in

any sequence, and the fact that a party is

conducting discovery, whether by deposition or

otherwise, shall not operate to delay any other

party’s discovery.

(e) Supplementation of Responses. A party

who has responded to a request for discovery with

a response that was complete when made is under

no duty to supplement the party’s response to

include information thereafter acquired, except as

follows:

(1) A party is under a duty seasonably to

supplement the party’s response with respect to

any question directly addressed to (A) the identity

and location of persons having knowledge of

discoverable matters, and (B) the identity of each

person expected to be called as an expert witness

at trial, the subject matter on which the expert

witness is expected to testify, and the substance of

the expert witness’s testimony.

(2) A party is under a duty seasonably to

amend a prior response to an interrogatory,

request for production, or request for admission if

the party learns that (A) the response is in some

material respect incomplete or incorrect or (B) the

response omits information which if disclosed

could lead to the discovery of additional

admissible evidence.

(Release: 12/21) HRCP--33

Rule 26 HAWAI‘I RULES OF CIVIL PROCEDURE

(3) A duty to supplement responses may be

imposed by order of the court, agreement of the

parties, or at any time prior to trial through new

requests for supplementation of prior responses.

(f) Conference of the parties; planning for

discovery.

(1) C

ONFERENCE TIMING. Except in a

proceeding exempted from initial disclosure under

Rule 26(a)(1)(B) of this Rule or when the court

orders otherwise, the parties must confer as soon

as practicable - and in any event at least 21 days

before a scheduling conference is to be held under

Rule 16(b) of these Rules.

(2) C

ONFERENCE CONTENT; PARTIES’

RESPONSIBILITIES. In conferring, the parties must

consider the nature and basis of their claims and

defenses and the possibilities for promptly settling

or resolving the case, make or arrange for the

disclosures required by Rule 26(a)(1) of this Rule,

discuss any issues about preserving discoverable

information, and develop a proposed discovery

plan. The attorneys of record and all self-

represented parties that have appeared in the case

are jointly responsible for arranging the

conference, for attempting in good faith to agree

on the proposed discovery plan, and for

submitting to the court within 14 days after the

conference a written report outlining the plan.

The court may order the parties or attorneys to

attend the conference in person.

(3) D

ISCOVERY PLAN. A discovery plan

must state the parties’ views and proposals on:

(A) what changes should be made in the

timing, form, or requirements for disclosures

under Rule 26(a) of this Rule, including a

statement of when initial disclosures were made or

will be made;

(B) the subjects on which discovery may be

needed, when discovery should be completed, and

whether discovery should be conducted in phases

or be limited to or focused on particular issues;

(C) any issues about disclosure, discovery, or

preservation of electronically stored information,

including the form or forms in which it should be

produced;

(D) any issues about claims of privilege or of

protection as trial-preparation materials, including

- if the parties agree on a procedure to assert these

claims after production - whether to ask the court

to include their agreement in an order under Rule

502 of the Hawai‘i Rules of Evidence;

(E) what changes should be made in the

limitations on discovery imposed under these

rules or by the Rules of the Circuit Courts of the

State of Hawai‘i, and what other limitations

sho

uld be imposed; and

(F) any

other orders that the court should

issue under Rule 26(c) of this Rule or under Rule

16(b) and (c) of these Rules.

(g) Discovery Conference. At any time

after the commencement of an action the court

may direct the attorneys for the parties to appear

before it for a conference on the subject of

discovery. The court shall do so upon motion by

the attorney for any party if the motion includes:

(1) A statement of the issues as they then

appear;

(2) A proposed plan and schedule of

discovery;

(3) Any limitations proposed to be placed on

discovery;

(4) Any other proposed orders with respect to

discovery; and

(5) A statement showing that the attorney

making the motion has made a reasonable effort

to reach agreement with opposing attorneys on the

matters set forth in the motion. Notice of the

motion shall be served on all parties. Objections

or additions to matters set forth in the motion

shall be served not later than 10 days after service

of the motion.

Each party and the party’s attorney are under

a duty to participate in good faith in the framing

of a discovery plan if a plan is proposed by the

court or by the attorney for any party.

HRCP--34 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 27

Following the discovery conference, the court

shall enter an order tentatively identifying the

issues for discovery purposes, establishing a plan

and schedule for discovery, setting limitations on

discovery, if any, and determining such other

matters, including the allocation of expenses and

the appointment of a discovery master, as are

necessary for the proper management of discovery

in the action. An order may be altered or amended

whenever justice so requires.

Subject to the right of a party who properly

moves for a discovery conference to prompt

convening of the conference, the court may

combine the discovery conference with a pretrial

conference authorized by Rule 16 of these Rules.

(h) Signing of Discovery Requests,

Responses, and Objections.

(1) Every discovery request, response, or

objection made by a party represented by an

attorney shall be signed by at least 1 attorney of

record in the attorney’s individual name, whose

address shall be stated. A self-represented party

shall sign the request, response, or objection and

state the party’s address. The signature of the

attorney or party constitutes a certification that to

the best of the signer’s knowledge, information,

and belief, formed after a reasonable inquiry, the

request, response, or objection is:

(A) consistent with these rules and warranted

by existing law or a good faith argument for the

extension, modification, or reversal of existing

law;

(B) not interposed for any improper purpose,

such as to harass or to cause unnecessary delay or

needless increase in the cost of litigation; and

(C) not unreasonable or unduly burdensome

or expensive, given the needs of the case, the

discovery already had in the case, the amount in

controversy, and the importance of the issues at

stake in the litigation.

If a request, response, or objection is not

signed, it shall be stricken unless it is signed

promptly after the omission is called to the

attention of the party making the request, response

or objection and a party shall not be obligated to

take any action with respect to it until it is signed.

(2) If without substantial justification a

certification is made in violation of the rule, the

court, upon motion or upon its own initiative,

shall impose upon the person who made the

certification, the party on whose behalf the

request, response, or objection is made, or both,

an appropriate sanction, which may include an

order to pay the amount of the reasonable

expenses incurred because of the violation,

including a reasonable attorney’s fee.

(Amended May 15, 1972, effective July 1,

1972; further amended July 26, 1990, effective

September 1, 1990; further amended September

11, 1996, effective January 1, 1997; further

amended May 7, 2004, effective July 1, 2004;

further amended August 29, 2014, effective

January 1, 2015; further amended October 8,

2020, effective January 1, 2021; further amended

November 5, 2020, to extend effective date to July

1, 2021; further amended March 30, 2021, to

extend effective date to January 1, 2022; further

amended August 3, 2021, effective January 1,

2022.)

Rule 27. DEPOSITIONS BEFORE ACTION

OR PENDING APPEAL.

(a) Before Action.

(1) P

ETITION. A person who desires to

perpetuate testimony regarding any matter that may

be cognizable in any court of this State may file a

verified petition in the circuit court in the circuit of

the residence of any expected adverse party. The

petition shall be entitled in the name of the petitioner

and shall show: (A) that the petitioner expects to be

a party to an action cognizable in a court of this State

but is presently unable to bring it or cause it to be

brought, (B) the subject matter of the expected action

and the petitioner’s interest therein, (C) the facts

which the petitioner desires to establish by the

proposed testimony and the reasons for desiring to

perpetuate it, (D) the names or a description of the

persons the petitioner expects will be adverse parties

and their addresses so far as known, and (E) the

names and addresses of the persons to be examined

and the substance of the testimony which the

petitioner expects to elicit from each, and shall ask

(Release: 12/21) HRCP--35

Rule 27 HAWAI‘I RULES OF CIVIL PROCEDURE

for an order authorizing the petitioner to take the

depositions of the persons to be examined named in

the petition, for the purpose of perpetuating their

testimony.

(2) N

OTICE AND SERVICE. The petitioner shall

thereafter serve a notice upon each person named in

the petition as an expected adverse party, together

with a copy of the petition, stating that the petitioner

will apply to the court, at a time and place named

therein, for the order described in the petition. At

least 20 days before the date of hearing the notice

shall be served either within or without the State in

the manner provided in Rule 4(d) for service of

summons; but if such service cannot with due

diligence be made upon any expected adverse party

named in the petition, the court may make such order

as is just for service by publication or otherwise, and

shall appoint, for persons not served in the manner

provided in Rule 4(d), an attorney who shall represent

them, and, in case they are not otherwise represented,

shall cross-examine the deponent. If any expected

adverse party is a minor or incompetent the

provisions of Rule 17(c) apply.

(3) O

RDER AND EXAMINATION. If the court is

satisfied that the perpetuation of the testimony may

prevent a failure or delay of justice, it shall make an

order designating or describing the persons whose

depositions may be taken and specifying the subject

matter of the examination and whether the

depositions shall be taken upon oral examination or

written interrogatories. The depositions may then be

taken in accordance with these rules; and the court

may make orders of the character provided for by

Rules 34 and 35. For the purpose of applying these

rules to depositions for perpetuating testimony, each

reference therein to the court in which the action is

pending shall be deemed to refer to the court in which

the petition for such deposition was filed.

(4) U

SE OF DEPOSITION. If a deposition to

perpetuate testimony is taken under these rules or if,

although not so taken, it would be admissible in

evidence in the courts of the United States or of the

state, territory or insular possession of the United

States in which it is taken, it may be used in any

action involving the same subject matter subsequently

brought in the Hawai‘i courts in accordance with the

pr

ovisions of Rule 32(a).

(b) Pe

nding Appeal. If an appeal has been

taken from a judgment of a circuit court or before the

taking of an appeal if the time therefor has not

expired, the court in which the judgment was

rendered may allow the taking of the depositions of

witnesses to perpetuate their testimony for use in the

event of further proceedings in the court. In such case

the party who desires to perpetuate the testimony

may make a motion in the court for leave to take the

depositions, upon the same notice and service thereof

as if the action was pending in the court. The motion

shall show (1) the names and addresses of the persons

to be examined and the substance of the testimony

which the party expects to elicit from each; and (2)

the reasons for perpetuating their testimony. If the

court finds that the perpetuation of the testimony is

proper to avoid a failure or delay of justice, it may

make an order allowing the depositions to be taken

and may make orders of the character provided for by

Rules 34 and 35, and thereupon the depositions may

be taken and used in the same manner and under the

same conditions as are prescribed in these rules for

depositions taken in actions pending in the court.

(c) Perpetuation by Action. This rule does not

limit the power of a court to entertain an action to

perpetuate testimony.

(Amended May 7, 2004, effective July 1, 2004.)

Rule 28. P E R S O N S B E F O R E W H O M

DEPOSITIONS MAY BE TAKEN.

(a) Within the United States. Within the

United States or within a territory or insular

possession subject to the jurisdiction of the United

States, depositions shall be taken before an officer

authorized to administer oaths by the laws of this

State or of the United States or of the place where the

examination is held, or before a person appointed by

the court in which the action is pending. A person so

appointed has power to administer oaths and take

testimony. The term officer as used in Rules 30, 31

and 32 includes a person appointed by the court or

designated by the parties under Rule 29.

(b) In Foreign Countries. Depositions may be

taken in a foreign country (1) pursuant to any

applicable treaty or convention, or (2) pursuant to a

letter of request (whether or not captioned a letter

rogatory), or (3) on notice before a person authorized

to administer oaths in the place in which the

examination is held, either by the law thereof or by

the law of the United States, or (4) before a person

commissioned by the court, and a person so

HRCP--36 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 29

commissioned shall have the power by virtue of the

commission to administer any necessary oath and

take testimony. A commission or a letter of request

shall be issued on application and notice and on terms

that are just and appropriate. It is not requisite to the

issuance of a commission or a letter of request that

the taking of the deposition in any other manner is

impracticable or inconvenient; and both a

commission and a letter of request may be issued in

proper cases. A notice or commission may designate

the person before whom the deposition is to be taken

either by name or descriptive title. A letter of request

may be addressed "To the Appropriate Authority in

[here name the country]." When a letter of request

or any other device is used pursuant to any applicable

treaty or convention, it shall be captioned in the form

prescribed by that treaty or convention. Evidence

obtained in response to a letter of request need not be

excluded merely because it is not a verbatim

transcript, because the testimony was not taken under

oath, or because of any similar departure from the

requirements for depositions taken within the United

States under these rules.

(c) Disqualification for Interest. No

deposition shall be taken before a person who is a

relative or employee or attorney or counsel of any of

the parties, or is a relative or employee of such

attorney or counsel, or is financially interested in the

action.

(Amended May 7, 2004, effective July 1, 2004.)

Rule 29

Version in effect prior to January 1, 2022

Rule 29. STIPULATIONS REGARDING

DISCOVERY PROCEDURE.

Unless otherwise directed by the court, the parties

may by written stipulation (1) provide that

depositions may be taken before any person, at any

time or place, upon any notice, and in any manner

and when so taken may be used like other

depositions, and (2) modify other procedures

governing or limitations placed upon discovery,

except that (a) the limitations on discovery set forth

in Rule 16.1(c) of these Rules for expedited-track

cases may only be modified as provided in that rule;

and (b) stipulations extending the time provided in

Rules 33, 34, and 36 of these Rules for responses to

discovery may, if they would interfere with any time

set for completion of discovery, for hearing of a

motion, or for trial, be made only with the approval

of the court.

(Amended May 15, 1972, effective July 1, 1972;

further amended May 7, 2004, effective July 1, 2004.)

Rule 29

E

ffective January 1, 2022

Rul

e 29. STIPULATIONS REGARDING

DISCOVERY PROCEDURE.

Unless otherwise directed by the court, the

parties may by written stipulation (1) provide that

depositions may be taken before any person, at

any time or place, upon any notice, and in any

manner and when so taken may be used like other

depositions, and (2) modify other procedures

governing or limitations placed upon discovery,

except that:

(a) the limitations on discovery set forth in

Rule 16.1(c) of these Rules for expedited-track

cases may only be modified as provided in that

rule; and

(b) stipulations extending the time provided

in Rules 33, 34, and 36 of these Rules for

responses to discovery may, if they would

interfere with any time set for completion of

discovery, for hearing of a motion, or for trial, be

made only with the approval of the court.

(Amended May 15, 1972, effective July 1,

1972; further amended May 7, 2004, effective July

1, 2004; further amended October 8, 2020,

effective January 1, 2021; further amended

November 5, 2020, to extend effective date to July

1, 2021; further amended March 30, 2021, to

extend effective date to January 1, 2022.)

(Release: 12/21) HRCP--37

Rule 30 HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 30. DEPOSITIONS UPON ORAL

EXAMINATION.

(a) When Depositions May Be Taken; When

Leave Required.

(1) After commencement of the action, any party

may take the testimony of any person, including a

party, by deposition upon oral examination. Leave of

court, granted with or without notice, must be

obtained only (A) if the plaintiff seeks to take a

deposition prior to the expiration of 30 days after

service of the summons and complaint upon any

defendant or service made under Rule 4(e) of these

Rules, except that leave is not required (i) if a

defendant has served a notice of taking deposition or

otherwise sought discovery, or (ii) if special notice is

given as provided in subdivision (a)(2)(C) of this

Rule, or (B) as provided in paragraph (2) of this Rule.

The attendance of witnesses may be compelled by

subpoena as provided in Rule 45 of these Rules.

(2) A party must obtain leave of court, which

shall be granted to the extent consistent with the

principles stated in Rule 26(b)(2) of these Rules, if

the person to be examined is confined in prison or if,

without the written stipulation of the parties:

(A) a proposed deposition would result in more

than 10 depositions being taken under this Rule or

Rule 31of these Rules by the plaintiffs, or by the

defendants, or by third-party defendants;

(B) the person to be examined already has been

deposed in the case; or

(C) a plaintiff seeks to take a deposition before

the expiration of the 30 day period specified in Rule

30(a)(1)(A) of these Rules unless the notice contains

a certification, with supporting facts, that the person

to be examined is about to leave the State or the

United States, or is bound on a voyage to sea, and

will be unavailable for examination unless deposed

before that time.

(b) Notice of Examination: General

Requirements; Method of Recording; Production

of Documents, Electronically Stored Information,

and Tangible Things; Deposition of Organization;

Deposition by Telephone.

(1) A party desiring to take the deposition of any

person upon oral examination shall give reasonable

notice in writing to every other party to the action.

The notice shall state the time and place for taking the

deposition and the name and address of each person

to be examined, if known, and, if the name is not

known, a general description sufficient to identify the

person or the particular class or group to which the

person belongs. If a subpoena duces tecum is to be

served on the person to be examined, the designation

of the materials to be produced as set forth in the

subpoena shall be attached to, or included in, the

notice.

(2) The party taking the deposition shall state in

the notice the method by which the testimony shall be

recorded. Unless the court orders otherwise, it may

be recorded by sound, sound-and-visual, or

stenographic means, and the party taking the

deposition shall bear the cost of the recording. Any

party may arrange for a transcription to be made from

the recording of a deposition taken by

nonstenographic means.

(3) With prior notice to the deponent and other

parties, any party may designate another method to

record the deponent's testimony in addition to the

method specified by the person taking the deposition.

The additional record or transcript shall be made at

that party's expense unless the court otherwise orders.

(4) Unless otherwise agreed by the parties, a

deposition shall be conducted before an officer

appointed or designated under Rule 28 of these Rules

and shall begin with a statement on the record by the

officer that includes (A) the officer's name and

business address; (B) the date, time and place of the

deposition; (C) the name of the deponent; (D) the

administration of the oath or affirmation to the

deponent; and (E) an identification of all persons

present. If the deposition is recorded other than

stenographically, the officer shall repeat items (A)

through (C) at the beginning of each unit of recorded

tape or other recording medium. The appearance or

demeanor of deponents or attorneys shall not be

distorted through camera or sound-recording

techniques. At the end of the deposition, the officer

shall state on the record that the deposition is

complete and shall set forth any stipulations made by

counsel concerning the custody of the transcript or

recording and the exhibits, or concerning other

pertinent matters.

HRCP--38 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 30

(5) The notice to a party deponent may be

accompanied by a request made in compliance with

Rule 34 of these Rules for the production of

documents, electronically stored information, and

tangible things at the taking of the deposition. The

procedure of Rule 34 of these Rules shall apply to the

request.

(6) A party may in the party’s notice and in a

subpoena name as the deponent a public or private

corporation or a partnership or association or

governmental agency and describe with reasonable

particularity the matters on which examination is

requested. In that event, the organization so named

shall designate one or more officers, directors, or

managing agents, or other persons who consent to

testify on its behalf, and may set forth, for each

person designated, the matters on which the person

will testify. A subpoena shall advise a non-party

organization of its duty to make such a designation.

The persons so designated shall testify as to matters

known or reasonably available to the organization.

This subdivision (b)(6) does not preclude taking a

deposition by any other procedure authorized in these

Rules.

(7) The parties may stipulate in writing or the

court may upon motion order that a deposition be

taken by telephone or other remote electronic means.

For the purposes of this Rule and Rules 28(a),

37(a)(1), and 37(b)(1) of these Rules, a deposition

taken by such means is taken in the circuit and at the

place where the deponent is to answer questions.

(8) The notice shall inform the deponent, of the

requirements of subsection (e) of this Rule in

substantially the following form:

You are hereby notified that you may request

a review of the completed transcript or

recording of your deposition. You must

make this request before the completion of

your deposition. If you make such a request,

after being notified by the court reporter or

other officer taking the deposition that the

transcript or recording is available, you will

have 30 days to: (1) review the transcript or

recording; and (2) if there are changes in

form or substance, to sign a statement

reciting such changes and the reasons for

making them.

Failure to substantially comply with this notice

requirement prior to the completion of the deposition

shall preclude the use of the transcript or recording

until the deponent has been provided 30 days within

which to review the transcript or recording, and, if

there are changes, to sign a statement reciting them

and the reasons therefor. Any changes shall be

appended to the transcript or recording.

(c) Examination and Cross-Examination;

Record of Examination; Oath; Objections.

Examination and cross-examination of witnesses may

proceed as permitted at the trial under the provisions

of the Hawai‘i Rules of Evidence except Rules 103

and

615. The officer before whom the deposition is

to be taken shall put the witness on oath or

affirmation and shall personally, or by someone

acting under the officer’s direction and in the

officer’s presence, record the testimony of the

witness. The testimony shall be taken

stenographically or recorded by any other method

authorized by subdivision (b)(2) of this Rule.

All obj

ections made at the time of the

examination to the qualifications of the officer taking

the deposition, to the manner of taking it, to the

evidence presented, to the conduct of any party, or to

any other aspect of the proceedings shall be noted by

the officer upon the record of the deposition; but the

examination shall proceed, with the testimony being

taken subject to the objections. In lieu of

participating in the oral examination, parties may

serve written questions in a sealed envelope on the

party taking the deposition and the party taking the

deposition shall transmit them to the officer, who

shall propound them to the witness and record the

answers verbatim.

(d) Schedule and Duration; Motion to

Terminate or Limit Examination.

(1) Any objection during a deposition must be

stated concisely and in a non-argumentative and non-

suggestive manner. A person may instruct a deponent

not to answer only when necessary to preserve a

privilege, to enforce a limitation directed by the

court, or to present a motion under Rule 30(d)(4) of

these Rules.

(2) Unless otherwise authorized by the court or

stipulated by the parties, a deposition is limited to 1

day of 7 hours. The court must allow additional time

consistently with Rule 26(b)(2) of these Rules if

needed for a fair examination of the deponent or if

(Release: 12/21) HRCP--39

Rule 30 HAWAI‘I RULES OF CIVIL PROCEDURE

the deponent or another person, or other

circumstance, impedes or delays the examination.

(3) If the court finds that any impediment, delay,

or other conduct has frustrated the fair examination of

the deponent, it may impose upon the persons

responsible an appropriate sanction, including the

reasonable costs and attorney's fees incurred by any

parties as a result thereof.

(4) At any time during a deposition, on motion of

a party or of the deponent and upon a showing that

the examination is being conducted in bad faith or in

such manner as unreasonably to annoy, embarrass, or

oppress the deponent or party, the court in which the

action is pending or the court in the circuit where the

deposition is being taken may order the officer

conducting the examination to cease forthwith from

taking the deposition, or may limit the scope and

manner of the taking of the deposition as provided in

Rule 26(c) of these Rules. If the order made

terminates the examination, it shall be resumed

thereafter only upon the order of the court in which

the action is pending. Upon demand of the objecting

party or deponent, the taking of the deposition must

be suspended for the time necessary to make a motion

for an order. The provisions of Rule 37(a)(4) of these

Rules apply to the award of expenses incurred in

relation to the motion.

(e) Review by Witness; Changes; Signing.

If requested by the deponent or a party before

completion of the deposition, the deponent shall have

30 days after being notified by the officer that the

transcript or recording is available in which to review

the transcript or recording and, if there are changes in

form or substance, to sign a statement reciting such

changes and the reasons given by the deponent for

making them. The officer shall indicate in the

certificate prescribed by subdivision (f)(1) of this

Rule whether any review was requested and, if so,

shall append any changes made by the deponent

during the period allowed.

(f) Certification and Delivery by Officer;

Exhibits; Copies.

(1) The officer must certify that the witness was

duly sworn by the officer and that the deposition is a

true record of the testimony given by the witness.

This certificate must be in writing and accompany the

record of the deposition. Unless otherwise ordered by

the court, the officer must securely seal the deposition

in an envelope indorsed with the title of the action

and marked "Deposition of [here insert name of

witness]" and must promptly send it to the attorney or

the unrepresented party who arranged for the

transcript or recording, who must store it under

conditions that will protect it against loss,

destruction, tampering, or deterioration. Unless the

court orders otherwise, depositions may be destroyed

6 months after the final disposition of the action,

including appeal.

Documents, electronically stored information,

and tangible things produced for inspection during

the examination of the witness must, upon the request

of a party, be marked for identification and annexed

to the deposition and may be inspected and copied by

any party, except that if the person producing the

materials desires to retain them the person may (A)

offer copies to be marked for identification and

annexed to the deposition and to serve thereafter as

originals if the person affords to all parties fair

opportunity to verify the copies by comparison with

the originals, or (B) offer the originals to be marked

for identification, after giving to each party an

opportunity to inspect and copy them, in which event

the materials may then be used in the same manner as

if annexed to the deposition. Any party may move for

an order that the original be annexed to and returned

with the deposition to the court, pending final

disposition of the case.

(2) Unless otherwise ordered by the court or

agreed by the parties, the officer shall retain

stenographic notes of any deposition taken

stenographically or a copy of the recording of any

deposition taken by another method. Upon payment

of reasonable charges therefor, the officer shall

furnish a copy of the transcript or other recording of

the deposition to any party or to the deponent.

(3) The party taking the deposition shall give

prompt notice of its filing to all other parties.

(g) Failure to Attend or to Serve Subpoena;

Expenses.

(1) If the party giving the notice of the taking of

a deposition fails to attend and proceed therewith and

another party attends in person or by attorney

pursuant to the notice, the court may order the party

giving the notice to pay to such other party the

reasonable expenses incurred by that party and that

party’s attorney in attending, including reasonable

attorney's fees.

HRCP--40 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 31

(2) If the party giving the notice of the taking of

a deposition of a witness fails to serve a subpoena

upon the witness and the witness because of such

failure does not attend, and if another party attends in

person or by attorney because that party expects the

deposition of that witness to be taken, the court may

order the party giving the notice to pay to such other

party the reasonable expenses incurred by that party

and that party’s attorney in attending, including

reasonable attorney's fees

(Amended May 17, 1972, effective July 1, 1972,

further amended March 16, 1984, partly effective

March 16, 1984, fully effective May 1, 1984; further

amended July 26, 1990, effective September 1, 1990;

further amended January 16, 1991, effective January

16, 1991; further amended May 7, 2004, effective

July 1, 2004; further amended December 30, 2008,

effective July 1, 2009; further amended August 3,

2011, effective January 1, 2012; further amended

August 29, 2014, effective January 1, 2015; further

amended October 31, 2019, effective nunc pro tunc

October 28, 2019.)

Rule 31. DEPOSITIONS UPON WRITTEN

QUESTIONS.

(a) Serving Questions; Notice.

(1) After commencement of the action, a party

may take the testimony of any person, including a

party, by deposition upon written questions without

leave of court except as provided in paragraph (2).

The attendance of witnesses may be compelled by the

use of subpoena as provided in Rule 45.

(2) A party must obtain leave of court, which

shall be granted to the extent consistent with the

principles stated in Rule 26(b)(2), if the person to be

examined is confined in prison or if, without the

written stipulation of the parties:

(A) a proposed deposition would result in more

than ten depositions being taken under this rule or

Rule 30 by the plaintiffs, or by the defendants, or by

third-party defendants; or

(B) the person to be examined has already been

deposed in the case.

(3) A party desiring to take a deposition upon

written questions shall serve them upon every other

party with a notice stating (A) the name and address

of the person who is to answer them, if known, and if

the name is not known, a general description

sufficient to identify the person or the particular class

or group to which the person belongs, and (B) the

name or descriptive title and address of the officer

before whom the deposition is to be taken. A

deposition upon written questions may be taken of a

public or private corporation or a partnership or

association or governmental agency in accordance

with the provisions of Rule 30(b)(6).

(4) Within 14 days after the notice and written

questions are served, a party may serve cross

questions upon all other parties. Within 7 days after

being served with cross questions, a party may serve

redirect questions upon all other parties. Within 7

days after being served with redirect questions, a

party may serve recross questions upon all other

parties. The court may for cause shown enlarge or

shorten the time.

(b) Officer to Take Responses and Prepare

Record. A copy of the notice and copies of all

questions served shall be delivered by the party

taking the deposition to the officer designated in the

notice, who shall proceed promptly, in the manner

provided by Rule 30(c), (e), and (f), to take the

testimony of the witness in response to the questions

and to prepare, certify, and file or mail the

deposition, attaching thereto the copy of the notice

and the questions received by the officer.

(c) Notice of Filing. When the deposition is

filed the party taking it shall promptly give notice

thereof to all other parties.

(Amended May 17, 1972, effective July 1, 1972,

further amended March 16, 1984, partly effective

March 16, 1984, fully effective May 1, 1984; further

amended July 26, 1990, effective September 1, 1990;

further amended January 16, 1991, effective January

16, 1991; further amended May 7, 2004, effective

July 1, 2004.)

(Release: 12/21) HRCP--41

Rule 32 HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 32. USE OF DEPOSITIONS IN COURT

PROCEEDINGS.

(a) Use of Depositions. At the trial or upon the

hearing of a motion or an interlocutory proceeding,

any part or all of a deposition, so far as admissible

under the rules of evidence applied as though the

witness were then present and testifying, may be used

against any party who was present or represented at

the taking of the deposition or who had reasonable

notice thereof, in accordance with any of the

following provisions:

(1) Any deposition may be used by any party for

the purpose of contradicting or impeaching the

testimony of deponent as a witness, or for any other

purpose permitted by the Hawai‘i Rules of Evidence.

(2) The deposition of a party or of anyone who at

the time of taking the deposition was an officer,

director, or managing agent, or a person designated

under Rule 30(b)(6) or 31(a) to testify on behalf of a

public or private corporation, partnership or

association or governmental agency which is a party

may be used by an adverse party for any purpose.

(3) The deposition of a witness, whether or not a

party, may be used by any party for any purpose if

the court finds: (A) that the witness is dead; or (B)

that the witness resides on an island other than that of

the place of trial or hearing, or is out of the State,

unless it appears that the absence of the witness was

procured by the party offering the deposition; or (C)

that the witness is unable to attend or testify because

of age, illness, infirmity, or imprisonment; or (D) that

the party offering the deposition has been unable to

procure the attendance of the witness by subpoena; or

(E) upon application and notice, that such exceptional

circumstances exist as to make it desirable, in the

interest of justice and with due regard to the

importance of presenting the testimony of witnesses

orally in open court, to allow the deposition to be

used.

A deposition taken without leave of court

pursuant to a notice under Rule 30(a)(2)(C) shall not

be used against a party who demonstrates that, when

served with the notice, it was unable through the

exercise of diligence to obtain counsel to represent it

at the taking of the deposition; nor shall a deposition

be used against a party who, having received less than

11 days notice of a deposition, has promptly upon

receiving such notice filed a motion for a protective

order under Rule 26(c)(2) requesting that the

deposition not be held or be held at a different time

or place and such motion is pending at the time the

deposition is held.

(4) If only part of a deposition is offered in

evidence by a party, an adverse party may require the

offeror to introduce any other part which ought in

fairness to be considered with the part introduced,

and any party may introduce any other parts.

Substitution of parties pursuant to Rule 25 does

not affect the right to use depositions previously

taken, and, when an action has been brought in any

court of the United States or of any state and another

action involving the same subject matter is afterward

brought between the same parties or their

representatives or successors in interest, all

depositions lawfully taken and duly filed in the

former action may be used in the latter as if originally

taken therefor. A deposition previously taken may

also be used as permitted by the Hawai‘i Rules of

Ev

idence.

(b) Pre

trial Disclosures. A party must provide

to other parties and promptly file with the court the

following information regarding the evidence that it

may present at trial other than solely for

impeachment: the designation of those witnesses

whose testimony is expected to be presented by

means of a deposition and, if not taken

stenographically, a transcript of the pertinent portions

of the deposition testimony. Unless otherwise

directed by the court, this information must be

disclosed at least 30 days before trial. Within 14 days

thereafter, unless a different time is specified by the

court, a party may serve and promptly file a list

disclosing (i) any objections to the use under Rule

32(a) of a deposition designated by another party,

and (ii) any objection, together with the grounds

therefor, that may be made to the admissibility of that

testimony. Objections not so disclosed, other than

objections under Rules 402 and 403 of the Hawai‘i

Rul

es of Evidence, are waived unless excused by the

court for good cause. These disclosures must be made

in writing, signed, and served.

HRCP--42 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 33

(c) Objections to Admissibility. Subject to the

provisions of Rule 28(b) and subdivision (e)(3) of

this rule, objection may be made at the trial or

hearing to receiving in evidence any deposition or

part thereof for any reason which would require the

exclusion of the evidence if the witness were then

present and testifying.

(d) Form of Presentation. Except as otherwise

directed by the court, a party offering deposition

testimony pursuant to this rule may offer it in

stenographic or nonstenographic form, but, if in

nonstenographic form, the party shall also provide the

court with a transcript of the portions so offered. On

request of any party in a case tried before a jury,

deposition testimony offered other than for

impeachment purposes shall be presented in

nonstenographic form, if available, unless the court

for good cause orders otherwise.

(e) Effect of Errors and Irregularities in

Depositions.

(1) A

S TO NOTICE. All errors and irregularities in

the notice for taking a deposition are waived unless

written objection is promptly served upon the party

giving the notice.

(2) A

S TO DISQUALIFICATION OF OFFICER.

Objection to taking a deposition because of

disqualification of the officer before whom it is to be

taken is waived unless made before the taking of the

deposition begins or as soon thereafter as the

disqualification becomes known or could be

discovered with reasonable diligence.

(3) A

S TO TAKING OF DEPOSITION.

(A) Objections to the competency of a witness or

to the competency, relevancy, or materiality of

testimony are not waived by failure to make them

before or during the taking of the deposition, unless

the ground of the objection is one which might have

been obviated or removed if presented at that time.

(B) Errors and irregularities occurring at the oral

examination in the manner of taking the deposition,

in the form of the questions or answers, in the oath or

affirmation, or in the conduct of parties, and errors of

any kind which might be obviated, removed, or cured

if promptly presented, are waived unless seasonable

objection thereto is made at the taking of the

deposition.

(C) Objections to the form of written questions

submitted under Rule 31 are waived unless served in

writing upon the party propounding them within the

time allowed for serving the succeeding cross or

other questions and within 5 days after service of the

last questions authorized.

(4) A

S TO COMPLETION AND RETURN OF

DEPOSITION. Errors and irregularities in the manner

in which the testimony is transcribed or the

deposition is prepared, signed, certified, sealed,

indorsed, transmitted, filed, or otherwise dealt with

by the officer under Rules 30 and 31 are waived

unless a motion to suppress the deposition or some

part thereof is made with reasonable promptness after

such defect is, or with due diligence might have been,

ascertained.

(Amended May 15, 1972, effective July 1, 1972;

further amended July 26, 1990, effective September

1, 1990; further amended May 7, 2004, effective July

1, 2004.)

Rule 33. INTERROGATORIES TO PARTIES.

(a) Availability. Without leave of court or

written stipulation, any party may serve upon any

other party written interrogatories, not exceeding 60

in number, counting any subparts or subquestions as

individual questions, to be answered by the party

served or, if the party served is a public or private

corporation or a partnership or association or

governmental agency, by any officer or agent, who

shall furnish such information as is available to the

party. Interrogatories may, without leave of court, be

served upon the plaintiff after commencement of the

action and upon any other party with or after service

of the summons and complaint upon that party. Leave

to serve additional interrogatories shall be granted to

the extent consistent with the principles of Rule

26(b)(2).

(b) Answers and Objections.

(1) Each interrogatory shall be answered

separately and fully in writing under oath, unless it is

objected to, in which event the objecting party shall

state the reasons for objection and shall answer to the

extent the interrogatory is not objectionable.

(2) The answers are to be signed by the person

making them, and the objections signed by the

attorney making them.

(Release: 12/21) HRCP--43

Rule 33 HAWAI‘I RULES OF CIVIL PROCEDURE

(3) The party upon whom the interrogatories have

been served shall serve a copy of the answers, and

objections if any, within 30 days after the service of

the interrogatories, except that a defendant may serve

answers or objections within 45 days after service of

the summons and complaint upon that defendant. A

shorter or longer time may be directed by the court

or, in the absence of such an order, agreed to in

writing by the parties subject to Rule 29.

(4) All grounds for an objection to an

interrogatory shall be stated with specificity. Any

ground not stated in a timely objection is waived

unless the party's failure to object is excused by the

court for good cause shown.

(5) The party submitting the interrogatories may

move for an order under Rule 37(a) with respect to

any objection to or other failure to answer an

interrogatory.

(c) Scope; Use at Trial. Interrogatories may

relate to any matters which can be inquired into under

Rule 26(b)(1), and the answers may be used to the

extent permitted by the rules of evidence.

An interrogatory otherwise proper is not

necessarily objectionable merely because an answer

to the interrogatory involves an opinion or contention

that relates to fact or the application of law to fact,

but the court may order that such an interrogatory

need not be answered until after designated discovery

has been completed or until a pre-trial conference or

other later time.

(d) Option to Produce Business Records.

Where the answer to an interrogatory may be derived

or ascertained from the business records, including

electronically stored information, of the party upon

whom the interrogatory has been served or from an

examination, audit or inspection of such business

records, including a compilation, abstract or summary

thereof, and the burden of deriving or ascertaining the

answer is substantially the same for the party serving

the interrogatory as for the party served, it is a

sufficient answer to such interrogatory to specify the

records from which the answer may be derived or

ascertained and to afford to the party serving the

interrogatory reasonable opportunity to examine,

audit or inspect such records and to make copies,

compilations, abstracts or summaries. A specification

shall be in sufficient detail to permit the interrogating

party to locate and to identify, as readily as can the

party served, the records from which the answer may

be ascertained.

(Amended May 15, 1972, effective July 1, 1972;

further amended July 26, 1990, effective September

1, 1990; further amended May 7, 2004, effective July

1, 2004; further amended August 29, 2014, effective

January 1, 2015.)

Rule 34. PRODUCTION OF DOCUMENTS,

ELECTRONICALLY STORED

INFORMATION AND TANGIBLE

THINGS AND ENTRY UPON LAND

FOR INSPECTION AND OTHER

PURPOSES.

(a) Scope. Any party may serve on any other

party a request (1) to produce and permit the party

making the request, or someone acting on the

requestor’s behalf, to inspect and copy, any

designated documents or electronically stored

information (which together include books, papers,

writings, drawings, graphs, charts, photographs,

sound recordings, images, electronic documents,

electronic mail, and other data or data compilations

from which information can be obtained, either

directly or, if necessary, after conversion by the

responding party into a reasonably usable form), or to

inspect and copy, test, or sample any tangible things

which constitute or contain matters within the scope

of Rule 26(b) and which are in the possession,

custody or control of the party upon whom the

request is served; or (2) to permit entry upon

designated land or other property in the possession or

control of the party upon whom the request is served

for the purpose of inspection and measuring,

surveying, photographing, testing, or sampling the

property or any designated object or operation

thereon, within the scope of Rule 26(b).

(b) Procedure. The request may, without leave

of court, be served upon the plaintiff after

commencement of the action and upon any other

party with or after service of the summons and

complaint upon that party. The request shall set forth,

either by individual item or by category, the items to

be inspected and describe each with reasonable

particularity. The request shall specify a reasonable

time, place, and manner of making the inspection and

performing the related acts.

HRCP--44 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 35

The party upon whom the request is served shall

serve a written response within 30 days after the

service of the request, except that a defendant may

serve a response within 45 days after service of the

summons and complaint upon that defendant. A

shorter or longer time may be directed by the court

or, in the absence of such an order, agreed to in

writing by the parties, subject to Rule 29. The

response shall state, with respect to each item or

category, that inspection and related activities will be

permitted as requested, unless the request is objected

to, in which event the reasons for the objection shall

be stated. If objection is made to part of an item or

category, the part shall be specified and inspection

permitted of the remaining parts. The party

submitting the request may move for an order under

Rule 37(a) with respect to any objection to or other

failure to respond to the request or any part thereof,

or any failure to permit inspection as requested.

A party who produces documents for inspection

shall produce them as they are kept in the usual

course of business or shall organize and label them to

correspond with the categories in the request.

(c) Persons Not Parties. A person not a party

to the action may be compelled to produce

documents, electronically stored information, and

tangible things or to submit to an inspection as

provided in Rule 45.

(d) Requests for Production of Documents or

Electronically Stored Information. A party may

state in its request the form for producing documents

or electronically stored information. The response

may state an objection to a requested form for

producing documents or electronically stored

information. If the responding party objects to a

requested form, the party must state the form or forms

it intends to use. If a request does not specify a form

for producing documents or electronically stored

information, a party must produce it in a form or

forms in which it is ordinarily maintained or in which

it is reasonably usable. Absent a showing of good

cause, a party need not produce the same documents

or electronically stored information in more than one

form.

(Amended May 15, 1972, effective July 1, 1972;

further amended July 26, 1990, effective September 1,

1990; further amended May 7, 2004, effective July

1, 2004; further amended August 29, 2014, effective

January 1, 2015.)

Rule 35. PHYSICAL AND MENTAL

EXAMINATION OF PERSONS.

(a) Order for Examination. When the mental

or physical condition (including the blood group) of

a party, or of a person in the custody or under the

legal control of a party, is in controversy, the court in

which the action is pending may order the party to

submit to a physical or mental examination by a

suitably licensed or certified examiner or to produce

for examination the person in the party’s custody or

legal control. The order may be made only on motion

for good cause shown and upon notice to the person

to be examined and to all parties and shall specify the

time, place, manner, conditions, and scope of the

examination and the person or persons by whom it is

to be made.

(b) Report of Examiner.

(1) If requested by the party against whom an

order is made under Rule 35(a) or the person

examined, the party causing the examination to be

made shall deliver to the requesting party a copy of

the detailed written report of the examiner setting out

the examiner’s findings, including results of all tests

made, diagnoses and conclusions, together with like

reports of all earlier examinations of the same

condition. After delivery the party causing the

examination shall be entitled upon request to receive

from the party against whom the order is made a like

report of any examination, previously or thereafter

made, of the same condition, unless, in the case of a

report of examination of a person not a party, the

party shows that the party is unable to obtain it. The

court on motion may make an order against a party

requiring delivery of a report on such terms as are

just, and if an examiner fails or refuses to make a

report the court may exclude the examiner’s

testimony if offered at trial.

(2) By requesting and obtaining a report of the

examination so ordered or by taking the deposition of

the examiner, the party examined waives any

privilege the party may have in that action or any

other involving the same controversy, regarding the

testimony of every other person who has examined or

may thereafter examine the party in respect of the

same mental or physical condition.

(Release: 12/21) HRCP--45

Rule 35 HAWAI‘I RULES OF CIVIL PROCEDURE

(3) This subdivision applies to examinations

made by agreement of the parties, unless the

agreement expressly provides otherwise. This

subdivision does not preclude discovery of a report of

an examiner or the taking of a deposition of the

examiner in accordance with the provisions of any

other rule.

(Amended May 15, 1972, effective July 1, 1972;

further amended May 7, 2004, effective July 1, 2004.)

Rule 36. REQUESTS FOR ADMISSION.

(a) Request for Admission. A party may serve

upon any other party a written request for the

admission, for purposes of the pending action only, of

the truth of any matters within the scope of Rule

26(b)(1) set forth in the request that relate to

statements or opinions of fact or of the application of

law to fact, including the genuineness of any

documents described in the request. Copies of

documents shall be served with the request unless

they have been or are otherwise furnished or made

available for inspection and copying. The request

may, without leave of court, be served upon the

plaintiff after commencement of the action and upon

any other party with or after service of the summons

and complaint upon that party.

Each matter of which an admission is requested

shall be separately set forth. The matter is admitted

unless, within 30 days after service of the request, or

within such shorter or longer time as the court may

allow or as the parties may agree to in writing,

subject to Rule 29, the party to whom the request is

directed serves upon the party requesting the

admission a written answer or objection addressed to

the matter, signed by the party or by the party’s

attorney, but, unless the court shortens the time, a

defendant shall not be required to serve answers or

objections before the expiration of 45 days after

service of the summons and complaint upon that

defendant. If objection is made, the reasons therefor

shall be stated. The answer shall specifically deny

the matter or set forth in detail the reasons why the

answering party cannot truthfully admit or deny the

matter. A denial shall fairly meet the substance of the

requested admission, and when good faith requires

that a party qualify an answer or deny only a part of

the matter of which an admission is requested, the

party shall specify so much of it as is true and qualify

or deny the remainder. An answering party may not

give lack of information or knowledge as a reason for

failure to admit or deny unless the party states that

the party has made reasonable inquiry and that the

information known or readily obtainable by the party

is insufficient to enable the party to admit or deny. A

party who considers that a matter of which an

admission has been requested presents a genuine

issue for trial may not, on that ground alone, object to

the request; the party may, subject to the provisions

of Rule 37(c), deny the matter or set forth reasons

why the party cannot admit or deny it.

The party who has requested the admissions may

move to determine the sufficiency of the answers or

objections. Unless the court determines that an

objection is justified, it shall order that an answer be

served. If the court determines that an answer does

not comply with the requirements of this rule, it may

order either that the matter is admitted or that an

amended answer be served. The court may, in lieu of

these orders, determine that final disposition of the

request be made at a pre-trial conference or at a

designated time prior to trial. The provisions of Rule

37(a)(4) apply to the award of expenses incurred in

relation to the motion.

(b) Effect of Admission. Any matter admitted

under this rule is conclusively established unless the

court on motion permits withdrawal or amendment of

the admission. Subject to the provisions of Rule 16

governing amendment of a pre-trial order, the court

may permit withdrawal or amendment when the

presentation of the merits of the action will be

subserved thereby and the party who obtained the

admission fails to satisfy the court that withdrawal or

amendment will prejudice that party in maintaining

his or her action or defense on the merits. Any

admission made by a party under this rule is for the

purpose of the pending action only and is not an

admission for any other purpose nor may it be used

against the party in any other proceeding.

(Amended May 15, 1972, effective July 1, 1972;

further amended May 7, 2004, effective July 1, 2004.)

HRCP--46 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 37

Rule 37. FAILURE TO MAKE OR

COOPERATE IN DISCOVERY;

SANCTIONS.

(a) Motion for Order Compelling Discovery.

A party, upon reasonable notice to other parties and

all persons affected thereby, may apply for an order

compelling discovery as follows:

(1) A

PPROPRIATE COURT. An application for an

order to a party may be made to the court in which

the action is pending or, on matters related to a

deposition, to the court in the circuit where the

deposition is being taken. An application for an order

to a person who is not a party shall be made to the

court in the circuit where the deposition is being, or

is to be, taken.

(2) M

OTION. If a deponent fails to answer a

question propounded or submitted under Rules 30 or

31, or a corporation or other entity fails to make a

designation under Rule 30(b)(6) or 31(a), or a party

fails to answer an interrogatory submitted under Rule

33, or if a party, in response to a request for

inspection submitted under Rule 34, fails to respond

that inspection will be permitted as requested or fails

to permit inspection as requested, the discovering

party may move for an order compelling an answer,

or a designation, or an order compelling inspection in

accordance with the request. The motion must include

a certification that the movant has in good faith

conferred or attempted to confer with the person or

party failing to make the discovery in an effort to

secure the information or material without court

action. When taking a deposition on oral

examination, the proponent of the question may

complete or adjourn the examination before applying

for an order.

(3) E

VASIVE OR INCOMPLETE ANSWER OR

RESPONSE. For purposes of this subdivision an

evasive or incomplete answer or response is to be

treated as a failure to answer or respond.

(4) E

XPENSES AND SANCTIONS.

(A) If the motion is granted or if the disclosure or

requested discovery is provided after the motion was

filed, the court shall, after affording an opportunity to

be heard, require the party or deponent whose

conduct necessitated the motion or the party or

attorney advising such conduct or both of them to pay

to the moving party the reasonable expenses incurred

in making the motion, including attorney's fees,

unless the court finds that the motion was filed

without the movant's first making a good faith effort

to obtain the disclosure or discovery without court

action, or that the opposing party's nondisclosure,

response, or objection was substantially justified, or

that other circumstances make an award of expenses

unjust.

(B) If the motion is denied, the court may enter

any protective order authorized under Rule 26(c) and

shall, after affording an opportunity to be heard,

require the moving party or the attorney filing the

motion or both of them to pay to the party or

deponent who opposed the motion the reasonable

expenses incurred in opposing the motion, including

attorney's fees, unless the court finds that the making

of the motion was substantially justified or that other

circumstances make an award of expenses unjust.

(C) If the motion is granted in part and denied in

part, the court may enter any protective order

authorized under Rule 26(c) and may, after affording

an opportunity to be heard, apportion the reasonable

expenses incurred in relation to the motion among the

parties and persons in a just manner.

(b) Failure to Comply With Order.

(1) S

ANCTIONS BY COURT IN CIRCUIT WHERE

DEPOSITION IS TAKEN. If a deponent fails to be sworn

or to answer a question after being directed to do so

by the court in the circuit in which the deposition is

being taken, the failure may be considered a

contempt of that court.

(2) S

ANCTIONS BY COURT IN WHICH ACTION IS

PENDING. If a party or an officer, director, or

managing agent of a party or a person designated

under Rule 30(b)(6) or 31(a) to testify on behalf of a

party fails to obey an order to provide or permit

discovery, including an order made under subdivision

(a) of this rule or Rule 35, or if a party fails to obey

an order entered under Rule 26(f), the court in which

the action is pending may make such orders in regard

to the failure as are just, and among others the

following:

(A) An order that the matters regarding which the

order was made or any other designated facts shall be

taken to be established for the purposes of the action

in accordance with the claim of the party obtaining

the order;

(Release: 12/21) HRCP--47

Rule 37 HAWAI‘I RULES OF CIVIL PROCEDURE

(B) An order refusing to allow the disobedient

party to support or oppose designated claims or

defenses, or prohibiting him or her from introducing

designated matters in evidence;

(C) An order striking out pleadings or parts

thereof, or staying further proceedings until the order

is obeyed, or dismissing the action or proceeding or

any part thereof, or rendering a judgment by default

against the disobedient party;

(D) In lieu of any of the foregoing orders or in

addition thereto, an order treating as a contempt of

court the failure to obey any orders except an order to

submit to a physical or mental examination;

(E) Where a party has failed to comply with an

order under Rule 35(a) requiring that party to produce

another for examination, such orders as are listed in

paragraphs (A), (B), and (C) of this subdivision,

unless the party failing to comply shows that that

party is unable to produce such person for

examination.

In lieu of any of the foregoing orders or in

addition thereto, the court shall require the party

failing to obey the order or the attorney advising that

party or both to pay the reasonable expenses,

including attorney's fees, caused by the failure, unless

the court finds that the failure was substantially

justified or that other circumstances make an award

of expenses unjust.

(c) Failure to Disclose; False or Misleading

Disclosure; Refusal to Admit.

(1) A party that without substantial justification

fails to amend a prior response to discovery as

required by Rule 26(e)(2), is not, unless such failure

is harmless, permitted to use as evidence at a trial, at

a hearing, or on a motion any witness or information

not so disclosed. In addition to or in lieu of this

sanction, the court, on motion and after affording an

opportunity to be heard, may impose other

appropriate sanctions. In addition to requiring

payment of reasonable expenses, including attorney's

fees, caused by the failure, these sanctions may

include any of the actions authorized under Rule

37(b)(2)(A), (B), and (C) and may include informing

the jury of the failure to make the disclosure.

(2) If a party fails to admit the genuineness of any

document or the truth of any matter as requested

under Rule 36, and if the party requesting the

admissions thereafter proves the genuineness of the

document or the truth of the matter, the requesting

party may apply to the court for an order requiring

the other party to pay the reasonable expenses

incurred in making that proof, including reasonable

attorney's fees. The court shall make the order unless

it finds that (A) the request was held objectionable

pursuant to Rule 36(a), or (B) the admission sought

was of no substantial importance, or (C) the party

failing to admit had reasonable ground to believe that

he or she might prevail on the matter, or (D) there

was other good reason for the failure to admit.

(d) Failure of Party to Attend at Own

Deposition or Serve Answers to Interrogatories or

Respond to Request for Inspection. If a party or an

officer, director, or managing agent of a party or a

person designated under Rule 30(b)(6) or 31(a) to

testify on behalf of a party fails (1) to appear before

the officer who is to take the deposition, after being

served with a proper notice, or (2) to serve answers or

objections to interrogatories submitted under Rule

33, after proper service of the interrogatories, or (3)

to serve a written response to a request for inspection

submitted under Rule 34, after proper service of the

request, the court in which the action is pending on

motion may make such orders in regard to the failure

as are just, and among others it may take any action

authorized under subparagraphs (A), (B), and (C) of

subdivision (b)(2) of this rule. Any motion specifying

a failure under clause (2) or (3) of this subdivision

shall include a certification that the movant has in

good faith conferred or attempted to confer with the

party failing to answer or respond in an effort to

obtain such answer or response without court action.

In lieu of any order or in addition thereto, the court

shall require the party failing to act or the attorney

advising that party or both to pay the reasonable

expenses, including attorney's fees, caused by the

failure, unless the court finds that the failure was

substantially justified or that other circumstances

make an award of expenses unjust.

The failure to act described in this subdivision

may not be excused on the ground that the discovery

sought is objectionable unless the party failing to act

has a pending motion for a protective order as

provided by Rule 26(c).

HRCP--48 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 39

(e) Expenses Against the State. Except to the

extent permitted by statute, expenses and fees may

not be awarded against the State or a county under

this rule.

(f) Failure to Preserve Electronically Stored

Information. Absent exceptional circumstances, a

court may not impose sanctions under these Rules on

a party for failing to provide electronically stored

information lost as a result of the routine, good-faith

operation of an electronic information system.

(Amended May 15, 1972, effective July 1, 1972;

further amended May 7, 2004, effective July 1, 2004;

further amended August 29, 2014, effective January

1, 2015.)

VI. TRIALS

Rule 38. JURY TRIAL OF RIGHT.

(a) Right preserved. The right of trial by jury

as given by the Constitution or a statute of the State

or the United States shall be preserved to the parties

inviolate.

(b) Demand. Any party may demand a trial by

jury of any issue triable of right by a jury by (1)

serving upon the other parties a demand therefor in

writing at any time after the commencement of the

action and not later than 10 days after the service of

the last pleading directed to such issue, and (2) filing

the demand as required by Rule 5(d). Such demand

may be indorsed upon a pleading of the party. Where

by statute a jury trial is allowed on appeal to the

circuit court from the prior determination of any court

or administrative body, a trial by jury may be had if

demanded in the notice of appeal, and if not

demanded in the notice, the appellee may have a trial

by jury by filing a demand within 10 days after the

case is docketed in the circuit court.

(c) Same: Specification of issues. In its

demand a party may specify the issues which it

wishes so tried; otherwise the party shall be deemed

to have demanded trial by jury for all the issues so

triable. If the party has demanded trial by jury for

only some of the issues, any other party within 10

days after service of the demand or such lesser time

as the court may order, may serve a demand for trial

by jury of any other or all of the issues of fact in the

action.

(d) Waiver. The failure of a party to serve and

file a demand as required by this rule and to file it as

required by Rule 5(d) constitutes a waiver by the

party of trial by jury. A demand for trial by jury made

as herein provided may not be withdrawn without the

consent of the parties.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 39. TRIAL BY JURY OR BY THE

COURT.

(a) By jury. When trial by jury has been

demanded as provided in Rule 38, the action shall be

designated upon the docket as a jury action. The trial

of all issues so demanded shall be by jury, unless (1)

the parties or their attorneys of record, by written

stipulation filed with the court or by an oral

stipulation made in open court and entered in the

record, consent to trial by the court sitting without a

jury or (2) the court upon motion or of its own

initiative finds that a right of trial by jury of some or

all of those issues does not exist under the

Constitution or statutes of the United States or the

State.

(b) By the court. Issues not demanded for trial

by jury as provided in Rule 38 shall be tried by the

court; but, notwithstanding the failure of a party to

demand a jury in an action in which such a demand

might have been made of right, the court in its

discretion upon motion may order a trial by a jury of

any or all issues.

(c) Advisory jury and trial by consent. In all

actions not triable of right by a jury the court upon

motion or of its own initiative may try any issue with

an advisory jury. The court, with the consent of the

parties, may order a trial with a jury whose verdict

shall have the same effect as if trial by jury had been

a matter of right.

(Release: 12/21) HRCP--49

Rule 40 HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 40. ASSIGNMENT OF CASES FOR

TRIAL.

The circuit courts shall provide by rule for the

placing of actions upon the trial calendar (1) without

request of the parties or (2) upon request of a party

and notice to the other parties or (3) in such other

manner as the courts deem expedient. Precedence

shall be given to actions entitled thereto by statute.

Rule 41. DISMISSAL OF ACTIONS.

(a) Voluntary dismissal: Effect thereof.

(1) B

Y PLAINTIFF; BY STIPULATION. An action

may be dismissed by the plaintiff without order of

court (A) by filing a notice of dismissal at any time

before the return date as provided in Rule 12(a) or

service by the adverse party of an answer or of a

motion for summary judgment, or (B) by filing a

stipulation of dismissal signed by all parties who have

appeared in the action, in the manner and form

prescribed by Rule 41.1 of these rules. Unless

otherwise stated in the notice of dismissal or

stipulation, the dismissal is without prejudice, except

that a notice of dismissal operates as an adjudication

upon the merits when filed by a plaintiff who has

once dismissed in any court of the United States, or

of any state, territory or insular possession of the

United States an action based on or including the

same claim.

(2) B

Y ORDER OF COURT. Except as provided in

paragraph (1) of this subdivision of this rule, an

action shall not be dismissed at the plaintiff's instance

save upon order of the court and upon such terms and

conditions as the court deems proper. If a

counterclaim has been pleaded by a defendant prior

to the service upon the defendant of the plaintiff's

motion to dismiss, the action shall not be dismissed

against the defendant's objection unless the

counterclaim can remain pending for independent

adjudication by the court. Unless otherwise specified

in the order, a dismissal under this paragraph is

without prejudice.

(b) Involuntary dismissal: Effect thereof.

(1) For failure of the plaintiff to prosecute or to

comply with these rules or any order of the court, a

defendant may move for dismissal of an action or of

any claim against it.

(2) For failure to prosecute or to comply with

these rules or any order of the court, the court may

sua sponte dismiss an action or any claim with

written notice to the parties. Such dismissal may be

set aside and the action or claim reinstated by order

of the court for good cause shown upon motion duly

filed not later than 10 days from the date of the order

of dismissal.

(3) Unless the court in its order for dismissal

otherwise specifies, a dismissal under this

subdivision and any dismissal not provided for in this

rule, other than a dismissal for lack of jurisdiction,

for improper venue, or for failure to join a party

under Rule 19, operates as an adjudication upon the

merits.

(c) Dismissal of counterclaim, cross-claim, or

third-party claim. The provisions of this rule apply

to the dismissal of any counterclaim, cross-claim, or

third-party claim. A voluntary dismissal by the

claimant alone pursuant to paragraph (1) of

subdivision (a) of this rule shall be made before a

responsive pleading is served or, if there is none,

before the introduction of evidence at the trial or

hearing. The notice of dismissal or stipulation shall

be made in the manner and form prescribed by Rule

41.1 of these rules.

(d) Costs of previously-dismissed action. If a

plaintiff who has once dismissed an action in any

court commences an action based upon or including

the same claim against the same defendant, the court

may make such order for the payment of costs of the

action previously dismissed as it may deem proper

and may stay the proceedings in the action until the

plaintiff has complied with the order.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000; further amended December 7,

2005, effective January 1, 2006; further amended

November 21, 2006, effective January 1, 2007;

further amended August 26, 2011, effective January

1, 2012.)

HRCP--50 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 43

Rule 41.1. DOCUMENTS DISMISSING AN

ACTION OR ANY PART

THEREOF PURSUANT TO

RULES 41(a)(1)(A), 41(a)(1)(B),

AND/OR 41(c) OF THE HAWAI‘I

RULES OF CIVIL PROCEDURE.

(a) Presentation of notices of and stipulations

for dismissal.

(1) For cases assigned to a judge, the notices of

and stipulations for dismissal shall be presented to the

assigned judge before filing.

(2) For cases in the Court-Annexed Arbitration

Program, the notices of and stipulations for dismissal

shall be presented to the assigned judge before filing.

(3) For cases not assigned to a judge, the notices

of and stipulations for dismissal shall be presented to

the Legal Documents Branch/Section.

(b) Information required in notices of and

stipulations for dismissal.

(1) The notices of and stipulations for dismissal

shall include the following information:

(A) Below the title of the document

(i) the name of the judge or "none" if the case

is not assigned to a judge and

(ii) the trial date or "none" if the trial date has

not been set.

(B) In the text of the document

(i) cite the specific subsections of Rule 41of the

Hawai‘i Rules of Civil Procedure applicable to the

di

smissal and

(i

i) if Rule 41(a)(1)(A) is cited, state whether or

not the party being dismissed has served an answer or

motion for summary judgment.

(2) If the document disposes of the entire

action, the document shall be entitled

“STIPULATION FOR [OR NOTICE OF]

DISMISSAL WITH [OR WITHOUT] PREJUDICE

OF ALL CLAIMS AND PARTIES,” and shall state

in the text of the document “all other claims and

parties are dismissed.”

(3) If the document dismisses only part of a case

(A) The title of the document shall indicate that

it is a partial dismissal and identify the party(ies)

and/or claim(s) being dismissed,

(B) The text shall identify the party(ies) and/or

claim(s) being dismissed, and

(C) The text shall identify the party(ies) and/or

claim(s) that remain in the action or if there are no

remaining parties and/or claims such shall be so

stated in the text.

(4) Below the signature of counsel, indicate the

party(ies) that counsel represents.

(Added August 26, 2011, effective January 1,

2012.)

Rule 42. CONSOLIDATION; SEPARATE

TRIALS.

(a) Consolidation. When actions involving a

common question of law or fact are pending before

the court, it may order a joint hearing or trial of any

or all the matters in issue in the actions; it may order

all the actions consolidated; and it may make such

orders concerning proceedings therein as may tend to

avoid unnecessary costs or delay.

(b) Separate trials. The court, in furtherance of

convenience or to avoid prejudice, or when separate

trials will be conducive to expedition and economy,

may order a separate trial of any claim, cross-claim,

counterclaim, or third-party claim, or of any separate

issue or of any number of claims, cross-claims,

counterclaims, third-party claims, or issues, always

preserving inviolate the right of trial by jury as given

by the Constitution or a statute of the State or the

United States.

(Amended May 15, 1972, effective July 1, 1972.)

Rule 43. TAKING OF TESTIMONY.

(a) Form. In all trials the testimony of

witnesses shall be taken orally in open court, unless

otherwise provided by the Hawai‘i Rules of

Ev

idence, statute, or other rules adopted by the

Hawai‘i Supreme Court.

(b) Pr

esentation of expert testimony. The

court may schedule the presentation of all expert

testimony during the same phase of the trial.

(c) Record of excluded evidence. In an action

tried by a jury, if an objection to a question

propounded to a witness is sustained by the court, the

examining attorney may make a specific offer of

what he expects to prove by the answer of the

witness. The court may require the offer to be made

out of the hearing of the jury. The court may add

such other or further statement as clearly shows the

character of the evidence, the form in which it was

offered, the objection made, and the ruling thereon.

(Release: 12/21) HRCP--51

Rule 43 HAWAI‘I RULES OF CIVIL PROCEDURE

In actions tried without a jury the same procedure

may be followed, except that the court upon request

shall take and report the evidence in full, unless it

clearly appears that the evidence is not admissible on

any ground or that the witness is privileged.

(d) Affirmation in lieu of oath. Whenever

under these rules an oath is required to be taken, a

solemn affirmation may be accepted in lieu thereof.

(e) Evidence on motions. When a motion is

based on facts not appearing of record the court may

hear the matter on affidavits presented by the

respective parties, but the court may direct that the

matter be heard wholly or partly on oral testimony or

depositions.

(f) Interpreters. The court may appoint an

interpreter of its own selection and may fix the

interpreter's reasonable compensation. The

compensation shall be paid out of funds provided by

law or by one or more of the parties as the court may

direct, and may be taxed ultimately as costs, in the

discretion of the court.

(Amended May 15, 1972, effective July 1, 1972;

further amended July 26, 1990, effective September 1,

1990; further amended December 7, 1999, effective

January 1, 2000; further amended March 24, 2000,

effective July 1, 2000.)

Rule 44. PROOF OF OFFICIAL RECORD.

(a) Authentication.

(1) D

OMESTIC. An official record kept within

the United States, or any state, district,

commonwealth, or within a territory subject to the

administrative or judicial jurisdiction of the United

States, or an entry therein, when admissible for any

purpose, may be evidenced by an official publication

thereof or by a copy attested by the officer having the

legal custody of the record, or by a deputy, and

accompanied by a certificate that the officer has the

custody. The certificate may be made by a judge of a

court of record of the district or political subdivision

in which the record is kept, authenticated by the seal

of the court, or may be made by any public officer

having a seal of office and having official duties in

the district or political subdivision in which the

record is kept, authenticated by the seal of office.

(2) F

OREIGN. A foreign official record, or an

entry therein, when admissible for any purpose, may

be evidenced by an official publication thereof; or a

copy thereof, attested by a person authorized to make

the attestation, and accompanied by a final

certification as to the genuineness of the signature

and official position (A) of the attesting person, or

(B) of any foreign official whose certificate of

genuineness of signature and official position relates

to the attestation or is in a chain of certificates of

genuineness of signature and official position relating

to the attestation. A final certification may be made

by a secretary of embassy or legation, consul general,

consul, vice consul, or consular agent of the United

States, or a diplomatic or consular official of the

foreign country assigned or accredited to the United

States. If reasonable opportunity has been given to all

parties to investigate the authenticity and accuracy of

the documents, the court may, for good cause shown,

(A) admit an attested copy without final certification

or (B) permit the foreign official record to be

evidenced by an attested summary with or without a

final certification. The final certification is

unnecessary if the record and the attestation are

certified as provided in a treaty or convention to

which the United States and the foreign country in

which the official record is located are parties.

(b) Lack of record. A written statement that

after diligent search no record or entry of a specified

tenor is found to exist in the records designated by

the statement, authenticated as provided in

subdivision (a)(1) of this rule in the case of a

domestic record, or complying with the requirements

of subdivision (a)(2) of this rule for a summary in the

case of a foreign record, is admissible as evidence

that the records contain no such record or entry.

(c) Other proof. This rule does not prevent the

proof of official records or of entry or lack of entry

therein by any other method authorized by law.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

HRCP--52 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 45

Rule 44.1. DETERMINATION OF FOREIGN

LAW.

A party who intends to raise an issue concerning

the law of a foreign country shall give notice by

pleadings or other reasonable written notice. The

court, in determining foreign law, may consider any

relevant material or source, including testimony,

whether or not submitted by a party or admissible

under the Hawai‘i Rules of Evidence. The court's

de

termination shall be treated as a ruling on a

question of law.

(Added

May 15, 1972, effective July 1, 1972;

amended July 26, 1990, effective September 1, 1990;

further amended December 7, 1999, effective January

1, 2000.)

Rule 45. SUBPOENA.

(a) For attendance of witnesses; form;

issuance. Every subpoena shall be issued by the

clerk of the circuit court of the circuit in which the

action is pending under the seal of the court, shall

state the name of the court and the title of the action,

and shall command each person to whom it is

directed to attend and give testimony at a time and

place therein specified. The clerk shall issue a

subpoena, or a subpoena for the production of

documentary evidence, signed and sealed but

otherwise in blank, to a party requesting it, who shall

fill it in before service.

(b) For production of documentary evidence.

A subpoena may also command the person to whom

it is directed to produce the books, papers,

documents, electronically stored information, or

tangible things designated therein; but the court, upon

motion made promptly and in any event at or before

the time specified in the subpoena for compliance

therewith, may (1) quash or modify the subpoena if it

is unreasonable and oppressive or (2) condition denial

of the motion upon the advancement by the person in

whose behalf the subpoena is issued of the reasonable

cost of producing the books, papers, documents,

electronically stored information, or tangible things.

A subpoena may specify the form or forms in which

documents or electronically stored information are to

be produced.

(c) Service. A subpoena may be served at any

place within the State. A subpoena may be served:

(1) anywhere in the State by the sheriff or deputy

sheriff or by any other person who is not a party and

is not less than 18 years of age; or (2) in any county

by the chief of police or a duly authorized

subordinate. Service of a subpoena upon a person

named therein shall be made by delivering a copy

thereof to such person and by tendering to such

person the fees for one day's attendance and the

mileage allowed by law. When the subpoena is issued

on behalf of the State or a county, or an officer or

agency of the State or a county, fees and mileage

need not be tendered.

(d) Subpoena for taking depositions; place of

examination.

(1) Proof of service of a notice to take a

deposition as provided in Rules 30(b) and 31(a)

constitutes a sufficient authorization for the issuance

by the clerk of the circuit court of the circuit in which

the deposition is to be taken of subpoenas for the

persons named or described therein. The subpoena

may command the person to whom it is directed to

produce and permit inspection and copying of

designated books, papers, documents, electronically

stored information, or tangible things which

constitute or contain matters within the scope of the

examination permitted by Rule 26(b), but in that

event the subpoena will be subject to the provisions

of Rule 26(c) and subdivision (b) of this Rule 45.

The person to whom the subpoena is directed

may, within 10 days after the service thereof or on or

before the time specified in the subpoena for

compliance if such time is less than 10 days after

service, serve upon the attorney designated in the

subpoena written objection to inspection or copying

of any or all of the designated materials. If objection

is made, the party serving the subpoena shall not be

entitled to inspect and copy the materials except

pursuant to an order of the court from which the

subpoena was issued. The party serving the subpoena

may, if objection has been made, move upon notice

to the deponent for an order at any time before or

during the taking of the deposition.

(Release: 12/21) HRCP--53

Rule 45 HAWAI‘I RULES OF CIVIL PROCEDURE

(2) A resident of the State may be required to

attend an examination only in the county wherein the

person resides or is employed or transacts business in

person, or at such other convenient place as is fixed

by an order of court. A nonresident of the State

subpoenaed within the State may be required to

attend only in the county wherein the person is served

with a subpoena, or at such other convenient place as

is fixed by an order of court.

(e) Duties in responding to subpoena.

(1) If a subpoena does not specify a form for

producing documents or electronically stored

information, the person responding shall produce it in

a form or forms in which it is ordinarily maintained,

or in which it is reasonably usable. Absent a showing

of good cause, the person responding need not

produce the same documents or electronically stored

information in more than one form. The person

responding need not provide discovery of documents

or electronically stored information from sources that

the person identifies as not reasonably accessible

because of undue burden or cost. On a motion to

compel discovery or for a protective order, the person

responding to a subpoena must show that the

information is not reasonably accessible because of

undue burden or cost. If that showing is made, the

Court nevertheless may order discovery from such

sources if the requesting party shows good cause. The

Court may specify the conditions for the discovery.

(2) When information subject to a subpoena is

withheld on a claim that it is privileged or subject to

protection as trial preparation materials, the claim

shall be made expressly and shall be supported by a

description of the nature of the documents,

electronically stored information, or tangible things

not produced that is sufficient to enable the

demanding party to contest the claim.

(f) Contempt. Failure by any person without

adequate excuse to obey a subpoena served upon the

person may be deemed a contempt of the court from

which the subpoena issued.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective January

1, 2000; further amended August 29, 2014, effective

January 1, 2015.)

Rule 46. EXCEPTIONS UNNECESSARY.

Formal exceptions to rulings or orders of court

are unnecessary; but for all purposes for which an

exception has heretofore been necessary it is

sufficient that a party, at the time the ruling or order

of the court is made or sought, makes known to the

court the action which the party desires the court to

take or the party's objection to the action of the court

and grounds therefor; and, if a party has no

opportunity to object to a ruling or order at the time

it is made, the absence of an objection does not

thereafter prejudice the party.

(Amended December 7, 1999, effective January

1, 2000.)

Rule 47. JURORS.

(a) Conduct of jury selection. At the

discretion of the court, each party may present a

"mini-opening statement" to the jury panel. The

mini-opening statement shall be limited to a brief

statement of the facts expected to be proven prior to

the commencement of jury selection. The court shall

permit the parties or their attorneys to conduct the

examination of each prospective juror. The court may

conduct such examination, but in such instance, the

court shall permit the parties or their attorneys to

supplement the examination by further inquiry.

(b) Alternate jurors. The court may direct that

not more than six jurors in addition to the regular jury

be called and impanelled to sit as alternate jurors.

Alternate jurors in the order in which they are called

shall replace jurors who, prior to the time the jury

retires to consider its verdict, become or are found to

be unable or disqualified to perform their duties.

Alternate jurors shall be drawn in the same manner,

shall have the same qualifications, shall be subject to

the same examination and challenges, shall take the

same oath, and shall have the same functions,

powers, facilities, and privileges as the regular jurors.

An alternate juror who does not replace a regular

juror shall be discharged after the jury retires to

consider its verdict. Each side is entitled to 1

peremptory challenge in addition to those otherwise

allowed by law if 1 or 2 alternate jurors are to be

impanelled, 2 peremptory challenges if 3 or 4

alternate jurors are to be impanelled, and 3

peremptory challenges if 5 or 6 alternate jurors are to

be impanelled. The additional peremptory challenges

may be used against an alternate juror only, and the

HRCP--54 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 49

other peremptory challenges allowed by law shall not

be used against an alternate juror.

(c) Questioning by jury. At the discretion of

the court, jurors may be allowed to suggest questions

to be asked of witnesses. Each juror question must be

in writing and delivered to the court through

appropriate court personnel. Upon receipt of a

question, the court shall review the propriety of

submitting the question to the witness with the parties

or their attorneys on the record, but outside the

hearing of the jury. If the court deems the question

appropriate and subject to the Hawai‘i Rules of

Evidence (HRE), the court may ask the question. The

parties shall have an opportunity to examine matters

touched upon by any juror question submitted to a

witness, subject to the HRE. Any party may object to

the asking of a question, but the court may ask the

question over any objection after the objection has

been placed on the record. The jury shall be

pre-instructed about the procedure for asking

questions.

(d) Note taking by jurors. Except upon good

cause articulated by the court, jurors shall be allowed

to take notes during trial. The court's good cause

findings need not be written, but must be articulated

clearly in a reported proceeding.

(e) Excuse. The court may for good cause

excuse a juror from service during trial or

deliberation.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective January

1, 2000; further amended March 24, 2000, effective

July 1, 2000.)

Rule 48. JURIES OF LESS THAN

TWELVE – MAJORI

TY

VERDICT.

The par

ties may stipulate that the jury shall

consist of any number less than 12 or that a verdict or

a finding of a stated majority of the jurors shall be

taken as the verdict or finding of the jury. (See

section 635-20 of the Hawai‘i Revised Statutes.)

Rule 49. SPECIAL VERDICTS AND

INTERROGATORIES.

(a) Special verdicts. The court may require a

jury to return only a special verdict in the form of a

special written finding upon each issue of fact. In that

event the court may submit to the jury written

questions susceptible of categorical or other brief

answer or may submit written forms of the several

special findings which might properly be made under

the pleadings and evidence; or it may use such other

method of submitting the issues and requiring the

written findings thereon as it deems most appropriate.

The court shall give to the jury such explanation and

instruction concerning the matter thus submitted as

may be necessary to enable the jury to make its

findings upon each issue. If in so doing the court

omits any issue of fact raised by the pleadings or by

the evidence, each party waives the right to a trial by

jury of the issue so omitted unless before the jury

retires the party demands its submission to the jury.

As to an issue omitted without such demand the court

may make a finding; or, if it fails to do so, it shall be

deemed to have made a finding in accord with the

judgment on the special verdict.

(b) General verdict accompanied by answer

to interrogatories. The court may submit to the jury,

together with appropriate forms for a general verdict,

written interrogatories upon one or more issues of

fact the decision of which is necessary to a verdict.

The court shall give such explanation or instruction

as may be necessary to enable the jury both to make

answers to the interrogatories and to render a general

verdict, and the court shall direct the jury both to

make written answers and to render a general verdict.

When the general verdict and the answers are

harmonious, the appropriate judgment upon the

verdict and answers shall be entered pursuant to Rule

58. When the answers are consistent with each other

but one or more is inconsistent with the general

verdict, judgment may be entered pursuant to Rule 58

in accordance with the answers, notwithstanding the

general verdict, or the court may return the jury for

further consideration of its answers and verdict or

may order a new trial. When the answers are

inconsistent with each other and one or more is

likewise inconsistent with the general verdict,

judgment shall not be entered, but the court shall

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Rule 49 HAWAI‘I RULES OF CIVIL PROCEDURE

return the jury for further consideration of its answers

and verdict or shall order a new trial.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective January

1, 2000.)

Rule 50. JUDGMENT AS A MATTER OF

LAW IN JURY TRIALS;

ALTERNATIVE MOTION FOR

NEW TRIAL; CONDITIONAL

RULINGS.

(a) Judgment as a matter of law.

(1) If during a trial by jury a party has been

fully heard on an issue and there is no legally

sufficient evidentiary basis for a reasonable jury to

find for that party on that issue, the court may

determine the issue against that party and may grant

a motion for judgment as a matter of law against that

party with respect to a claim or defense that cannot

under the controlling law be maintained or defeated

without a favorable finding on that issue.

(2) Motions for judgment as a matter of law

may be made at any time before submission of the

case to the jury. Such a motion shall specify the

judgment sought and the law and the facts on which

the moving party is entitled to the judgment.

(b) Renewing motion for judgment after

trial; alternative motion for new trial. If, for any

reason, the court does not grant a motion for

judgment as a matter of law made at the close of all

the evidence, the court is considered to have

submitted the action to the jury subject to the court's

later deciding the legal questions raised by the

motion. The movant may renew its request for

judgment as a matter of law by filing a motion no

later than 10 days after entry of judgment - and may

alternatively request a new trial or join a motion for

a new trial under Rule 59. In ruling on a renewed

motion, the court may:

(1) if a verdict was returned:

(A) allow the judgment to stand,

(B) order a new trial, or

(C) direct entry of judgment as a matter of law;

or

(2) if no verdict was returned:

(A) order a new trial, or

(B) direct entry of judgment as a matter of law.

(c) Granting renewed motion for judgment

as a matter of law; conditional rulings; new trial

motion.

(1) If the renewed motion for judgment as a

matter of law is granted, the court shall also rule on

the motion for a new trial, if any, by determining

whether it should be granted if the judgment is

thereafter vacated or reversed, and shall specify the

grounds for granting or denying the motion for the

new trial. If the motion for a new trial is thus

conditionally granted, the order thereon does not

affect the finality of the judgment. In case the motion

for a new trial has been conditionally granted and the

judgment is reversed on appeal, the new trial shall

proceed unless the appellate court has otherwise

ordered. In case the motion for a new trial has been

conditionally denied, the appellee on appeal may

assert error in that denial; and if the judgment is

reversed on appeal, subsequent proceedings shall be

in accordance with the order of the appellate court.

(2) Any motion for a new trial under Rule 59 by

a party against whom judgment as a matter of law is

rendered shall be filed no later than 10 days after

entry of the judgment.

(d) Same: Denial of motion for judgment as

a matter of law. If the motion for judgment as a

matter of law is denied, the party who prevailed on

that motion may, as appellee, assert grounds entitling

the party to a new trial in the event the appellate court

concludes that the trial court erred in denying the

motion for judgment. If the appellate court reverses

the judgment, nothing in this rule precludes it from

determining that the appellee is entitled to a new trial,

or from directing the trial court to determine whether

a new trial shall be granted.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000; further amended effective January

3, 2000.)

HRCP--56 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 51

Rule 51. INSTRUCTIONS TO JURY.

(a) Pre-instruction. Prior to the presentation of

evidence, the court may pre-instruct the jury on the

elements of the pleaded causes of action and claimed

defenses.

(b) Requests. At the close of the evidence or at

such earlier time during the trial as the court

reasonably directs, any party may file written requests

that the court instruct the jury on the law as set forth

in the requests.

(c) Settlement. When requests are filed,

counsel shall be entitled to be heard thereon. The

court shall inform counsel of its proposed action upon

the requests prior to their arguments to the jury.

Whenever the court refuses to give any requested

instruction, the court shall write the word "refused" in

the margin thereof. Whenever the court approves any

requested instruction, the court shall write the word

"given" in the margin thereof. Whenever the court

modifies any requested instruction, the court shall

mark the same in such manner that it shall distinctly

appear what part is refused and what part is given.

Instructions to which no objection is made shall be

marked "given by agreement" and no later objection

thereto may be made or allowed. Unless the court

shall take action pursuant to subdivision (d) of this

rule, instructions settled as above set forth shall be

read to the jury.

(d) Court's instructions. The court may revise

the language of any or all of the requested

instructions which are approved by the court in whole

or in part pursuant to subdivision (c) of this rule and

of any or all of the requested instructions to which no

objection is made, and may combine such

instructions, with or without any additional

instructions which the court shall deem appropriate,

in such manner as the court believes will eliminate

repetition and will afford to the jury an adequate and

understandable charge. If no written requests for

instructions are filed the court shall prepare its own

instructions. Any revision made and any instructions

prepared by the court pursuant to the foregoing

provisions shall be reduced by the court to writing,

and counsel shall be entitled to be heard thereon. The

court shall inform counsel of its proposed action with

respect to any such revision made or instructions

prepared by the court, and any changes therein made

by the court shall be reduced to writing and submitted

to counsel prior to their arguments to the jury.

Instructions settled as above set forth shall be read to

the jury.

(e) Oral comment. The court shall in no case

orally qualify, modify or explain to the jury any

instruction, whether settled pursuant to subdivision

(c) or pursuant to subdivision (d) of this rule. If,

during deliberation on its verdict, the jury shall

request further instructions, the court may further

instruct the jury in accordance with instructions

prepared by the court and reduced to writing, first

submitting the same to counsel.

(f) Instructions and objections. Except upon

good cause articulated by the court, the court shall

instruct the jury before the arguments are begun and

shall provide to each juror, including alternates, a

copy of the jury instructions, to follow along as

instructions are read. The court's good cause findings

need not be written, but must be articulated clearly in

a reported proceeding. The court may, as it deems

necessary or appropriate, give additional instructions

after arguments are concluded and before the jury

retires. No party may assign as error the giving or the

refusal to give, or the modification of, an instruction,

whether settled pursuant to subdivision (c) or

subdivision (d), of this rule, unless the party objects

thereto before the jury retires to consider its verdict,

stating distinctly the matter to which the party objects

and the grounds of the objection. Opportunity shall

be given to make the objection out of the hearing of

the jury.

(Amended December 7, 1999, effective January

1, 2000; further amended March 24, 2000, effective

July 1, 2000.)

(Release: 12/21) HRCP--57

Rule 52 HAWAI#I RULES OF CIVIL PROCEDURE

Rule 52. FINDINGS BY THE COURT.

(a) Effect. In all actions tried upon the facts

without a jury or with an advisory jury, the court shall

find the facts specially and state separately its

conclusions of law thereon, and judgment shall be

entered pursuant to Rule 58; and in granting or

refusing interlocutory injunctions the court shall

similarly set forth the findings of fact and conclusions

of law which constitute the grounds of its action.

Requests for findings are not necessary for purposes

of review. Findings of fact shall not be set aside

unless clearly erroneous, and due regard shall be

given to the opportunity of the trial court to judge the

credibility of the witnesses. The findings of a master,

to the extent that the court adopts them, shall be

considered as the findings of the court. If an opinion

or memorandum of decision is filed, it will be

sufficient if the findings of fact and conclusions of

law appear therein. Findings of fact and conclusions

of law are unnecessary on decisions of motions under

Rules 12 or 56 or any other motion except as

provided in subdivisions (b) and (c) of this rule.

(b) Amendment. Upon motion of a party made

not later than 10 days after entry of judgment the

court may amend its findings or make additional

findings and may amend the judgment accordingly.

The motion may be made with a motion for a new

trial pursuant to Rule 59. When findings of fact are

made in actions tried by the court without a jury, the

question of the sufficiency of the evidence to support

the findings may thereafter be raised whether or not

the party raising the question has made in the circuit

court an objection to such findings or has made a

motion to amend them or a motion for judgment.

(c) Judgment on partial findings. If during a

trial without a jury a party has been fully heard on an

issue and the court finds against the party on that

issue, the court may enter judgment as a matter of law

against that party with respect to a claim or defense

that cannot under the controlling law be maintained

or defeated without a favorable finding on that issue,

or the court may decline to render any judgment until

the close of all the evidence. Such a judgment shall

be supported by findings of fact and conclusions of

law as required by subdivision (a) of this rule.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 53. MASTERS.

(a) Appointment and compensation. The

court in which any action is pending may appoint a

special master therein. As used in these rules the

word "master" includes a referee, an auditor, an

examiner, and an assessor. The compensation to be

allowed to a master shall be fixed by the court, and

shall be charged upon such of the parties or paid out

of any fund or subject matter of the action, which is

in the custody and control of the court as the court

may direct. The master shall not retain the report as

security for compensation; but when the party

ordered to pay the compensation allowed by the court

does not pay it after notice and within the time

prescribed by the court, the master is entitled to a writ

of execution against the delinquent party.

(b) Reference. A reference to a master shall be

the exception and not the rule. In actions to be tried

by a jury, a reference shall be made only when the

issues are complicated; in actions to be tried without

a jury, save in matters of account and of difficult

computation of damages, a reference shall be made

only upon a showing that some exceptional condition

requires it.

(c) Powers. The order of reference to the

master may specify or limit the master's powers and

may direct the master to report only upon particular

issues or to do or perform particular acts or to receive

and report evidence only and may fix the time and

place for filing of the master's report.

(Added July 26, 1990, effective September 1,

1990; amended December 7, 1999, effective January

1, 2000.)

HRCP--58 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 55

VII. JUDGMENT

Rule 54. JUDGMENTS; COSTS;

ATTORNEYS' FEES.

(a) Definition; form. "Judgment" as used in

these rules includes a decree and any order from

which an appeal lies. A judgment shall not contain a

recital of pleadings, the report of a master, or the

record of prior proceedings.

(b) Judgment upon multiple claims or

involving multiple parties. When more than one

claim for relief is presented in an action, whether as

a claim, counterclaim, cross-claim, or third-party

claim, or when multiple parties are involved, the

court may direct the entry of a final judgment as to

one or more but fewer than all of the claims or parties

only upon an express determination that there is no

just reason for delay and upon an express direction

for the entry of judgment. In the absence of such

determination and direction, any order or other form

of decision, however designated, which adjudicates

fewer than all the claims or the rights and liabilities of

fewer than all the parties shall not terminate the

action as to any of the claims or parties, and the order

or other form of decision is subject to revision at any

time before the entry of judgment adjudicating all the

claims and the rights and liabilities of all the parties.

(c) Demand for judgment. A judgment by

default shall not be different in kind from or exceed

in amount that prayed for in the demand for

judgment. Except as to a party against whom a

judgment is entered by default, every final judgment

shall grant the relief to which the party in whose

favor it is rendered is entitled, even if the party has

not demanded such relief in the party's pleadings.

(d) Costs; attorneys' fees.

(1) C

OSTS OTHER THAN ATTORNEYS' FEES.

Except when express provision therefor is made

either in a statute or in these rules, costs shall be

allowed as of course to the prevailing party unless the

court otherwise directs; but costs against the State or

a county, or an officer or agency of the State or a

county, shall be imposed only to the extent permitted

by law. Costs may be taxed by the clerk on 48 hours'

notice. On motion served within 5 days thereafter, the

action of the clerk may be reviewed by the court.

(2) A

TTORNEYS' FEES.

(A) Claims for attorneys' fees and related non-

taxable expenses shall be made by motion unless the

substantive law governing the action provides for the

recovery of such fees as an element of damages to be

proved at trial.

(B) Unless otherwise provided by statute or

order of the court, the motion must be filed and

served no later than 14 days after entry of an

appealable order or judgment; must specify the

judgment and the statute, rule, or other grounds

entitling the moving party to the award; and must

state the amount or provide a fair estimate of the

amount sought. If directed by the court, the motion

shall also disclose the terms of any agreement with

respect to fees to be paid for the services for which

claim is made.

(C) The provisions of subparagraphs (A) and

(B) do not apply to claims for fees and expenses as

sanctions for violations of rules.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

Rule 55. DEFAULT.

(a) Entry. When a party against whom a

judgment for affirmative relief is sought has failed to

plead or otherwise defend as provided by these rules

and that fact is made to appear by affidavit or

otherwise, the clerk shall enter the party's default.

(b) Judgment. Judgment by default may be

entered as follows:

(1) B

Y THE CLERK. When the plaintiff's claim

against a defendant is for a sum certain or for a sum

which can by computation be made certain, the clerk

upon request of the plaintiff and upon affidavit of the

amount due shall enter judgment for that amount and

costs against the defendant, if the defendant has been

defaulted for failure to appear and is not an infant or

incompetent person.

(2) B

Y THE COURT. In all other cases the party

entitled to a judgment by default shall apply to the

court therefor; but no judgment by default shall be

entered against an infant or incompetent person

unless represented in the action by a guardian, or

other such representative who has appeared therein,

and upon whom service may be made under Rule 17.

If the party against whom judgment by default is

sought has appeared in the action, the party (or, if

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Rule 55 HAWAI‘I RULES OF CIVIL PROCEDURE

appearing by representative, the party's

representative) shall be served with written notice of

the application for judgment at least 3 days prior to

the hearing on such application. If, in order to enable

the court to enter judgment or to carry it into effect,

it is necessary to take an account or to determine the

amount of damages or to establish the truth of any

averment by evidence or to make an investigation of

any other matter, the court may conduct such

hearings or order such references as it deems

necessary and proper and shall accord a right of trial

by jury to the parties when and as required by any

statute.

(c) Setting aside default. For good cause

shown the court may set aside an entry of default and,

if a judgment by default has been entered, may

likewise set it aside in accordance with Rule 60(b).

(d) Plaintiffs, counterclaimants, cross-

claimants. The provisions of this rule apply whether

the party entitled to the judgment by default is a

plaintiff, a third-party plaintiff, or a party who has

pleaded a cross-claim or counterclaim. In all cases a

judgment by default is subject to the limitations of

Rule 54(c).

(e) Judgment against the state, etc. No

judgment by default shall be entered against the State

or a county, or an officer or agency of the State or a

county, unless the claimant establishes a claim or

right to relief by evidence satisfactory to the court.

(Amended December 7, 1999, effective January

1, 2000.)

Rule 56. SUMMARY JUDGMENT.

(a) For claimant. A party seeking to recover

upon a claim, counterclaim, or cross-claim or to

obtain a declaratory judgment may move with or

without supporting affidavits for a summary

judgment in the party's favor upon all or any part

thereof. A party seeking recovery under this rule may

seek relief at any time after the expiration of 20 days

from the commencement of the action or after service

of a motion for summary judgment by the adverse

party, provided, however, that a motion seeking relief

under this rule shall be served and filed no less than

50 days before the date of the trial unless granted

permission by the court and for good cause shown.

(b) For defending party. A party against

whom a claim, counterclaim, or cross-claim is

asserted or a declaratory judgment is sought may

move with or without supporting affidavits for a

summary judgment in the party's favor as to all or

any part thereof, provided, however, that a motion

seeking relief under this rule shall be filed and served

no less than 50 days before the date of the trial unless

granted permission by the court and for good cause

shown.

(c) Motion and proceedings thereon. The

motion shall be filed and served not less than 18 days

before the date set for the hearing. The adverse party

may file and serve opposing memorandum and/or

affidavits not less than 8 days before the date set for

the hearing. The moving party may file and serve a

reply or affidavit not less than 3 days before the date

set for the hearing. The judgment sought shall be

rendered forthwith if the pleadings, depositions,

answers to interrogatories, and admissions on file,

together with the affidavits, if any, show that there is

no genuine issue as to any material fact and that the

moving party is entitled to a judgment as a matter of

law. A summary judgment, interlocutory in character,

may be rendered on the issue of liability alone

although there is a genuine issue as to the amount of

damages.

(d) Case not fully adjudicated on motion. If

on motion under this rule judgment is not rendered

upon the whole case or for all the relief asked and a

trial is necessary, the court at the hearing of the

motion, by examining the pleadings and the evidence

before it and by interrogating counsel, shall if

practicable ascertain what material facts exist without

substantial controversy and what material facts are

actually and in good faith controverted. It shall

thereupon make an order specifying the facts that

appear without substantial controversy, including the

extent to which the amount of damages or other relief

is not in controversy, and directing such further

proceedings in the action as are just. Upon the trial of

the action the facts so specified shall be deemed

established, and the trial shall be conducted

accordingly.

(e) Form of affidavits; further testimony;

defense required. Supporting and opposing

affidavits shall be made on personal knowledge, shall

set forth such facts as would be admissible in

evidence, and shall show affirmatively that the affiant

HRCP--60 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 59

is competent to testify to the matters stated therein.

Sworn or certified copies of all papers or parts thereof

referred to in an affidavit shall be attached thereto or

served therewith. The court may permit affidavits to

be supplemented or opposed by depositions, answers

to interrogatories, or further affidavits. When a

motion for summary judgment is made and supported

as provided in this rule, an adverse party may not rest

upon the mere allegations or denials of the adverse

party's pleading, but the adverse party's response, by

affidavits or as otherwise provided in this rule, must

set forth specific facts showing that there is a genuine

issue for trial. If the adverse party does not so

respond, summary judgment, if appropriate, shall be

entered against the adverse party.

(f) When affidavits are unavailable. Should

it appear from the affidavits of a party opposing the

motion that the party cannot for reasons stated present

by affidavit facts essential to justify the party's

opposition, the court may refuse the application for

judgment or may order a continuance to permit

affidavits to be obtained or depositions to be taken or

discovery to be had or may make such other order as

is just.

(g) Affidavits made in bad faith. Should it

appear to the satisfaction of the court at any time that

any of the affidavits presented pursuant to this rule

are presented in bad faith or solely for the purpose of

delay, the court shall forthwith order the party

employing them to pay to the other party the amount

of the reasonable expenses which the filing of the

affidavits caused the other party to incur, including

reasonable attorney's fees, and any offending party or

attorney may be adjudged guilty of contempt.

(h) Form of order. Whenever the court on a

motion for summary judgment, disposes of one or

more but fewer than all claims, involving one or more

parties, the order entered must specifically set forth

the claim or claims disposed of, and with respect to

each such claim, the party or parties in whose favor

the disposition is made and the party or parties

against whom the disposition is made.

(Amended May 15, 1972, effective July 1, 1972;

further amended July 26, 1990, effective September 1,

1990; further amended September 11, 1996, effective

January 1, 1997; further amended May 15, 1997,

effective June 2, 1997; further amended December 7,

1999, effective January 1, 2000.)

Rule 57. DECLARATORY JUDGMENTS.

The procedure for obtaining a declaratory

judgment pursuant to statute shall be in accordance

with these rules, and the right to trial by jury may be

demanded under the circumstances and in the manner

provided in Rules 38 and 39. The existence of

another adequate remedy does not preclude a

judgment for declaratory relief in cases where it is

appropriate, except that declaratory relief may not be

obtained in any controversy with respect to taxes.

The court may order a speedy hearing of an action for

a declaratory judgment and may advance it on the

calendar.

(Amended December 7, 1999, effective January

1, 2000.)

Rule 58. ENTRY OF JUDGMENT.

Unless the court otherwise directs and subject to

the provisions of Rule 54 of these rules and Rule 23

of the Rules of the Circuit Courts, the prevailing

party shall prepare and submit a proposed judgment.

The filing of the judgment in the office of the clerk

constitutes the entry of the judgment; and the

judgment is not effective before such entry. The entry

of the judgment shall not be delayed for the taxing of

costs. Every judgment shall be set forth on a separate

document.

(Amended July 26, 1990, effective September 1,

1990; further amended January 28, 2010, effective

July 1, 2010.)

Rule 59. NEW TRIALS; AMENDMENT OF

JUDGMENTS.

(a) Grounds. A new trial may be granted to all

or any of the parties and on all or part of the issues

(1) in an action in which there has been a trial by

jury, for any of the reasons for which new trials have

heretofore been granted in actions at law in the courts

of the State; and (2) in an action tried without a jury,

for any of the reasons for which rehearings have

heretofore been granted in suits in equity in the

courts of the State. On a motion for a new trial in an

action tried without a jury, the court may open the

judgment if one has been entered, take additional

testimony, amend findings of fact and conclusions of

law or make new findings and conclusions, and direct

the entry of a new judgment.

(Release: 12/21) HRCP--61

Rule 59 HAWAI‘I RULES OF CIVIL PROCEDURE

(b) Time for motion. A motion for a new trial

shall be filed no later than 10 days after entry of the

judgment.

(c) Time for serving affidavits. When a

motion for new trial is based on affidavits, they shall

be filed with the motion. The opposing party has 10

days after service to file opposing affidavits, but that

period may be extended for up to 20 days, either by

the court for good cause or by the parties' written

stipulation. The court may permit reply affidavits.

(d) On court's initiative; notice; specifying

grounds. No later than 10 days after entry of

judgment the court, on its own, may order a new trial

for any reason that would justify granting one on a

party's motion. After giving the parties notice and an

opportunity to be heard, the court may grant a timely

motion for a new trial, for a reason not stated in the

motion. When granting a new trial on its own

initiative or for a reason not stated in a motion, the

court shall specify the grounds in its order.

(e) Motion to alter or amend judgment. Any

motion to alter or amend a judgment shall be filed no

later than 10 days after entry of the judgment.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective January

1, 2000.)

Rule 60. RELIEF FROM JUDGMENT OR

ORDER.

(a) Clerical mistakes. Clerical mistakes in

judgments, orders or other parts of the record and

errors therein arising from oversight or omission may

be corrected by the court at any time of its own

initiative or on the motion of any party and after such

notice, if any, as the court orders. During the

pendency of an appeal, such mistakes may be so

corrected before the appeal is docketed, and thereafter

while the appeal is pending may be so corrected with

leave of the appellate court.

(b) Mistakes; inadvertence; excusable

neglect; newly discovered evidence; fraud, etc. On

motion and upon such terms as are just, the court may

relieve a party or a party's legal representative from a

final judgment, order, or proceeding for the following

reasons: (1) mistake, inadvertence, surprise, or

excusable neglect; (2) newly discovered evidence

which by due diligence could not have been

discovered in time to move for a new trial under Rule

59(b); (3) fraud (whether heretofore denominated

intrinsic or extrinsic), misrepresentation, or other

misconduct of an adverse party; (4) the judgment is

void; (5) the judgment has been satisfied, released, or

discharged, or a prior judgment upon which it is

based has been reversed or otherwise vacated, or it is

no longer equitable that the judgment should have

prospective application; or (6) any other reason

justifying relief from the operation of the judgment.

The motion shall be made within a reasonable time,

and for reasons (1), (2), and (3) not more than one

year after the judgment, order, or proceeding was

entered or taken. A motion under this subdivision (b)

does not affect the finality of a judgment or suspend

its operation. This rule does not limit the power of a

court to entertain an independent action to relieve a

party from a judgment, order, or proceeding, or to set

aside a judgment for fraud upon the court. Writs of

coram nobis, coram vobis, audita querela, and bills of

review and bills in the nature of a bill of review, are

abolished, and the procedure for obtaining any relief

from a judgment shall be by motion as prescribed in

these rules or by an independent action.

(Amended December 7, 1999, effective January

1, 2000; further amended May 30, 2006, effective

July 1, 2006.)

Rule 61. HARMLESS ERROR.

No error in either the admission or the exclusion

of evidence and no error or defect in any ruling or

order or in anything done or omitted by the court or

by any of the parties is ground for granting a new

trial or for setting aside a verdict or for vacating,

modifying, or otherwise disturbing a judgment or

order, unless refusal to take such action appears to

the court inconsistent with substantial justice. The

court at every stage of the proceeding must disregard

any error or defect in the proceeding which does not

affect the substantial rights of the parties.

HRCP--62 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 63

Rule 62. STAY OF PROCEEDINGS TO

ENFORCE A JUDGMENT.

(a) Automatic stay; exceptions - Injunctions,

receiverships, and accountings. Except as stated

herein, no execution shall issue upon a judgment nor

shall proceedings be taken for its enforcement until

the expiration of 10 days after its entry. Unless

otherwise ordered by the court, an interlocutory or

final judgment in an action for an injunction or in a

receivership action, or a judgment or order directing

an accounting shall not be stayed during the period

after its entry and until an appeal is taken or during

the pendency of an appeal. The provisions of

subdivision; (c) of this rule govern the suspending,

modifying, restoring, or granting of an injunction

during the pendency of an appeal.

(b) Stay on motion for new trial or for

judgment. In its discretion and on such conditions

for the security of the adverse party as are proper, the

court may stay the execution of or any proceedings to

enforce a judgment pending the disposition of a

motion for a new trial or to alter or amend a judgment

made pursuant to Rule 59, or of a motion for relief

from a judgment or order made pursuant to Rule 60,

or of a motion for judgment in accordance with a

motion for a directed verdict made pursuant to Rule

50, or of a motion for amendment to the findings or

for additional findings made pursuant to Rule 52(b),

or when justice so requires in other cases until such

time as the court may fix.

(c) Injunction pending appeal. When an

appeal is taken from an interlocutory or final

judgment granting, dissolving, or denying an

injunction, the court in its discretion may suspend,

modify, restore, or grant an injunction during the

pendency of the appeal upon such terms as to bond or

otherwise as it considers proper for the security of the

rights of the adverse party.

(d) Stay upon appeal. When an appeal is taken

the appellant by giving a supersedeas bond may

obtain a stay subject to the exceptions contained in

subdivision (a) of this rule. The bond may be given at

or after the time of filing the notice of appeal or of

procuring the order allowing the appeal, as the case

may be. The stay is effective when the supersedeas

bond is approved by the court.

(e) Stay in favor of the state, etc. When an

appeal is taken by or at the direction of the State or a

county, or by an officer or agency of the State or a

county, and the operation or enforcement of the

judgment is stayed, no bond, obligation, or other

security shall be required from the appellant.

(f) Reserved.

(g) Power of supreme court and intermediate

court of appeals not limited. The provisions in this

rule do not limit any power of the supreme court or

of the intermediate court of appeals or of a justice or

judge thereof to stay proceedings during the

pendency of an appeal or to suspend, modify, restore,

or grant an injunction during the pendency of an

appeal or to make any order appropriate to preserve

the status quo or the effectiveness of the judgment

subsequently to be entered.

(h) Stay of judgment as to multiple claims or

multiple parties. When a court has ordered a final

judgment under the conditions stated in Rule 54(b),

the court may stay enforcement of that judgment until

the entering of a subsequent judgment or judgments

and may prescribe such conditions as are necessary to

secure the benefit thereof to the party in whose favor

the judgment is entered.

(Amended April 7, 1980, effective April 7,

1980.)

Rule 63. INABILITY OF A JUDGE TO

PROCEED.

If a trial or hearing has been commenced and the

judge is unable to proceed, any other judge may

proceed with it upon certifying familiarity with the

record and determining that the proceedings in the

case may be completed without prejudice to the

parties. In a hearing or trial without a jury, the

successor judge shall at the request of a party recall

any witness whose testimony is material and disputed

and who is available to testify again without undue

burden. The successor judge may also recall any

other witness.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective

January 1, 2000.)

(Release: 12/.21) HRCP--63

Rule 64 HAWAI‘I RULES OF CIVIL PROCEDURE

VIII. PROVISIONAL AND FINAL

REMEDIES AND SPECIAL PROCEEDINGS

Rule 64. SEIZURE OF PERSON OR\

PROPERTY.

At the commencement of and during the course

of an action, all remedies providing for seizure of

person or property for the purpose of securing

satisfaction of the judgment ultimately to be entered

in the action are available under the circumstances

and in the manner provided by the law of the State.

The remedies thus available include arrest,

attachment, garnishment, replevin, sequestration, and

other corresponding or equivalent remedies, however

designated and regardless of whether the remedy is

ancillary to an action or must be obtained by an

independent action.

Rule 65. INJUNCTIONS.

(a) Preliminary injunction.

(1) N

OTICE. No preliminary injunction shall be

issued without notice to the adverse party.

(2) C

ONSOLIDATION OF HEARING WITH TRIAL

ON MERITS

. Before or after the commencement of the

hearing of an application for a preliminary injunction,

the court may order the trial of the action on the

merits to be advanced and consolidated with the

hearing of the application. Even when this

consolidation is not ordered, any evidence received

upon an application for a preliminary injunction

which would be admissible upon the trial on the

merits becomes part of the record on the trial and

need not be repeated upon the trial. This subdivision

(a) (2) shall be so construed and applied as to save to

the parties any rights they may have to trial by jury.

(b) Temporary restraining order; notice;

hearing; duration. A temporary restraining order

may be granted without written or oral notice to the

adverse party or that party's attorney only if (1) it

clearly appears from specific facts shown by affidavit

or by the verified complaint that immediate and

irreparable injury, loss, or damage will result to the

applicant before the adverse party or that party's

attorney can be heard in opposition, and (2) the

applicant's attorney certifies to the court in writing

the efforts, if any, which have been made to give the

notice and the reasons supporting the claim that

notice should not be required. Every temporary

restraining order granted without notice shall be

indorsed with the date and hour of issuance; shall be

filed forthwith in the clerk's office and entered of

record; shall define the injury and state why it is

irreparable and why the order was granted without

notice; and shall expire by its terms within such time

after entry, not to exceed 10 days, as the court fixes,

unless within the time so fixed the order, for good

cause shown, is extended for a like period or unless

the party against whom the order is directed consents

that it may be extended for a longer period. The

reasons for the extension shall be entered of record.

In case a temporary restraining order is granted

without notice, the motion for a preliminary

injunction shall be set down for hearing at the earliest

possible time and takes precedence of all matters

except older matters of the same character; and when

the motion comes on for hearing the party who

obtained a temporary restraining order shall proceed

with the application for a preliminary injunction and,

if that party does not do so, the court shall dissolve

the temporary restraining order. On 2 days' notice to

the party who obtained the temporary restraining

order without notice or on such shorter notice to that

party as the court may prescribe, the adverse party

may appear and move its dissolution or modification

and in that event the court shall proceed to hear and

determine such motion as expeditiously as the ends

of justice require.

(c) Security. In all cases, the court, on granting

a temporary restraining order or a preliminary

injunction or at any time thereafter, may require

security or impose such other equitable terms as it

deems proper. No such security shall be required of

the State or a county, or an officer or agency of the

State or a county.

The provisions of Rule 65.1 apply to a surety

upon a bond or undertaking under this rule.

HRCP--64 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 68

(d) Form and scope of injunction or

restraining order. Every order granting an

injunction and every restraining order shall set forth

the reasons for its issuance; shall be specific in terms;

shall describe in reasonable detail, and not by

reference to the complaint or other document, the act

or acts sought to be restrained; and is binding only

upon the parties to the action, their officers, agents,

servants, employees, and attorneys, and upon those

persons in active concert or participation with them

who receive actual notice of the order by personal

service or otherwise.

(e) Civil defense and emergency act cases.

This rule shall not modify section 128-29 of the

Hawai‘i Revised Statutes.

(Amended May 15, 1972, effective July 1, 1972;

further amended December 7, 1999, effective January

1, 2000.)

Rule 65.1. SECURITY: PROCEEDINGS

AGAINST SURETIES.

Whenever these rules require or permit the

giving of security by a party, and security is given in

the form of a bond or stipulation or other undertaking

with one or more sureties, each surety submits to the

jurisdiction of the court and irrevocably appoints the

clerk of the court as the surety's agent upon whom

any papers affecting the surety's liability on the bond

or undertaking may be served. The surety's liability

may be enforced on motion without the necessity of

an independent action. The motion and such notice of

the motion as the court prescribes may be served on

the clerk of the court, who shall forthwith mail copies

to the sureties if their addresses are known.

(Added May 15, 1972, effective July 1, 1972;

amended December 7, 1999, effective January 1,

2000.)

Rule 66. RECEIVERS APPOINTED BY

COURTS.

An action wherein a receiver has been appointed

shall not be dismissed except by order of the court.

The practice in the administration of estates by

receivers or by other similar officers appointed by the

court shall be in accordance with the practice

heretofore followed. In all other respects the action in

which the appointment of a receiver is sought or

which is brought by or against a receiver is governed

by these rules.

Rule 67. DEPOSIT IN COURT.

In an action in which any part of the relief

sought is a judgment for a sum of money or the

disposition of any other thing capable of delivery, a

party, upon notice to every other party, and by leave

of court, may deposit with the court all or any part of

such sum or thing. Money paid into court under this

rule shall be deposited and withdrawn in accordance

with orders of the court.

Rule 68. OFFER OF SETTLEMENT OR

JUDGMENT.

At any time more than 10 days before the trial

begins, any party may serve upon any adverse party

an offer of settlement or an offer to allow judgment

to be taken against either party for the money or

property or to the effect specified in the offer, with

costs then accrued. If within 10 days after the service

of the offer the adverse party serves written notice

that the offer is accepted, either party may then file

the offer and notice of acceptance together with proof

of service thereof and thereupon the clerk shall, in

accordance with the agreement, enter an order of

dismissal or a judgment. An offer not accepted shall

be deemed withdrawn and evidence thereof is not

admissible except in a proceeding to determine costs.

If the judgment finally obtained by the offeree is not

more favorable than the offer, the offeree must pay

the costs incurred after the making of the offer. The

fact that an offer is made but not accepted does not

preclude a subsequent offer. When the liability of one

party to another has been determined by verdict or

order or judgment, but the amount or extent of the

liability remains to be determined by further

proceedings, either party may make an offer of

judgment, which shall have the same effect as an

offer made before trial if it is served within a

reasonable time not less than 10 days prior to the

commencement of hearings to determine the amount

or extent of liability.

(Amended May 15, 1972, effective July 1, 1972;

further amended May 25, 1999, effective July 1,

1999.)

(Release: 12/21) HRCP--65

Rule 69 HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 69. EXECUTION.

Process to enforce a judgment for the payment

of money shall be a writ of execution, unless the

court directs otherwise. The procedure on execution,

in proceedings supplementary to and in aid of a

judgment, and in proceedings on and in aid of

execution shall be in the manner provided by the law

of the State. In aid of the judgment or execution, the

judgment creditor or his successor in interest when

that interest appears of record, may obtain discovery

from any person, including the judgment debtor, in

the manner provided in these rules for taking

depositions.

(Amended May 15, 1972, effective July 1, 1972.)

Rule 70. JUDGMENT FOR SPECIFIC ACTS;

VESTING TITLE.

If a judgment directs a party to execute a

conveyance of land or to deliver deeds or other

documents or to perform any other specific act and

the party fails to comply within the time specified, the

court may direct the act to be done at the cost of the

disobedient party by some other person appointed by

the court and the act when so done has like effect as

if done by the party. On application of the party

entitled to performance, the clerk shall issue a writ of

attachment or sequestration against the property of

the disobedient party to compel obedience to the

judgment. The court may also in proper cases adjudge

the party in contempt. If real or personal property is

within the State, the court in lieu of directing a

conveyance thereof may enter a judgment divesting

the title of any party and vesting it in others and such

judgment has the effect of a conveyance executed in

due form of law. When any order or judgment is for

the delivery of possession, the party in whose favor it

is entered is entitled to a writ of execution or

assistance upon application to the clerk.

Rule 71. PROCESS IN BEHALF OF AND

AGAINST PERSONS NOT PARTIES.

When an order is made in favor of a person who

is not a party to the action, that person may enforce

obedience to the order by the same process as if a

party; and, when obedience to an order may be

lawfully enforced against a person who is not a party,

that person is liable to the same process for enforcing

obedience to the order as if a party.

(Amended December 7, 1999, effective January

1, 2000.)

IX. APPEALS

Rule 72. APPEAL TO A CIRCUIT COURT.

(a) How taken. Where a right of

redetermination or review in a circuit court is allowed

by statute, any person adversely affected by the

decision, order or action of a governmental official or

body other than a court, may appeal from such

decision, order or action by filing a notice of appeal

in the circuit court having jurisdiction of the matter.

As used in this Rule, the term "appellant" means any

person or persons filing a notice of appeal, and

“appellee” means every governmental body or

official (other than a court) whose decision, order or

action is appealed from, and every other party to the

proceedings.

(b) Time. The notice of appeal shall be filed in

the circuit court within 30 days after the person

desiring to appeal is notified of the rendering or entry

of the decision or order, or of the action taken, in the

manner provided by statute. However, if the notice

of appeal is mailed, the notice of appeal shall be

deemed timely filed if the mailing is postmarked

within the time fixed for filing and is received by the

clerk no later than 5 days after the postmarked date.

For the purposes of calculating other deadlines in

these Rules, the date of filing under this Rule shall be

the date the document is received by the Clerk.

(c) Service. Promptly after filing the notice of

appeal, the appellant shall serve a certified copy

thereof upon each appellee.

(d) Record on appeal.

(1) D

ESIGNATION. The appellant shall, within

the time provided for filing the notice of appeal (or

within such further time, not to exceed 30 days, as

may be allowed by the court for good cause shown),

HRCP--66 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 72

file with the clerk of the circuit court a Designation of

Record on Appeal (the “designation”) which shall

specify the papers, transcripts, minutes and exhibits

(“the designated materials”) that the appellant desires

to be filed in the circuit court in connection with the

appeal.

The appellant shall fill out an “Order for

Certification and Transmission of the Record” form,

provided by the circuit court, which shall command

the governmental official or body whose decision,

order or action is appealed from (the “agency”), to

certify and transmit the designated materials to the

circuit court within 20 days of the date of the “Order

for Certification and Transmission of the Record” or

within such further time as may be allowed by the

circuit court.

If the appellant is a JEFS User, the appellant

shall cause the “Order for Certification and

Transmission of the Record” to be electronically

issued and certified via JEFS.

If the appellant is not a JEFS User, the clerk, in

the name and under the seal of the circuit court, shall

date and sign the “Order for Certification and

Transmission of the Record” and shall issue certified

copies of the designation and order.

The appellant shall serve certified copies o f the

designation and “Order for Certification and

Transmission of the Record” upon the agency and

upon all parties and shall file with the clerk of the

circuit court a certificate of service reflecting such

service.

The circuit court may compel obedience to the

order by any appropriate process.

(2) C

OUNTER DESIGNATION. Any appellee may,

within 10 days after service of the designation and

statement of the case, file with the clerk of the circuit

court a Counter-Designation of Record on Appeal

(the “counter-designaton”), which shall specify

additional papers, transcripts, minutes and exhibits

(the “counter-designation materials”) that the appellee

desires to be filed in the circuit court in connection

with the appeal. The appellee shall fill out an “Order

for Certification and Transmission of the Record”

form provided by the circuit court, which shall

command the agency to certify and transmit the

counter-designated materials to the circuit court

within 20 days of the date of the “Order for

Certification and Transmission of the Record” or

within such further time as may be allowed by the

circuit court.

If the appellee is a JEFS User, the appellee shall

cause the “Order for Certification and Transmission

of the Record” to be electronically issued and

certified via JEFS.

If the appellee is not a JEFS User, the clerk, in

the name and under the seal of the circuit court, shall

date and sign the “Order for Certification and

Transmission of the Record” and shall issue certified

copies of the counter-designation and order.

The circuit court may compel obedience to the

order by any appropriate process. When the agency

is the counter-designating appellee, it shall be

sufficient that the appellee agency file the counter-

designated materials and identify the same in an

accompanying certificate. A copy of such certificate

and of any counter-designation shall be served

forthwith upon the appellant.

The appellee shall serve certified copies of the

counter-designation and “Order for Certification and

Transmission of the Record” upon the agency and

upon all other parties and shall file with the clerk of

the circuit court a certificate of service reflecting such

service.

(e) Statement of case. The appellant shall file

in the circuit court concurrently with the filing of

appellant's designation, a short and plain statement of

the case and a prayer for relief. Certified copies of

such statement shall be served forthwith upon every

appellee. The statement shall be treated, as near as

may be, as an original complaint and the provision of

these Rules respecting motions and answers in

response thereto shall apply.

(f) Briefs; oral argument.

(1) B

RIEFS; DEADLINES. The opening brief

shall be filed within 40 days after the filing of the

record on appeal. The answering brief shall be filed

within 40 days after service of the appellant’s

opening brief. Within 14 days after service of the

appellee’s answering brief, the appellant may file a

reply brief. Reply briefs shall be confined to matters

presented in the answering brief. If no reply brief is

to be filed, the appellant shall notify the clerk and the

appellee in writing of the decision not to file a reply

brief, prior to the expiration of the time for filing the

reply brief.

(Release: 12/21) HRCP--67

Rule 72 HAWAI‘I RULES OF CIVIL PROCEDURE

(2) Requirements. The opening, answering, and

reply briefs shall be subject to the page limitations set

forth in Rule 28(a) of the Hawai‘i Rules of Appellate

Pr

ocedure and shall include, at a minimum:

(A) a

statement of the questions presented for

decision;

(B) a brief statement of the facts (that need not

duplicate the statement of the case separately required

under Rule 72(e) of this Rule);

(C) a concise argument; and

(D) a conclusion specifying the relief sought.

(3) O

RAL ARGUMENT. On the filing of the

answering brief, the court shall schedule the matter

for oral argument, with argument to take place after

the deadline for the reply brief.

(g) Trial by jury. Where by law an appeal may

be tried before a jury, the case shall be tried without

jury unless any appellant or appellee shall have

demanded trial by jury in the manner and within the

time provided in Rule 38 of these Rules.

(h) Costs. No appeal shall be heard, and the

appeal shall be dismissed, unless the appellant shall

pay all costs, if any, and furnish every bond or other

security, if any, required by law.

(i) Stay. The filing of a notice of appeal shall

not operate as a stay of the decision, order or action

appealed from, unless otherwise provided by statute

or unless ordered, for good cause shown, by the

circuit court.

(j) Reserved.

(k) Judgment. Upon determination of the

appeal, the court having jurisdiction shall enter

judgment. Such judgment shall be reviewable, or

final, as may be provided by law. Promptly after final

determination of the appeal in the circuit court or in

the appellate court, the clerk of the court finally

determining the case shall notify the governmental

official or body concerned, of the disposition of the

appeal.

(Amended May 15, 1972, effective July 1, 1972;

further amended and effective May 8, 1996; further

amended May 30, 2006, effective July 1, 2006;

further amended August 26, 2011, effective January

1, 2012; further amended July 3, 2019, effective

January 1, 2020; further amended October 31, 2019,

effective nunc pro tunc October 28, 2019.)

Rule 73. to 76. DELETED.

X. CIRCUIT COURTS AND CLERKS

Rule 77. CIRCUIT COURTS AND CLERKS.

(a) Circuit courts always open. The circuit

courts shall be deemed always open for the purpose

of filing any pleading or other proper paper, of

issuing and returning mesne and final process, and of

making and directing all interlocutory motions,

orders, and rules. Documents filed through JEFS or

JIMS are deemed filed with the clerk of court.

(b) Trials and hearings; orders in chambers.

All trials upon the merits shall be conducted in open

court and so far as convenient in a regular court

room. All other acts or proceedings may be done or

conducted by a judge in chambers, without the

attendance of the clerk or other court officials and at

any place either within or without the circuit; but no

hearing, other than one ex parte, shall be conducted

outside the circuit without the consent of all parties

affected thereby.

(c) Clerk's office and orders by clerk. The

clerk's office with the clerk or a deputy in attendance

shall be open during business hours on all days

except Saturdays, Sundays and legal holidays. All

motions and applications in the clerk's office for

issuing mesne process, for issuing final process to

enforce and execute judgments, for entering defaults

or judgments by default, and for other proceedings

which do not require allowance or order of the court

are grantable by the clerk; but the clerk's action may

be suspended or altered or rescinded by the court

upon cause shown.

(d) Notice of orders or judgments.

Immediately upon entry of a judgment, or an order

for which notice of entry is required by these Rules,

the clerk shall conventionally serve a notice of the

entry by mail in the manner provided for in Rule 5 of

these Rules upon each unrepresented party who is not

in default for failure to appear and who is not a JEFS

User or who has not consented to electronic service.

The clerk shall note the service by a text-only entry

on the docket or by filing a certificate of

conventional service. Such mailing is sufficient

notice for all purposes for which notice of the entry

of a judgment or order is required by these Rules. In

addition, immediately upon entry, the party

presenting the judgment or order shall serve a copy

thereof in the manner provided in Rule 5 of these

Rules. Lack of notice of the entry by the clerk or

HRCP--68 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 79

failure to make such service does not affect the time

to appeal or relieve or authorize the court to relieve a

party for failure to appeal within the time allowed,

except as permitted in Rule 4(a) of the Hawai‘i Rules

o

f Appellate Procedure. The court may impose

appropriate sanctions against any party for failure to

give notice in accordance with this Rule. The

electronic filing of the judgment or order shall serve

as notice of entry of the judgment or order for

registered JEFS Users.

(e

) Reserved.

(Amended, May 15, 1972, effective July 1, 1972;

further amended April 23, 1985, effective April 23,

1985; further amended November 23, 1994, effective

December 15, 1994; further amended effective July 1,

1998; further amended December 7, 1999, effective

January 1, 2000; further amended June 15, 2005,

effective July 1, 2005; further amended October 31,

2019, effective nunc pro tunc October 28, 2019.)

Rule 78. MOTION DAY.

Unless local c

onditions make it impracticable,

each circuit court shall establish regular times and

places, at intervals sufficiently frequent for the

prompt dispatch of business, at which motions

requiring notice and hearing may be heard and

disposed of; but the judge at any time or place and on

such notice, if any, as the judge considers reasonable

may make orders for the advancement, conduct, and

hearing of actions.

To expedite its business, the court may make

provision by rule or order for the submission and

determination of motions without oral hearing upon

brief written statements of reasons in support and

opposition.

(Amende

d December 7, 1999, effective January

1, 2000.)

Rule 79. BOOKS AND RECORDS KEPT BY

THE CLERK AND ENTRIES

THEREIN.

(a) Civil docket. The clerk shall keep a book

known as "civil docket" of such form and style as

may be prescribed by the supreme court, and shall

enter therein each civil action to which these rules are

made applicable. Actions shall be assigned

consecutive file numbers. The file number of each

action shall be noted on the folio of the docket

whereon the first entry of the action is made. All

papers filed with the clerk, all process issued and

returns made thereon, all appearances, orders,

verdicts, and judgments shall be noted

chronologically in the civil docket on the folio

assigned to the action and shall be marked with its

file number. These notations shall be brief but shall

show the nature of each paper filed or writ issued and

the substance of each order or judgment of the court

and of the returns showing execution of process. The

notation of an order or judgment shall show the date

the notation is made. When in an action trial by jury

has been properly demanded or ordered the clerk

shall enter the word "jury" on the folio assigned to

that action.

(b) Civil judgments and orders. The clerk

shall keep, in such form and manner as the supreme

court may prescribe, a correct copy of every final

judgment or appealable order, or order affecting title

to or lien upon real or personal property, and any

other order which the court may direct to be kept.

(c) Indices; calendars. Suitable indices of the

civil docket and of every civil judgment and order

referred to in subdivision (b) of this rule shall be kept

by the clerk under the direction of the court. There

shall be prepared under the direction of the court

calendars of all actions ready for trial, which shall

distinguish "jury actions" from "court actions".

(d) Other books and records of the clerk. The

clerk shall also keep such other books and records as

may be required from time to time by the supreme

court.

(Release: 12/21) HRCP--69

Rule 80 HAWAI#I RULES OF CIVIL PROCEDURE

Rule 80. STENOGRAPHIC REPORT OR

TRANSCRIPT AS EVIDENCE.

(a) Reserved.

(b) Reserved.

(c) Stenographic report or transcript as

evidence. Whenever the testimony of a witness at a

trial or hearing which was stenographically reported

is admissible in evidence at a later trial, it may be

proved by the transcript thereof duly certified by the

person who reported the testimony.

XI. GENERAL PROVISIONS

Rule 81. APPLICABILITY.

(a) To what proceedings not applicable.

Except as expressly otherwise provided in this Rule

81 or another rule of court, these rules shall not apply

to the following proceedings (pursuant to specific

provisions of the Hawai#i Revised Statutes when cited

be

low) in any circuit court:

(1) Pr

obate proceedings under chapter 560;

(2) Guardianship proceedings under chapter

551;

(3) Ex parte proceedings with respect to the

accounts of trustees and guardians under chapter 554;

(4) Proceedings in the family court;

(5) Applications to a circuit court under chapter

658A, relating to arbitration, and proceedings thereon

prior to judgment;

(6) Habeas corpus proceedings under chapter

660;

(7) Proceedings seeking a writ directed to a

court of inferior jurisdiction under section

603-21.7(b);

(8) Proceedings for the forfeiture of bonds

under section 709-51, as the same may be

renumbered;

(9) Proceedings under section 416-81 relating to

the calling of a meeting of a corporation.

(b) Other proceedings. These rules shall apply

to the following proceedings except insofar as and to

the extent that they are inconsistent with specific

statutes of the State or rules of court relating to such

proceedings:

(1) Proceedings in the land court under chapter

501;

(2) Eminent domain proceedings;

(3) Actions for partition or to quiet title;

(4) Quo warranto proceedings;

(5) Escheat proceedings under chapter 665;

(6) Proceedings for the forfeiture of property

for violation of a statute;

(7) Proceedings under section 325-79 to 325-84

relating to isolation of tubercular persons;

proceedings under chapter 333 or chapter 334

relating to commitment, admission, transfer, release,

or discharge of any person who is or may be mentally

retarded, mentally defective, mentally ill, habituated

to the excessive use of drugs or alcohol, or

intoxicated; and proceedings under any statute for the

commitment, release, or discharge of a person who is

or may be not responsible under the criminal laws, or

unfit to proceed thereunder, on account of a disease,

disorder, or defect;

(8) Actions for the collection of taxes;

(9) Proceedings for enforcement of an order,

subpoena, or other power of an administrative

agency;

(10) Proceedings concerning voter registration

or elections;

(11) Proceedings for the impeachment of a

county officer;

(12) Proceedings under: section 92-6, relating

to public records; chapter 172, relating to foreclosure

of liens for commutation and for expenses of

determination of boundaries; chapters 89 and 380,

relating to collective bargaining and labor disputes;

sections 383-34(d), 383-35, 39279(d), and 392-80,

with respect to reconsideration of a determination

upon a claim for unemployment benefits or

temporary disability benefits; sections 403-192 and

406-51 to 52, relating to banks and trust companies;

sections 467-16 to 467-25, relating to collection of a

judgment from the real estate recovery fund; section

480-22(a), relating to consent judgments under

chapter 480; sections 515-10(e) and 515-14(c),

relating to discriminatory practices; part II of chapter

664, relating to fences; and part III of chapter 664,

relating to rights of private way and water rights.

HRCP--70 (Release: 12/21)

HAWAI‘I RULES OF CIVIL PROCEDURE Rule 82

(c) Jury trial in probate proceedings. These

rules shall apply to any jury trial in probate

proceedings under chapter 560. The demand for jury

trial shall be made by motion within the time allowed

by the statute.

(d) Jury trial in land court proceedings.

These rules shall apply to any jury trial in a circuit

court upon appeal from a decision of the land court

under chapter 501, subject to the provisions of the

third paragraph of section 501-61 with respect to the

framing of issues and evidence and related matters in

connection with such appeals.

(e) Other appeals to circuit court. These rules

shall apply to any proceedings in a circuit court

pursuant to appeal to the circuit court from a

governmental official or body (other than a court),

except as otherwise provided in Rule 72.

(f) Appeals. Rule 4(a) of the Hawai‘i Rules of

Appe

llate Procedure, shall apply to appeals (1) from

a circuit court in proceedings listed in subdivision (a)

of this Rule 81, other than appeals from a family

court, and (2) from the land court.

(g) De

positions and discovery. Chapter V of

these rules, relating to depositions and discovery,

shall apply to proceedings listed in subdivision (a) of

this Rule 81 and proceedings in the land court, except

that in any such proceeding: (1) the court may by

order direct that said Chapter V shall not be

applicable to the proceeding if the court for good

cause finds that the application thereof would not be

feasible or would work an injustice; and (2) if the

proceeding be ex parte any deposition therein upon

oral examination or upon written interrogatories shall

be pursuant to motion and order of court, rather than

pursuant to notice as set forth in subdivision (a) of

Rule 30 or subdivision (a) of Rule 31, and in any

such case the order of court shall, for all purposes

relating to said Chapter V, take the place of said

notice.

(h) Order of court. In any proceeding in the

land court or listed in subdivision (a) of Rule 81 the

court may by order direct that any one or more of

these rules, not otherwise applicable to said

proceeding pursuant to this Rule 81, shall be

applicable to said proceeding.

(i) Applicability in general. Except as

otherwise provided in Rule 72 or in this Rule 81,

these rules shall apply to all actions and proceedings

of a civil nature in any circuit court and to all appeals

to the appellate courts in all actions and proceedings

of a civil nature in any circuit court; and for that

purpose every action or proceeding of a civil nature

in the circuit court shall be a "civil action" within the

meaning of Rule 2.

(j) References to incompetent person. Under

any rule in which reference is made to an

incompetent person the term "incompetent person"

includes any person, other than an infant, for whom

a guardian may be appointed pursuant to statute.

(Amended May 15, 1972, effective July 1, 1972;

further amended June 29, 1973, effective July 2,

1973; further amended January 24, 1977, effective

February 15, 1977; further amended April 7, 1980,

effective April 7, 1980; further amended April 23,

1985, effective April 23, 1985; further amended July

26, 1990, effective September 1, 1990; further

amended May 30, 2006, effective July 1, 2006;

further amended May 23, 2017, effective July 1,

2017.)

Rule 81.1. MANDAMUS.

The writ of mandamus is abolished in the circuit

courts, except when directed to a court of inferior

jurisdiction. Relief heretofore available by mandamus

may be obtained by appropriate action or by

appropriate motion under the practice prescribed in

these rules. In any action in the nature of mandamus

the court may shorten the time prescribed by these

rules for pleading or doing any other act.

(Added May 15, 1972, effective July 1, 1972.)

Rule 82. JURISDICTION AND VENUE

UNAFFECTED.

These rules shall not be construed to extend or

limit the jurisdiction of the circuit courts or the venue

of actions therein.

(Release: 12/21) HRCP--71

Rule 83 HAWAI‘I RULES OF CIVIL PROCEDURE

Rule 83. RULES BY CIRCUIT COURTS.

Each circuit court may recommend, from time to

time, rules and amendments of rules governing its

practice not inconsistent with these rules. Copies of

rules and amendments, when promulgated by the

supreme court shall be made available to each

attorney licensed to practice law in the State. In all

cases not provided for by rule, the circuit courts may

regulate their practice in any manner not inconsistent

with these rules.

(Amended May 15, 1972, effective July 1, 1972.)

Rule 84. FORMS.

The forms contained in the Appendix of Forms

are sufficient under the rules and are intended to

indicate the simplicity and brevity of statement which

the rules contemplate.

Rule 85. TITLE.

These rules may be known and cited as the

Hawai‘i Rules of Civil Procedure.

Rule 86. RESERVED.

(Deleted April 7, 1980, effective April 7, 1980.)

HRCP--72 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Appendix of Forms

APPENDIX OF FORMS

(See Rule 84)

Introductory Statement

1. The following forms are sufficient under these rules. They are limited in number. No attempt is made

to furnish a manual of forms. Each form assumes the action to be brought in the First Circuit. The caption

should state the circuit in which the action is brought.

2. Except where otherwise indicated each pleading, motion, and other paper should have a caption

similar to that of the summons, with the designation of the particular paper substituted for the word

"Summons." In the caption of the summons and in the caption of the complaint all parties must be named but

in other pleadings and papers, it is sufficient to state the name of the first party on either side, with an

appropriate indication of other parties. See Rules 4(b), 7(b)(2), and 10(a).

3. Each pleading, motion, and other paper is to be signed in the individual name of at least one attorney

of record (Rule 11). The attorney's name is to be followed by the attorney’s address.

4. If a party is not represented by an attorney, the signature and address of the party are required in place

of those of the attorney.

5. Rule 3 of the Rules of the Circuit Courts prescribes additional requirements.

(Release: 12/21) HRCP--73

Form 1 HAWAI#I RULES OF CIVIL PROCEDURE

Form 1. Summons.

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI#I

A.B., Pl

aintiff, ) Civil No.____________

)

v. )

) SUMMONS

C.D., Defendant. )

)

SUMMONS

STATE OF HAWAI#I

To the above-named Defendant:

Y

ou are

hereby

summoned and required to

file

with the

court

and serve

upon ____________________

______________________________, plaintiff's

attorney, whose

address

is

_________________________

____________________________________________, an answer

to

the

complaint

which is herewith served

upon you, within 20 days

after

service

of

this

summons

upon you, exclusive

of

the

day

of

service. If

you fail

to do so, judgment by default will be taken against you for the relief demanded in the complaint.

Dated: Honolulu, Hawai#i, ________________________

Cl

erk of Court

(Seal of the Circuit Court)

(Thi

s summons is issued pursuant to Rule 4 of the Hawai#i Rules of Civil Procedure).

For

pr

ovisional

and final

remedies, including attachment, garnishment,

etc., see

Chapter

VIII of these rules.

HRCP--74 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 1-A

Form 1-A. Publication of Summons.

IN THE CIRCUIT COURT OF THE (________) CIRCUIT

STATE OF HAWAI#I

SUMMONS

TO: (de

fendant’s name)

YOU ARE HEREBY NOTIFIED THAT (plaintiff’s name) , plaintiff, has filed a

(complaint or petition) in Civil No. (case #) , wherein plaintiff prays for (state relief sought)

against you in the above-entitled court.

(If applicable, include description of property)

YOU ARE HEREBY SUMMONED to appear in the courtroom of the HONORABLE (name of

judge) at (address) , (city) , Hawai#i, on (date) , 20XX , at (time) o’clock

(A. or P.) M., or to file an answer or other pleading and serve it before said day upon (name of plaintiff’s

attorney) , plaintiff’s attorney, whose address is (address, city, and state) . If you fail to do so, judgment

by default will be taken against you for the relief demanded in the (complaint or petition) .

DATED: (city) , Hawai#i, (date) .

(s

ignature of the clerk)

Clerk of Court

(Release: 12/21) HRCP--75

Form 2 HAWAI#I RULES OF CIVIL PROCEDURE

Form 2. Reserved.

HRCP--76 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 2-A

Form 2-A. CIVIL INFORMATION SHEET

STATE OF HAWAI#I

CIRCUIT COURT OF THE

CIVIL INFORMATION SHEET

______________ CIRCUIT

I (A). PLAINTIFF(S)

G Additional page(s) attached

I (B). DEFENDANT(S)

G

Additional page(s) attached

II.(A). PLAINTIFF’S(S’) ATTORNEY (NAME/NUMBER) II.(B). DEFENDANT’S (S’) ATTORNEY (NAME/NUMBER)

G

Additional page(s) attached G

Additional page(s) attached

III. NATURE OF SUIT IV. ORIGIN

V.

DEMAND

G Contract G (A).

Original Proceeding

G Motor Vehicle Tort G (B).

Transfer from District

Court

CIV.

NO.

______________

G Assault & Battery G (C).

Transfer

from another Circuit

CIV.

NO.

_____________

_________________

G Construction Defects

G Medical Malpractice

G Legal Malpractice

VI.

JURY

DEMAND

VII

.

CLASS ACTIO

N

VIII

.

REQUEST

TO

EX

EMPT

G Product Liability

F

ROM ARBITRATIO

N

G Other Non-Vehicle Tort

G YES G YES G YES

G Condemnation

G NO G NO G NO

G Foreclosure

G Agreement of Sale Foreclosure

G Agency Appeal

G Declaratory Judgment

IX. RELATED CASE(S)

G Other Civil Action

JUDG

E __________________________________________________________

G Environmental Court

G Asbestos

CIVIL NUMBER __________________________________________________________

G Consumer Debt Collection

__________________________________________________________

G Quiet Title

DAT

E ATTORNEY

NAME/PARTY

NAME SIGNATURE

RESERVED FOR COURT USE

CIVIL NO.

In accordance with

the Americans with Disabilities Act,

and other applicable state and federal laws,

if

you require

reasonable accommodation for a disability,

please contact

the ADA Coordinator at

the Circuit

Court

Administration Office on

OAHU-Phone No.

808-539-4400,

TTY

808-539-4853,

FAX,

539-4402;

MAUI-Phone No.

808-244-2929,

FAX

808-244-2777;

HAWAII-Phone No.

808-961-7424,

TTY

808-961-7422,

FAX

808-961-7411;

KAUAI-Phone No.

808-482-2365,

TTY

808-482-2533,

FAX

808-482-2509,

at

least

ten (10) working days prior to your

hearing or appointment

date.

1C-P-167 (Rev. 08/18/21)

(Release: 12/21) HRCP--77

Form 2-A HAWAI#I RULES OF CIVIL PROCEDURE

INSTRUCTIONS FOR COMPLETING

THE CIVIL INFORMATION SHEET

The civil information sheet and the information it contains neither replace nor supplement the filings, the service

pleadings or other documents as required by law, except as provided by the rules of court.

This form is required for the purpose of initiating the civil docket sheet.

Consequently, a civil information sheet is required for each civil complaint filed.

The attorney/party filing a civil complaint shall complete the form as follows:

I. PLAINTIFF(S)/DEFENDANT(S)

List names: last, first, middle initial.

If the plaintiff or defendant is a government agency, indicate the full name.

If the plaintiff or defendant is an official of a government agency, first indicate the agency name and then the

official's name and title.

If the space provided is insufficient, attach additional page(s) and check the box so indicating.

II. PLAINTIFF'S(S')/DEFENDANT'S(S') ATTORNEY

Indicate the attorney name and license number.

If the space provided is insufficient, attach additional page(s) and check the box so indicating.

III. NATURE OF SUIT

Place a "U" in the appropriate box.

If more than one category applies, select the one category that best describes the action.

Do not select more than one category.

For cases arising under Hawai#i Revised Statutes, section 604A-2, place a "U" in the Environmental Court box.

IV. ORIGIN

(A) Original Proceedings: cases originating in the circuit court.

(B) Transfer from District Court: cases transferred from district court under Haw. Rev. Stat. §§ 604-5 (Supp.

2006), 633-31 (1993).

(C) Transfer from another Circuit: cases transferred from another circuit under Haw. Rev. Stat. §§ 603-37,

-37.5 (1993)

V. DEMAND

Indicate the remedy being demanded (e.g., damages, preliminary injunction, etc.)

VI. JURY DEMAND

Indicate whether a jury is being demanded.

VII. CLASS ACTION

Indicate whether the action is brought as a class action.

VIII. REQUEST TO EXEMPT FROM ARBITRATION

Indicate whether a "Request to Exempt from Arbitration" is filed.

IX. RELATED CASES

List the civil number and the assigned judge for related pending cases.

X. SIGNATURE OF ATTORNEY OR PARTY

Date and sign the civil information sheet.

(Rev. 08/18/21)

HRCP--78 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 2-B

Form 2-B. ADDITIONAL CLAIMS INFORMATION SHEET

ADDITIONAL CLAIMS INFORMATION SHEET

I. Filing Party/Attorney II. Civil No.

III.

Ca

se Nam

e

IV. T

itle of Plea

ding

V. Do

es the above pleading join any additional party

not previously named? _____ Yes _____ No

If

"yes," please list each additional party below:

Nam

e(s) P arty Designation

1.

_________________________________________ _______________________________________

2.

_________________________________________ _______________________________________

3. _________________________________________ _______________________________________

4.

_________________________________________ _______________________________________

5.

_________________________________________ _______________________________________

 Additional page(s) attached

.

VI. Do

es the above pleading exclude any party

previously named? _____ Yes _____ No

If "yes," please list each party who has been

excluded:

Name(s) P arty Designation

1.

_________________________________________ _______________________________________

2. _________________________________________ _______________________________________

3.

_________________________________________ _______________________________________

4.

_________________________________________ _______________________________________

5.

_________________________________________ _______________________________________

 Additional page(s) attached

.

VII. Sig

nature of Filing Party/Attorney Date

1C-P-009

(Release: 12/21)

HRCP--79

Form 2-B HAWAI#I RULES OF CIVIL PROCEDURE

INSTRUCTIONS FOR COMPLETING

THE ADDITIONAL CLAIMS INFORMATION SHEET

The additional claims information sheet and the information it contains neither replace nor supplement the filings, the

service pleadings, or other documents as required by law, except as provided by the rules of court.

This form is required for the purpose of ascertaining the status of parties to the lawsuit.

Consequently, an additional claims information sheet is required for each affirmative pleading filed subsequent to the

initial complaint.

The attorney/party filing such affirmative pleading shall complete the form as follows:

I. Filing Party/Attorney

Indicate name, attorney license number, attorney firm name (if applicable), address and telephone number.

II. Civil No.

Indicate the civil number assigned to the case.

III. Case Name

Indicate a brief case title (full caption not necessary). Use of "et al." designation is acceptable.

IV. Title of Pleading

Indicate the exact title of the pleading being filed.

V. Joined Parties and Party Designation

If the space provided is insufficient, attach additional page(s) and check the box so indicating.

Examples of "party designation" are as follows: Additional plaintiff; additional defendant; additional crossclaim-

defendant; additional counterclaimant; additional counterclaim-defendant; plaintiff intervenor; defendant intervenor;

third-party defendant, etc.

VI. Excluded Parties and Party Designation

Same as Section V above.

VII. Signature of Filing Party/Attorney

Date and sign the Additional Claims Information Sheet.

HRCP--80 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 4

Form 3. Complaint on a Promissory Note.

1. Allegation of residence of parties.

2. Defendant on or about June 1, 1951, executed and delivered to plaintiff a promissory note

(in the following words and figures: [here set out the note verbatim]); [a copy of which is hereby annexed

as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1952, the sum of ten

thousand dollars with interest thereon at the rate of six percent per annum].

3. Defendant owes to plaintiff the amount of said note and interest.

Wherefore plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest,

and costs.

Dated: Honolulu, Hawai#i, ________________________

Si

gned:___________________________________

Attorney for Plaintiff

Address: __________________________________

Notes

1. The

pleader may use the material in one of the three sets of

brackets. His choice will depend upon whether he desires to plead

the document verbatim, or by exhibit, or according to its legal

effect.

2. Under the rules free joinder of claims is permitted. See Rules 8(e)

and 18. Consequently the claims set forth in each and all of the

following forms may be joined with this complaint or with each

other. Ordinarily each claim should be stated in a separate

division of the complaint, and the divisions should be designated

as counts successively numbered. In particular the rules permit

alternative and inconsistent pleading. See Form 10.

Form 4. Complaint on an Account.

1. Allegation of residence of parties.

2. Defendant owes plaintiff ten thousand dollars according to the account hereto annexed as

Exhibit A.

Wherefore (etc. as in Form 3).

(Release: 12/21) HRCP--81

Form 5 HAWAI#I RULES OF CIVIL PROCEDURE

Form 5. Complaint for Goods Sold and Delivered.

1. Allegation of residence of parties.

2. Defendant owes plaintiff ten thousand dollars for goods sold and delivered by plaintiff to

defendant between June 1, 1952 and December 1, 1952.

Wherefore (etc. as in Form 3).

Note

This form may be used where the action is for an agreed price or

for the reasonable value of the goods.

Form 6. Complaint for Money Lent.

1. Allegation of residence of parties.

2. Defendant owes plaintiff ten thousand dollars for money lent by plaintiff to defendant on

June 1, 1952.

Wherefore (etc. as in Form 3).

Form 7. Complaint for Money Paid by Mistake.

1. Allegation of residence of parties.

2. Defendant owes plaintiff ten thousand dollars for money paid by plaintiff to defendant by

mistake on June 1, 1952, under the following circumstances: (here state the circumstances with particularity

- See Rule 9(b)).

Wherefore (etc. as in Form 3).

Form 8. Complaint for Money Had and Received.

1. Allegation of residence of parties.

2. Defendant owes plaintiff ten thousand dollars for money had and received from one G. H.

on June 1, 1952, to be paid by defendant to plaintiff.

Wherefore (etc. as in Form 3).

HRCP--82 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 9

Form 9. Complaint for Negligence.

1. Al

legation of residence of parties

.

2.

On June

1, 1952, in a public highway called King Street in Honolulu, Hawai#i, defenda

nt

negligently drove a motor vehicle against plaintiff who was then crossing said highway.

3. As

a result plaintiff was thrown down and had his leg broken and was otherwise injure

d,

w

as prevented from transacting his business, suffered great pain of body and mind, and incurred expenses

for medical attention and hospitalization in the sum of one thousand dollars.

Wherefore plaintiff demands judgment against defendant in the sum of _______________ dollars

and costs.

Note

Sinc

e contributory negligence is an affirmative defense, the complaint need

contain no allegation of due care of plaintiff.

(Release: 12/21) HRCP--83

Form 10 HAWAI#I RULES OF CIVIL PROCEDURE

Form 10. Complaint for Negligence Where Plaintiff Is Unable to Determine 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 Wilfulness or of Recklessness or of Negligence.

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI#I

A. B., Plai

ntiff

, )

Civil No. ____________

)

v. )

) COMPLAINT

C. D. and E. F., Defendants. )

)

1. Al

leg

ation of residence of parties

.

2.

On June

1, 1952, in a public highway called King Street, Honolulu, Hawai#i, defendant

C.

D. o

r defendant E. F., or both defendants C. D. and E. F. willfully or recklessly or negligently drove o

r

caused to be driven a motor vehicle against plaintiff who was then crossing said highway.

3.

As

a result plaintiff was thrown down and had his leg broken and was otherwise injure

d,

w

as prevented from transacting his business, suffered great pain of body and mind, and incurred expenses

for medical attention and hospitalization in the sum of one thousand dollars.

Wherefore plaintiff demands judgment against C. D. or against E. F. or against both in the sum of

______________________________ dollars and costs.

Form 11. Complaint for Conversion.

1. Al

legation of residence of parties

.

2.

On o

r about December 1, 1952, defendant converted to his own use ten bonds of t

he

___________ Company (here insert brief identification as by number and issue) of the value of ten

thousand dollars, the property of plaintiff.

Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars, interest,

and costs.

HRCP--84 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 12

Form 12. Complaint for Specific Performance of Contract to Convey Land.

1. Al

legation of residence of parties

.

2.

On o

r about December 1, 1952, plaintiff and defendant entered into an agreement i

n

writing, a copy of which is hereto annexed as Exhibit A.

3. I

n accord with the provisions of said agreement plaintiff tendered to defendant the purchas

e

pr

ice and requested a conveyance of the land, but defendant refused to accept the tender and refused to

make the conveyance.

4. Pl

aintiff now offers to pay the purchase price

.

Whe

refore plaintiff demands (1) that defendant be required specifically to perform said agreement,

(2)

damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintif

f

ha

ve judgment against defendant in the sum of ________________ dollars

.

Not

e

Here, as in Form 3, plaintiff may set forth the contract verbatim in

the complaint or plead it, as indicated, by exhibit, or plead it according to

its legal effect. Furthermore, plaintiff may seek legal or equitable relief or

both even though this was impossible under the system in operation before

these rules.

(Release: 12/21) HRCP--85

Form 13 HAWAI#I RULES OF CIVIL PROCEDURE

Form 13. Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance

Under Rule 18(b).

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI#I

A.B., Plai

ntiff

, )

Civil No. _____________

)

v. )

) COMPLAINT

C. D. and E.F., Defendants. )

)

1. Alleg

ation of residence of parties

.

2.

Defendant C. D. on or about ____________________ executed and delivered to plaintiff a

pr

omissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is

hereto annexed as Exhibit A); (whereby defendant C. D. promised to pay to plaintiff or order on

______________ the sum of five thousand dollars with interest thereon at the rate of __________ percent

per annum).

3. De

fendant C. D. owes to plaintiff the amount of said note and interest

.

4.

De

fendant C. D. on or about ________________ conveyed all his property, real a

nd

pe

rsonal (or specify and describe) to defendant E. F. for the purpose of defrauding plaintiff and hindering

and delaying the collection of the indebtedness evidenced by the note above referred to.

Wherefore plaintiff demands:

(

1) Tha

t plaintiff have judgment against defendant C. D. for

_______________________

dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment

herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs.

Form 14. Reserved.

Form 15. Reserved.

Form 16. Reserved.

Form 17. Reserved.

HRCP--86 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 18

Form 18. Complaint for Interpleader and Declaratory Relief.

1. Allegation of residence of parties.

2. On or about June 1, 1950, plaintiff issued to G. H. a policy of life insurance whereby

plaintiff promised to pay to K. L. as beneficiary the sum of ten thousand dollars upon the death of G. H.

The policy required the payment by G. H. of a stipulated premium on June 1, 1951, and annually thereafter

as a condition precedent to its continuance in force.

3. No part of the premium due June 1, 1951, was ever paid and the policy ceased to have any

force or effect on July 1, 1951.

4. Thereafter, on September 1, 1951, G. H. and K. L. died as the result of an accident, in

which G. H. and K. L. were involved.

5. Defendant C. D. is the duly appointed and acting executor of the will of G. H.; defendant E.

F. is the duly appointed and acting executor of the will of K. L.; defendant X. Y. claims to have been duly

designated as beneficiary of said policy in place of K. L.

6. Each of defendants, C. D., E. F., and X. Y. is claiming that the above-mentioned policy was

in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person

entitled to receive payment of the amount of the policy and has made demand for payment thereof.

7. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to

which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G. H.

Wherefore plaintiff demands that the court adjudge:

(1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or

any part thereof.

(2) That each of the defendants be restrained from instituting any action against plaintiff for the

recovery of the amount of said policy or any part thereof.

(3) That, if the court shall determine that said policy was in force at the death of G. H., the

defendants be required to interplead and settle between themselves their rights to the money due under said

policy, and that plaintiff be discharged from all liability in the premises except to the person whom the

court shall adjudge entitled to the amount of said policy.

(4) That plaintiff recover its costs.

(Release: 12/21) HRCP--87

Form 19 HAWAI#I RULES OF CIVIL PROCEDURE

Form 19. Motion to Dismiss, Presenting Defenses of Failure to State a Claim or

Lack of Service of Process.

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim against defendant upon

w

hich relief can be granted.

2. To

dismiss the action or in lieu thereof to quash the return of service of summons on t

he

g

rounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not

subject to service of process within the State of Hawai#i, and (b) that the defendant has not been properly

served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y.

hereto annexed as Exhibit A and Exhibit B respectively.

Signed:__________________________________

Attorne

y for Defendant

Address: _________________________________

Notice

of Motion

To: _________________________

Attorney for Plaintiff

_________________________

Please take notice that the undersigned will bring the above motion on for hearing before the

presi

ding judge of this court in the Judiciary Building, Honolulu, Hawai#i, on the ____ day of

__________________________, 19___, at

__________________________ o'clock ____ M. or as soon

thereafter as counsel can be heard.

Signed:___________________________________

Att

orney for Defendant

Address:__________________________________

Note

The above motion and notice of motion may be combined and

denominated Notice of Motion. See Rule 7(b).

HRCP--88 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 20

Form 20. Answer Presenting Defenses Under Rule 12(b).

FIRST DEFENSE

The complaint fails to state a claim against defendant upon which relief can be granted.

SECOND DEFENSE

Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is

without knowledge or information sufficient to form a belief as to the truth of the allegations contained in

paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.

THIRD DEFENSE

The complaint is time-barred by the applicable statute of limitations and/or statute of repose.

COUNTERCLAIM

(Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)

CROSS-CLAIM AGAINST DEFENDANT M. N.

(Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a

claim is pleaded in a complaint.)

(Release: 12/21) HRCP--89

Form 21 HAWAI#I RULES OF CIVIL PROCEDURE

Form 21. Answer to Complaint Set Forth in Form 8, With Counterclaim for

Interpleader.

DEFENSE

Defendant admits the allegations stated in paragraph 1 of the complaint; and denies the allegations

stated in paragraph 2 to the extent set forth in the counterclaim herein.

COUNTERCLAIM FOR INTERPLEADER

1. Defendant received the sum of ten thousand dollars as a deposit from E. F.

2.

Pl

aintiff has demanded the payment of such deposit to him by virtue of an assignment of i

t

w

hich he claims to have received from E. F.

3. E. F. has notified the defendant that he claims such deposit, that the purported assignment

i

s not valid, and that he holds the defendant responsible for the deposit.

Wherefore defendant demands:

(1) That the court order E. F. to be made a party defendant to respond to the complaint and to

t

his counterclaim.

1

Rule 13(h) provides for the court ordering parties to a

counterclaim, but who are not parties to the original action, to be

brought in as defendants.

(

2) Tha

t the court order the plaintiff and E. F. to interplead their respective claims

.

(3) Tha

t the court adjudge whether the plaintiff or E. F. is entitled to the sum of money

.

(4) Tha

t the court discharge defendant from all liability in the premises except to the person i

t

s

hall adjudge entitled to the sum of money.

(

5) Tha

t the court award to the defendant its costs and attorney's fees

.

For

m 22. Replaced.

Replaced by Forms 22-A and 22-B, May 15, 1972, effective July 1, 1972.

HRCP--90 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 22-A

Form 22-A. Summons and Complaint Against Third-Party Defendant.

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI#I

A.B., Plaintiff, )

Civil No. ______________

)

v. )

) SUMMONS

C.D., Defendant and Third-Party Plaintiff, )

)

v. )

)

E.F., Third-Party Defendant. )

)

SUMMONS

STATE OF HAWAI#I

To the

above-named Third-Party Defendant:

You are hereby summoned and required to file with the court and serve upon ___________________

__________________________, plaintiff's attorney whose address is _____________________________

_____________________________________________, a nd upon ______________________________,

who is attorney for C. D., defendant and third-party plaintiff, and whose address is __________________,

an answer to the third-party complaint which is herewith served upon you within 20 days after the service

of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be

taken against you for the relief demanded in the third-party complaint. There is also served upon you

herewith a copy of the complaint of the plaintiff which you may but are not required to answer.

Dated: Honolulu, Hawai#i, _____________________

(Seal of Circuit Court) Clerk of Court

(Release: 12/21) HRCP--91

Form 22-A HAWAI#I RULES OF CIVIL PROCEDURE

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI#I

A.B., Plaintiff, )

Civil No. ______________

)

v. )

) THIRD PARTY COMPLAINT

C.D., Defendant and Third-Party Plaintiff, )

)

v. )

)

E.F., Third-Party Defendant. )

)

THIRD-PARTY COMPL

AINT

1. Plaintiff A. B. has filed against Defendant C. D. a complaint, a copy of which is hereto attached as

Exhibit A.

2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B.

may recover from C. D., or upon which A. B. is entitled to recover from E. F. and not from C. D. The

statement should be framed as in an original complaint.)

Wherefore C. D. demands judgment against third-party defendant E.F. for all sums

1

that may be

adjudged against defendant C.D. in favor of plaintiff A. B.

1

Make appropriate change where C.D. is entitled to only partial recovery-over

against E. F.

Dated: Honolulu, Hawai#i, _____________________

Si

gned:____________________________________

Attorney for C. D., Third-Party Plaintiff

Address:___________________________________

HRCP--92 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 22-B

Form 22-B. Motion to Bring in Third-Party Defendant.

Defendant moves for leave, as third-party plaintiff, to cause to be served upon E. F. a summons and

third-party complaint, copies of which are hereto attached as Exhibit X.

Signed:_____________________________________

Attorney for Defendant C. D.

Address:____________________________________

Notice of Motion

(Contents the same as in Form 19. The notice should be addressed to all parties to the action.)

Exhibit X

(Contents the same as in Form 22-A.)

(Release: 12/21) HRCP--93

Form 23 HAWAI#I RULES OF CIVIL PROCEDURE

Form 23. Motion to Intervene as a Defendant Under Rule 24.

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI#I

A.B., Pl

aintiff, ) Civil No. ____________________

)

v. )

) MOTION TO INTERVENE AS DEFENDANT

C.D., Defendant. )

)

E.F., Applicant for Intervention )

)

MOTION TO INTERVENE AS A DEFENDANT

E.

F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth

in his proposed answer, a copy of which is hereto attached and marked Exhibit A, on the ground that he has

a prior lien on the property referred to in the complaint and as such has a defense to plaintiff's claim

presenting both questions of law and of fact which are common to the main action.

Dated: Honolulu, Hawai#i, _________________________

Si

gned:__________________________________________

Attorney for E. F., Applicant for Intervention

Address:_________________________________________

(Contents the same as in Form 19.)

For other grounds of intervention, either of right or in the discretion of the court,

see Rules 24(a) and (b). Under Rule 24(c), the motion to intervene must be

served upon all parties as provided in Rule 5.

HRCP--94 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 23

Exhibit A

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI#I

A.B., Plaintiff, ) Ci

vil No. ____________________

)

v. )

) INTERVENER’S ANSWER

C.D., Defendant. )

)

E.F., Intervener )

)

INTERVENER'S ANSWER

FIRST DEFENSE

Intervener admits the allegation stated in paragraphs 1 and 4 of the complaint; denies the allegation in

paragraphs 2 and 3.

SECOND DEFENSE

That intervener has a valid and existing first lien upon the property described in the complaint and that

no disposition of such property should be made without first providing for the satisfaction of the

intervener's lien.

Dated: Honolulu, Hawai#i, ___________________________

Sig

ned:_______________________________

Attorney for E. F., Intervener

Address:______________________________

(Release: 12/21) HRCP--95

Form 24 HAWAI#I RULES OF CIVIL PROCEDURE

Form 24. Request for Production of Documents, etc., Under Rule 34.

Plaintiff A. B. requests defendant C. D. to respond within __________ days to the following requests:

(1) That defendant produce and permit plaintiff to inspect and to copy each of the following

documents:

(Here list the documents either individually or by category and describe each of them.)

(Here state the time, place, and manner of making the inspection and performance of any related acts.)

(2) That defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the

following objects:

(Here list the objects either individually or by category and describe each of them.)

(Here state the time, place, and manner of making the inspection and performance of any related acts.)

(3) That defendant permit plaintiff to enter (here describe property to be entered) and to inspect and to

photograph, test or sample (here describe the portion of the real property and the objects to be inspected).

(Here state the time, place, and manner of making the inspection and performance of any related acts.)

Si

gned:__________________________________

Attorney for Plaintiff

Address:_________________________________

HRCP--96 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 28

Form 25. Request for Admissions Under Rule 36.

Plaintiff A. B. requests defendant C. D. within ________________ days after service of this request to

make the following admissions for the purpose of this action only and subject to all pertinent objections to

admissibility which may be interposed at the trial:

1.

Tha

t each of the following documents, exhibited with this request is genuine. (Here list t

he

do

cuments and describe each document.)

2.

That each of the following statements is true. (Here list the statements

.)

Si

gned:________________________________

Att

orney for Plaintiff

Address:_______________________________

Form 26.

Allegation of Reason for Omitting Party.

When it is necessary, under Rule 19(c), for the pleader to set forth in his pleading the names of persons

who

ought to be made parties, but who are not so made, there should be an allegation such as the one set out

below:

John Doe named in this complaint is not made a party to this action (because he is not subject to the

jurisdiction of this court).

Form 27.

Deleted.

Form 28. Reserved.

(Release: 12/21) HRCP--97

Form 29 HAWAI#I RULES OF CIVIL PROCEDURE

Form 29. Notice of Appeal From Decision or Order of Governmental Official or Body

to the Circuit Court Under Rule 72(a).

(Your name)

(Your address)

(Your telephone number)

IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT

STATE OF HAWAI#I

(Yo

ur name), ) Civil No. ___________________________

)

Appellant, ) Agency Docket/Case No. _______________

)

v. )

) NOTICE OF APPEAL TO THE CIRCUIT

(Name of governmental official or agency ) COURT; STATEMENT OF THE CASE;

whose order or decision is being appealed); ) EXHIBIT A; DESIGNATION OF RECORD ON

(Name(s) of any other party to the proceeding ) APPEAL; ORDER FOR CERTIFICATION AND

before the official or agency), ) TRANSMISSION OF RECORD; CERTIFICATE

) OF SERVICE

Appellee(s). )

)

NOTICE OF APPEAL TO THE CIRCUI

T COURT

Notice is hereby given that (Your Name), Appellant above-named, pursuant to section (list statutes

that give the right to appeal the order or decision), Hawai#i Revised Statutes, and Rule 72 of the Hawai#i

Rules of Civil Procedure, hereby appeals to the Circuit Court of the (insert the judicial circuit no.) Circuit

from the (order or decision) of (Name of governmental official or agency whose order or decision is being

appealed) entered on (Date of order or decision). A copy of the (order or decision) is attached as Exhibit A.

DATED: (Name of the City you are in), (State), (Date document is signed).

________(Your signature)__________________

(Print or Type your name here)

HRCP--98 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 29-A

Form 29-A. Statement of the Case to Accompany the Notice of Appeal to the Circuit Court.

IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT

STATE OF HAWAI#I

(Your name), ) Civ

il No. ___________________________

)

Appellant, ) Agency Docket/Case No. _______________

)

vs. )

) STATEMENT OF THE CASE

(Name of governmental official or agency )

whose order or decision is being appealed); )

(Name(s) of any other party to the proceeding )

before the official or agency), )

)

Appellee(s). )

)

STATEMENT OF THE CASE

(State the facts)

(St

ate the reasons you are filing the appeal)

(State the result you would like to achieve)

DATED: (Name of the City you are in), (State), (Date document is signed).

________(Your signature)__________________

(Print or Type your name here)

(Release: 12/21) HRCP--99

Form 29-B HAWAI# I RULES OF CIVIL PROCEDURE

Form 29-B. Designation of Record on Appeal to Accompany the Notice of Appeal to the Circuit

Court.

IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT

STATE OF HAWAI#I

(Your name), )

Civil No. ___________________________

)

Appellant, ) Agency Docket/Case No. _______________

)

vs. )

) DESIGNATION OF RECORD ON APPEAL

(Name of governmental official or agency )

whose order or decision is being appealed); )

(Name(s) of any other party to the proceeding )

before the official or agency), )

)

Appellee(s). )

)

DESIGNATIO

N OF RECORD ON APPEAL

Pursuant to Rule 72(d) of the Hawai#i Rules of Civil Procedure, Appellant hereby designates as the

Re

cord on Appeal the entire file of the (insert the name of agency that made the decision being appealed) in

the above-captioned matter, as defined in section 91-9(e), Hawai#i Revised Statutes, including all pleadings,

transcripts, and exhibits.

DATED: (Name of the City you are in), (State), (Date document is signed).

________(

Your signature)__________________

(Print or Type your name here)

HRCP--100 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 29-C

Form 29-C. Order for Certification and Transmission of Record to Accompany the Notice of

Appeal to the Circuit Court.

IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT

STATE OF HAWAI#I

(Your name), )

Civil No. ___________________________

)

Appellant, ) Agency Docket/Case No. _______________

)

vs. )

) ORDER FOR CERTIFICATION AND

(Name of governmental official or agency ) TRANSMISSION OF RECORD

whose order or decision is being appealed); )

(Name(s) of any other party to the proceeding )

before the official or agency), )

)

Appellee(s). )

)

ORDER FOR CERTIFI

CATION AND TRANSMISSION OF RECORD

TO: (Insert name of agency that made the decision being appealed)

(Addre

ss of agency)

In accordance with section 91-14(d), Hawai#i Revised Statutes, and Rule 72(d) of the Hawai#i Rul

es

of Civil Procedure, you are hereby ordered to certify and transmit to this Court, within twenty (20) calendar

days of the date of this Order, or within such further time as may be allowed by this Court, the entire record

as defined by section 91-9(e), Hawai#i Revised Statutes, and as set forth in the Designation of Record on

Appeal. Any request to enlarge time shall be submitted to the Court prior to the expiration of the above 20-

day period.

DATED: (

Name of the City the Court is in), (Name of State), ______________.

_______________________________________

CLERK OF THE ABOVE-ENTITLED COURT

(Release: 12/21) HRCP--101

Form 29-D HAWAI#I RULES OF CIVIL PROCEDURE

Form 29-D. Certificate of Service to Accompany the Notice of Appeal to the Circuit Court. (Mail a

copy of all the documents submitted to the Court to each of the Appellees listed)

IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT

STATE OF HAWAI#I

(Your name), )

Civil No. ___________________________

)

Appellant, ) Agency Docket/Case No. _______________

)

vs. )

) CERTIFICATE OF SERVICE

(Name of governmental official or agency whose )

order or decision is being appealed); (Name(s) of )

any other party to the proceeding before the )

official or agency), )

)

Appellee(s). )

)

CERTIFICATE OF SERVI

CE

I hereby certify that on this date, a copy of the document within was served by depositing a copy of

the

same in the U.S. mail, postage prepaid to the following:

(Insert name of agency that made the decision being appealed)

(Address of agency)

(Insert name(s) and address(es) of each Appellee, or if the Appellee has an attorney, the

name and address of the Appellee's attorney)

DATED: (Name of City you are in), (Name of State you are in), (Date of mailing).

________(Your signature)__________________

(Print or Type your name here)

HRCP--102 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 30

Form 30. Suggestion of Death Upon the Record Under Rule 25(a)(1).

A. B. (describe as a party, or as executor, administrator, or other representative or successor of C.

D., the deceased party) suggests upon the record, pursuant to Rule 25(a)(1), the death of C. D. (describe as

party) during the pendency of this action.

(Release: 12/21) HRCP--103

Form 31 HAWAI#I RULES OF CIVIL PROCEDURE

Form 31. Garnishee Summons and Order.

STATE OF HAWAI#I

GARNISHEE SUMMONS AND

CASE NUMBER

CIRCUIT COURT OF THE

ORDER

FIRST CIRCUIT

(For use in the First Circuit Only)

PLAINTIFF DEFENDANT

GARNISHEE (Name and Address) PLAINTIFF’S ATTORNEY (Name and Address)

______________________________________

JUDGMENT AMOUNT DUE

______________________________________

DATE OF JUDGMENT ORDER

TO: ANY OFFICER IN HAWAI#I AUTHORIZED TO MAKE SERVICE

You are COMMANDED to leave a true and attested copy of this Summons and Order with each garnishee named above.

TO: GARNISHEE: You, as garnishee, are required EITHER to appear in court OR to file a disclosure with the court.

Appearance: You must appear personally before the Judge presiding in the case designated above, at the location indicated

immediately below:

G

7

77 Punchbowl Street o

r G 1

111 Alakea

Street,

Ho

nolulu, Hawai#i, 96813, at 9:00 a.m. You must appear at the court designated above on the first TUESDAY that occurs

more th

an 20 days after the day you were served, provided the Tuesday is not a holiday. If it is a holiday, you must appear

the next Tuesday that is not a holiday.

Written Disclosure: You must file your written disclosure in the First Circuit, State of Hawai#i, and serve a copy of it on

the plaintiff or the plaintiff’s attorney, within 20 days counting from the day after you were served. Your disclosure must

be made under Oath. It must state whether, at the time of service:

(a) You had any goods or effects of the Defendant in your possession, and if so, their nature, amount, and value; OR

(b) Yo

u were indebted to the Defendant, and if so, the nature and amount of the deb

t; OR

(c) Yo

u had any monies of the Defendant in your possession for safekeeping and, if so, the amount thereof

.

*

* * * * * * * * * * * *

Regardless of whether you choose to appear or file a disclosure, you, as garnishee, are HEREBY ORDERED to hold

and secure from the time of service of this summons, and until further ordered by the court, an amount of money equal to

120% of the amount of the judgment indicated above, including costs and interest. See H.R.S. Chapters 652 & 653 as

amended.

*SEE REVERSE, REGARDING FEDERAL WAGE GARNISHMENT LAW, FOR APPLICABLE RESTRICT

IONS.

Yo

u may also wish to obtain “Garnishee Information” (Form 1DC27) on the Judiciary’s website or from a cou

rt clerk.

DATE ISSUED CLERK

HRCP--104 (Release: 12/21)

In accordance with the Americans with Disabilities Act and other applicable State and Federal laws, if you require

a reasonable accommodation for a disability, please contact a disabilities accommodations coordinator at the relevant

court or email adarequest@courts.hawaii.gov at least ten (10) working days prior to your hearing or appointment

date.

04/2013 Page 1

HAWAI#I RULES OF CIVIL PROCEDURE Form 31

H.R.S. Section 652-1, which governs the garnishee process, states the garnishee shall withhold, immediately upon the service

of process, a portion of the salary, stipend, commissions, wages, annuity or net income under a trust (included under the term

“wages” as provided by law) remaining after the deduction of any other amounts required by law to be withheld, as follows:

five percent of the first $100 per month, ten percent of the next $100 per month, and twenty percent of all sums in excess of

$200 per month, or the equivalent portion of the above amount per week, whether then or thereafter to become owing.

H.R.S. Section 652-9 states the garnishee may be provided a hearing before a judge, if the plaintiff is given proper notice.

Therefore, if a garnishee desires such a hearing, the garnishee may apply to the district judge or any judge of the court from

which the summons issued, and the judge, having caused the plaintiff to be given reasonable notice, shall proceed to take the

deposition of the garnishee, and shall then make any and all appropriate orders, at any time before the appointed time for the

hearing on the garnishee summons and order. The completion of such a deposition by the garnishee shall fulfill the

summons. If it appears there are conflicting claims to (1) any funds held for safekeeping, or (2) any debt or goods or effects in

the garnishee's hands, then any time after the summons is served the garnishee may be permitted, upon order of the judge, to

pay into the court any such funds held for safekeeping, debts, goods, or effects. The garnishee may deduct reasonable costs

and attorney's fees allowed by the judge before depositing the funds or effects. The garnishee will thereupon be discharged.

Regardless of whether the garnishee makes such payment into the court, any garnishee may, if there are conflicting claims to

any such funds or effects, make application to the court for an interpleader order, and the judge shall thereupon make any and

all just and reasonable orders.

NOTE: (1) “Wages” includes salary, stipend, commissions, wages, annuity or net income or portion of net income under a

trust.

(2

) No

pension to which any person is entitled from the State of Hawai#i or any municipal subdivision thereof, sh

all

be subject to taxes nor to garnishment, attachment, or execution upon or in any suit, action, or proceeding at law instituted by

any person or by the State of Hawai#i or by any municipal subdivision thereof. (H.R.S., Section 653-3).

IMPORTANT NOTICE REGARDING FEDERAL WAGE GARNISHMENT LAW.

The garnishment restrictions of Title III of the Consumer Credit Protection Act (15 U.S.C. 1673) provide that no court of the

United States or of any State may make, execute, or enforce any order or process which provides for the garnishment of the

aggregate disposable earnings of any individual for any pay period in an amount which is in excess of the following:

EFFECTIVE JULY 2

009

Weekly Bi-Weekly Semi-Monthly Monthly

$217.50 or less: $435.00 or less: $471.25 or less: $942.50 or less:

None None None None

More than $217.50 but less than More than $435.00 but less More than $471.25 but less More than $ 942.50 but

$290.00: than $580.00: than $628.33: less than $1,256.66:

Amount above $217.50 Amount above $435.00 Amount above $471.25 Amount above $942.50

$290.00 or more: $580.00 or more: $628.33 or more: $1,256.66 or more:

Maximum 25% Maximum 25% Maximum 25% Maximum 25%

NOTE: These restrictions do not apply in the case of (1) Court orders for the support of any person; (2) Court orders under

Chapter XIII of the Bankruptcy Act; and (3) Any debt due for any State or Federal tax. The amount of disposable earnings

exempt from garnishment must be paid to the employee or garnishee on the regular pay day for the pay period in which the

wages were earned.

“Disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of

any amounts required by law to be withheld.

The above language is for informational purposes only.

Please refer to the applicable Federal and Hawai#i law for any changes or updates.

04/2013 Page 2

(Release: 12/21) HRCP--105

---

------------

_______________________________________________________________________

---------------

Form 32 HAWAI#I RULES OF CIVIL PROCEDURE

Form 32. Agreement and Consent to Limited Representation.

Agreement and Consent to Limited Representation

In o

rder to help you with your legal needs, you, ____________________________, the client (“Client”), and

_________________________________, the attorney (“Attorney”), agree that Attorney will provide limited

representation to help you with a specific legal matter for a short time or for a particular purpose.

Attorney must act in your best interest and give you competent help. It is important that you be aware, however,

that even after Attorney and you agree that Attorney will provide limited help:

· Attorney DOES NOT HAVE TO GIVE MORE HELP in this limited representation than Attorney a

nd

y

ou have agreed upon; a

nd

· At

torney DOES NOT HAVE TO HELP WITH ANY OTHER PART of your legal matter

.

I

n performing the limited legal services, Attorney:

· Is not promising any particular outcome; and

· I

s relying entirely on your disclosure of facts and will not make any independent investigation unles

s

uch an investigation is expressly agreed to in writing in this document

.

I

, the Attorney, agree to help you by performing the limited services listed below and no other service, unless we

revise this agreement in writing.

(Initial each applicable section)

____ Preparation of Pleadings and Documents: Draft pleadings, motions and other documents. (If I am not

appe

aring in court on your behalf, the pleadings, motions and other documents will conspicuously

display the following statement: “This document was prepared with the assistance of an attorney.”)

(Optional) List of documents: ______________________________________________

____ Court Appearance: I will appear in court for the limited purpose of: ________________

____ Discovery: Perform discovery by interrogatories, depositions, production of documents and/or request

fo

r admissions.

Settlement: I will appear on your behalf to negotiate a settlement (i.e. mediation, settlement conference,

etc.)

Other: _________________________________________________________________

____

Page

1 of 3

HRCP--106 (Release: 12/21)

___________________________________________________________________________________________

HAWAI#I RULES OF CIVIL PROCEDURE Form 32

Attorney will charge to Client the following costs: __________________________________________________

Attorney will charge to Client the following fee for the limited legal representation: ________________________

CLIENT’S CONSENT

I have read this Agreement and Consent to Limited Representation and I understand it. I agree that the legal

services listed above are the ONLY legal services to be provided by Attorney. I understand and agree that

Attorney who is helping me with these services is not my attorney for any other purpose and does not have to give

me more legal help. I agree to provide my cooperation to Attorney, including providing Attorney with sufficient

information to responsibly provide the limited assistance I am seeking, and agree that failure to provide such

cooperation may serve as a basis for Attorney to withdraw from this limited representation. I also understand

Attorney will stop helping me when the services listed above have been completed. I have been informed of, and

Attorney has explained to me, the material risks of and reasonably available alternatives to this proposed limited

representation.

I understand that when the legal services listed above have been completed, Attorney may file a "Notice of

Withdrawal of Limited Appearance" and must give me notice. I further understand that if I object to Attorney's

withdrawal, I will have 14 days from the filing of this notice to file an "Objection to Notice of Withdrawal of

Limited Appearance" in compliance with Rule 11.1(b) of the Hawai#i Rules of Civil Procedure. Attorney may

also file a motion to withdraw as counsel, in which case Attorney must provide me with notice to give me the

opportunity to respond.

I understand that this Agreement and Consent to Limited Representation may be filed with the court “in camera,”

which means that it can only be viewed by the court.

In exchange for Attorney’s limited representation, I agree to pay Attorney’s fees and costs described above.

Signature of Client: _________________________________________________________

Pr

inted name of Client: _______________________________________________________

The address I give below is my permanent address where I can be reached:

Client address: _____________________________________________________________

Phone number: ____________________________ FAX: ____________________________

Message phone: ___________________________

Name of individual with whom messages may be left: _______________________________

Email address: ______________________________________________________________

Pag

e 2 of 3

(Release: 12/21) HRCP--107

Form 32 HAWAI#I RULES OF CIVIL PROCEDURE

Attorney has reviewed this Agreement and agrees to the terms.

___________________________________________ Date: _________________________

[Attorney’s signature]

___________________________________________

[Attorney’s printed name]

Page 3 of 3

HRCP--108 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 32-A

Form 32-A. Notice of Limited Appearance.

(FILING PARTY)

Name

& Attorney Number

Mailing Address

Phone Number

Email Address

Representing ______________________________

[ ] Plaintiff/Petitioner [ ] Defendant/Respondent

IN THE CIRCUIT COURT OF THE _____________ CIRCUIT

STATE OF HAWAI#I

) CIVIL

NO.

_______________________________,

)

Plaintiff/Petitioner, ) NOTICE OF LIMITED APPEARANCE

)

vs. )

)

_______________________________, )

)

Defendant/Respondent. )

_______________________________________) JUDGE: ___________________________

NOTICE OF LIMITED APPEARANCE

Attorney ____________________________ (“Attorney”) enters a Notice of Limited Appearance for

_______________________________________ [ ]

Plaintiff/Petitioner [ ] Defendant/Respondent,

pursuant to Rule 11.1 of the Hawai#i Rules of Civil Procedure (“HRCP”).

1.

Attorney’s appearance in this matter shall be limited to the following matter(s)

:

[ ]

________________________________________________________________

[ ]

________________________________________________________________

[ ] ________________________________________________________________

Page 1 of 3

(Release: 12/21) HRCP--109

___________________________________ _____________________________________________

Form 32-A HAWAI#I RULES OF CIVIL PROCEDURE

2. A copy of the “Agreement and Consent to Limited Representation” or a substantially

similar document between Attorney and Client may be submitted in camera to the court in

compliance with Rule 9 of the Hawai#i Court Records Rules.

3. Attorney is the attorney of record and available for service of process in accordance with

HRCP Rules 4 and 5 for all matters related to paragraph #1 above.

4. Attorney hereby notifies this court that Client can be contacted as follows:

Name: ____________________________________________________________________

Address: __________________________________________________________________

Telephone: _______________________________ FAX: ____________________________

Email: ____________________________________________________________________

5. The attorney for opposing party [ ] may [ ] may not contact Client regarding matters not

listed in paragraph #1 above without first consulting Attorney.

6. To terminate a limited scope representation either a “Notice of Withdrawal of Limited

Appearance” or a motion to withdraw as counsel may be filed pursuant to HRCP Rule 11.1(b).

Client shall be provided with notice and an opportunity to object.

7. This accurately sets forth the scope of Attorney’s limited representation.

Date Signature of Attorney

Page 2 of 3

HRCP--110 (Release: 12/21)

___________________

HAWAI#I RULES OF CIVIL PROCEDURE Form 32-A

I have read and approve this notice:

_________________________________ __________________________

Date Signature of Client

The ORIGINAL of the foregoing is filed with the court.

COPIES of the foregoing were mailed/delivered this _________ day of ________, 20____, to:

The Honorable _______________________________________ [can be presiding judge].

By: _________________________________________

Attorney for: __________________________________

Page 3 of 3

(Release: 12/21) HRCP--111

Form 32-B HAWAI#I RULES OF CIVIL PROCEDURE

Form 32-B. Notice of Withdrawal of Limited Appearance.

(FILING PARTY)

Name & At

torney Number

Mailing Address

Phone Number

Email Address

Representing ______________________________

[ ] Plaintiff/Petitioner [ ] Defendant/Respondent

IN THE CIRCUIT COURT OF THE _____________ CIRCUIT

STATE OF HAWAI#I

) CIVI

L

NO.

_______________________________,

)

Plaintiff/Petitioner, ) NOTICE OF WITHDRAWAL OF

) LIMITED APPEARANCE;

) CERTIFICATE OF SERVICE

vs. )

)

_______________________________, )

)

Defendant/Respondent. )

_______________________________________) JUDGE: ___________________________

NOTICE OF WITHDRAWAL

OF LI

MITED APPEARANCE

Attorney _________________________________________ (“Attorney”) hereby files notice of

Attorney’s withdrawal of limited appearance for Client ______________________________ (“Client”) in

the above-captioned matter. Client has 14 days from the filing of this notice to file an “Objection to the

Withdrawal of Limited Appearance” pursuant to Rule 11.1(b)(4) of the Hawai#i Rules of Civil Procedure.

DATED: _________________, Hawai#i, ____________________________________________.

_____________________________________________

Atto

rney

OPTIONAL:

Client consents to this withdrawal: ____________________________________________

[Signature of Client]

[attach proof of service upon the client here]

HRCP--112 (Release: 12/21)

______________________________________________________________________________________

HAWAI#I RULES OF CIVIL PROCEDURE Form 32-C

Form 32-C. Objection to Withdrawal of Limited Appearance.

(FILING PARTY)

Nam

e

Mailing Address

Phone Number

Email Address

Representing ______________________________

[ ] Plaintiff/Petitioner [ ] Defendant/Respondent

IN THE CIRCUIT COURT OF THE _____________ CIRCUIT

STATE OF HAWAI#I

)

CIVIL NO.

_______________________________, )

)

Plaintiff/Petitioner, ) OBJECTION TO WITHDRAWAL OF

) LIMITED APPEARANCE;

) CERTIFICATE OF SERVICE

vs. )

)

_______________________________, )

)

Defendant/Respondent. )

_______________________________________) JUDGE: ___________________________

OBJECTION TO WITHDRAWAL

OF LIMITED APPEARANCE

Pursuant to Rule 11.1(b)(4) of the Hawai#i Rules of Civil Procedure, Client

________________________ ______________________________________________________ (

“Client”)

hereby objects to the Notice of Withdrawal of Limited Appearance of Attorney

_____________________________________ (“Attorney”) filed on ____________________, because

______________________________________________________________________________________.

DATED: _________________, Hawai#i , ______________________________________________.

_______________________________________________

Cl

ient

A hearing on this matter shall be held on _____________________, in Courtroom_____, at

________ a.m./p.m.

(Release: 12/21) HRCP--113

Form 33 HAWAI#I RULES OF CIVIL PROCEDURE

Form 33. Notice of Request for Scheduling Conference (Effective 1/1/2022)

[Name of Att

orney & Bar Number or Self-represented Party]

[Address]

[Telephone No.]

[Email]

[Attorney for Plaintiff(s) or Plaintiff]

IN THE CIRCUIT COURT OF THE __________ CIRCUIT

STATE OF HAWAI#I

XXX, ) CIVIL NO. ___________

)

Plaintiff(s), )

)

vs. ) NOTICE OF REQUEST FOR SCHEDULING

) CONFERENCE; [PROPOSED] ORDER SETTING

XXX, ) SCHEDULING CONFERENCE

)

Defendant(s). )

) JUDGE: _______________

)

NOTICE OF REQUEST FOR SCHEDULING CONFERENCE

Plaintiff enters a Notice of Request for Scheduling Conference pursuant to Rule 16)(b)(4) of

the Hawai#i Rules of Civ

il Procedure (HRCP) and Rule 12(a)(4) of the Rules of the Circuit Courts of

the State of Hawai#i (RCCH).

HRCP 16(b)(2) and RCCH 12(a)(2) require the court to issue a Scheduling Order within the

earlier of 90 days after any defendant has been served with the complaint or 60 days after any

defendant has appeared, unless the court finds good cause for delay. The undersigned certifies

that (check all that apply):

[ ] the first service of the complaint on any defendant was on ____________ (date)

[ ] the first appearance by any defendant was on _____________ (date)

[[Footer language to be added sepcifying docket code to be used by filing party]

(11/18/21)

HRCP--114 (Release: 12/21)

______________________________________________

HAWAI#I RULES OF CIVIL PROCEDURE Form 33

and requests that the Scheduling Conference be held before _____________ (insert the

applicable 60 or 90 day deadline).

DATED: _____________, Hawai#i, ________________________________________.

Signature of Attorney or Self-Represented Party

11/18/21

(Release: 12/21)

HRCP--115

Form 34 HAWAI#I RULES OF CIVIL PROCEDURE

Form 34. [PROPOSED] ORDER SETTING SCHEDULING CONFERENCE

(Effective 1/1/2022)

[Name of Attorney & Bar Number or Self-Represented Party]

[Address]

[Telephone No.]

[Email]

[Attorney for Plaintiff(s) or Plaintiff]

IN THE CIRCUIT COURT OF THE __________ CIRCUIT

STATE OF HAWAI#I

XXX

, ) CIVIL NO. __________

)

Plaintiff(s), )

)

vs. ) [PROPOSED] ORDER SETTING SCHEDULING

) CONFERENCE

XXX, )

) Date: _____________________

Defendant(s). ) Time:

) Judge: ____________________

)

[PROPOSED] ORDER SETT

ING SCHEDULING CONFERENCE

(READ THIS ORDER CAREFULLY)

IT IS HEREBY ORDERED that the parties shall appear (check one):

[ ] In person

[ ] Video Conference

for a scheduling conference on _________________ at ________ __.m. before the Honorable

____________________, pursuant to Rule 16(b) of the Hawai#i Rules of C

ivil Procedure (HRCP)

and Rule 12(a) of the Rules of the Circuit Courts of the State of Hawai#i (RCCH).

1.

Lead trial counsel and self-represented parties are required to att

end.

2.

In person conferences

are held in the judge’s courtroom located at

_______________________________________________________

(insert address). Please

[[Footer language to be added sepcifying docket code to be used by filing party]

(11/18/21)

HRCP--116 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 34

be prompt and inform the Law Clerk of your presence. Video conferences are conducted via

Zoom. Parties are instructed to read the court’s Zoom Video Conferencing Instructions for

Attorneys and Other Participants filed in this case to participate in a video conference.

3. T

he parties are reminded that a meeting of the parties must occur at least 21 day

s

bef

ore the scheduling conference. The parties must confer in good faith on the following:

· The basis of their claims and

defenses;

· Possibilit

ies for promptly settling or resolving the

case;

· I

nitial disclosures as required by HRCP 26(a)(1)

;

· Assignment of t

he case to an expedited or non-expedited track under

HRCP

16.1;

· I

ssues about

preserving discoverable information;

and

· A

proposed discovery

plan as required by

HRCP 26(f)(3)

and

RCCH

12(a)(6)(C).

HRCP

26(f);

RCCH 12(a)(6). The parties are expected to review the applicable court rules which

set forth in detail the information the parties are required to discuss.

4. A

joint report of the parties outlining the parties’ discovery plan must be filed within

14

calendar days after the meeting of the parties. HRCP 26(f); RCCH 12(a)(6)(B).

5. Each par

ty shall file a scheduling conference statement in accordance with

RCCH

12(

a)(7) no later than 7 calendar days before the scheduling conference.

6. Plaint

iff(s) is(are) required to promptly serve this Order on all parties who have

been

served with the complaint, but who have not yet appeared in this case. Plaintiff(s) must also

serve this Order on all unrepresented parties who are not JEFS Users and who have not

consented to electronic service.

7. Failur

e to comply with either any part of this Order or to attend the

scheduling

conf

erence may result in sanctions (including fines, dismissal, entry of default, and an award of

attorneys’ fees and costs). RCCH 12(l).

DATED:

___________,

Hawai#i,

___________________________________________.

___________________________________________

Judge of

t

he above-entitled Court

2

(11/18/21)

(Release: 12/21)

HRCP--117

Form 35 HAWAI#I RULES OF CIVIL PROCEDURE

Form 35. CERTIFICATE OF SERVICE (Effective 1/1/2022)

[Attorney Name & Bar No. or Name of self-represented party]

[Address]

[Telephone no.]

[Email]

[Attorney for Plaintiff(s) or Unrepresented Plaintiff]

IN THE CIRCUIT COURT OF THE ______ CIRCUIT

STATE OF HAWAI#I

XXX, CIVIL NO. ______

Plaintiff(s),

CERTIFICATE OF SERVICE

vs.

(RE: ORDER SETTING SCHEDULING

CONFERENCE)

XXX,

Defendant(s).

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct file marked copy of the ORDER

SETTING SCHEDULING CONFERENCE was served on all parties who have been served with

the complaint either electronically through the Hawai#i Judiciary Electronic Filing System (“JEFS”)

or

conventionally via U.S. Mail at their last known address(es) on the date indicated below:

[Name of Party] [Manner of Service] [Date]

DATED:

_____________,

Hawai#i _________________________________________.

________________________________________

Plaintiff/Plaintiff’s Counsel

[Footer language to be added specifying docket code to use upon filing]

(11/18/21)

HRCP--118 (Release: 12/21)

HAWAI#I RULES OF CIVIL PROCEDURE Form 36

Form 36. JOINT REPORT OF PARTIES (Effective 1/1/2022)

[Attorney Name & Bar No. or Name of self-represented party]

[Address]

[Telephone no.]

[Email]

[Attorney for _________ or self-represented party]

IN THE CIRCUIT COURT OF THE __________ CIRCUIT

STATE OF HAWAI#I

XXX, ) CIVIL NO. ______________

)

Plaintiff, )

)

vs. ) JOINT REPORT OF THE PARTIES

)

XXX, )

) Scheduling Conference: ________

Defendant. ) Judge: _______________

)

JOINT REPORT OF THE PARTIES

(HRCP 26(f)(2) and RCCH 12(a)(6)(B)

require the parties to file a joint report within 14 days after the parties’ meeting.)

In accordance with Rule 26(f)(2) of the Hawai#i Rules of Civil

Procedure (HRCP) and Rule

12(a)(6)(B) of the Rules of the Circuit Courts of the State of Hawai#i (RCCH), the parties signing

below met (check one) [ ] in person [ ] by telephone [ ] by video on ________________ (insert

date) and certify they conferred in good faith about the following:

ü the natur

e and basis of their claims and def

enses;

ü t

he possibilities for promptly settling or resolving the

case;

ü making

or arranging for disclosures required by HRCP 26(a)(1)

;

ü w

hether the case should be assigned to an expedited or non-expedited track for trial under

HRCP

16.

1;

[Footer language to be added specifying docket code to be used by filing party]

(11/18/21)

(Release: 12/21)

HRCP--119

_____________________________________________________________________________

__________________________________________________________________________

____________________________________________________________________________

Form 36 HAWAI#I RULES OF CIVIL PROCEDURE

ü preserving discoverable information; and

ü a proposed discovery plan.

A. Di

sclosures under HRCP 26(a) (check all that apply):

Initial Disclosures – HRCP 26(a)(1):

[ ] Initial disclosures were or will be made by Plaintiff(s) on ____________ (date).

[ ] Initial disclosures were or will be made by Defendant(s) on _________ (date).

[ ] Changes in the timing, form, or requirements for initial disclosures under HRCP

26(a)(1) should be made as follows:

Expert Disclosures – HRCP 26(a)(2):

[ ] Expert Disclosures will be made:

1. By parties having the burden of proof on a claim or an affirmative defense no

later than 120 days before the trial date to be set by the court;

2. By parties opposing a claim for relief or an affirmative defense no later than 90

days before the trial date to be set by the court; and

3. By parties intending to present evidence solely to rebut evidence on the subject

matter identified for the first time by a party opposing a claim for relief or an

affirmative defense no later than 60 days before the date set for trial.

OR

[

]

Changes in the timing,

form,

or

requirements

for

expert

disclosures under

HRCP

26(a)(2)

should be made as follows:

2

(11/18/21)

HRCP--120 (Release: 12/21)

______________________________________________________________________

HAWAI#I RULES OF CIVIL PROCEDURE Form 36

B. Discovery:

1.

Discov

ery may be needed on the following subject

s:

2.

Discovery should be completed by: ___________________________ (date).

3.

Discov

ery should be conducted in phases or be limited to or focused on part

icular

issues

as follow

s:

C.

Elect

ronically Stored Information (ESI)

:

As

to any issues about disclosure, discovery, or preservation of ESI, including the form or

forms in which it should be produced, the parties report:

D. Claims

of Privilege or of Protection as Trial-Preparation Materials: (parties

should

ident

ify whether they anticipate any claims of privilege or of protection as trial-preparation

materials; whether the parties agree on a procedure to assert these claims after production (i.e.,

claw back), and whether they ask the court to include their agreement in an order under Rule 502

of the Hawai#i Rules of Evidence):

3

(11/18/21)

(Release: 12/21)

HRCP--121

_________________________________________________________________________

Form 36 HAWAI#I RULES OF CIVIL PROCEDURE

E. Changes, if any, to be Made in Limitations on Discovery: (parties should discuss

and

report on whether any changes should be made to the limitations on discovery set forth in the

HRCP or the RCCH, and any other limitations that should be imposed):

F. Ot

her Orders: (parties should report on whether there are any other orders that t

he

court

should issue under HRCP 26(c) or under HRCP 16(b) and (c)).

G. Ot

her Matters: (parties should report on whether they are amenable to ADR;

and

any

other miscellaneous matter they believe is relevant to the scheduling conference with court):

SUBMITTED BY:

___________________________ ________________________________

Plaintif

f / Counsel for Plaintiff(s) Defendant / Counsel for Defendant(s)

<<additional signature lines to be added if multiple parties>>

4

(11/18/21)

HRCP--122 (Release: 12/21)