HAWAI I FAMILY COURT RULES - courts.state.hi.us

1 HAWAI #I FAMILYCOURT RULES (SCRU-11-0000582)Adopted and Promulgated bythe Supreme Courtof the State of HAWAI #iDecember 15, 1989 With Amendments as NotedComments and commentary are provided by the RULES committeefor interpretive assistance. The comments and commentary expressthe view of the committee and are not binding on the JudiciaryState of HAWAI #iHAWAI#I FAMILY COURT RULES Table of Contents PART A. GENERAL RULES I. SCOPE OF RULES - ONE FORM OF ACTION Rule 1. SCOPE: CONSTRUCTION AND APPLICATION OF RULES . (a) Scope. (b) Construction and Application. Rule CLASSIFICATION OF ACTIONS. Rule 2. CIVIL ACTION. Rule COMPLIANCE WITH THESE RULES . II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS Rule 3.

2 COMMENCEMENT OF ACTION. Rule 4. PROCESS. (a) Summons: Issuance. (b) Summons: Form. (c) Summons: By whom served. (d) Summons: Personal service. (e) Summons: Other service. (f) Territorial limits of effective service. (g) Return. (h) Amendment. Rule 5. FILING AND SERVICE OF PLEADINGS AND OTHER PAPERS ON PARTIES. (a) Service: When required. (b) Service: How made. (c) Proof of service. (d) Filing. (e) Filing with the COURT defined. (f) Nonfiling of discovery materials. (Release: 12/20) i Table of Contents HAWAI #i FAMILY COURT RULES Rule NOTICE IN PROCEEDINGS RELATING TO CHILD IN FOSTER CARE. Rule 6. TIME. (a) Computation. (b) Enlargement. (c) Reserved. (d) For motions; affidavits or declarations.

3 (e) Additional time after service by mail. III. PLEADINGS AND MOTIONS Rule 7. PLEADINGS ALLOWED. Rule FORMATTING OF DOCUMENTS. (a) Form. (b) No flyleaf shall be attached to any document. (c) Form of first page. (d) Two or more documents filed together. Rule 8. GENERAL RULES OF PLEADING. (a) Claims for relief. (b) Defenses; form of denials. (c) Affirmative defenses. (d) Demurrers, pleas, etc., abolished. (e) Effect of failure to deny. (f) Pleading to be concise and direct; consistency. (g) Construction of pleadings. (h) Appearance and waiver. Rule 9. PLEADING SPECIAL MATTERS. (a) Capacity. (b) Fraud, mistake, condition of the mind. (c) Conditions precedent. (d) Official document or act.

4 (e) Judgment. (f) Time and place. (g) Reserved. ii (Release: 12/20) HAWAI #i FAMILY COURT RULES Table of Contents Rule 10. MOTIONS. (a) Form of motions. (b) Declaration in lieu of affidavit. (c) Motions requesting financial relief. (d) Response to motions; effect of failure to appear. (e) Appearance and waiver. Rule 11. SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS. Rule 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.

5 (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. Rule 14. THIRD-PARTY PRACTICE. (a) When parties may bring in third-party. (b) Reserved.

6 Rule 15. AMENDED AND SUPPLEMENTAL PLEADINGS. (a) Amendments. (b) Amendments to conform to the evidence. (c) Relation back of amendments. (d) Supplemental pleadings. Rule 16. CONFERENCES WITH THE COURT ; FORMULATING ISSUES. (Release: 12/19) iii Table of ContentsHawai#i FAMILY COURT RulesIV. PARTIESRule ; CAPACITY.(a)Real party in interest.(b)Reserved.(c)Minors or incompetent persons.(d)Unidentified 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) JOINDER OF PARTIES.(a)Permissive joinder.(b)Separate AND NON-JOINDER OF (a)Intervention of right.

7 (b)Permissive intervention.(c)Procedure.(d) Notice of Claim of OF PARTIES.(a)Death.(b)Incompetency.(c)Rese rved.(d)Reserved.(Release: 12/14)ivHawai#i FAMILY COURT RulesTable of ContentsV. DEPOSITIONS AND DISCOVERYRule PROVISIONS GOVERNING DISCOVERY.(a)Discovery methods.(b)Discovery scope and limits.(1)In General.(2)Limitations.(3)Reserved.(4)Tr ial Preparation: Materials.(5)Trial Preparation: Experts.(6)Claims of Privilege or Protection of Trial Preparation Materials.(c)Protective orders.(d)Sequence and timing of discovery.(e) Supplementation of responses.(f)Discovery conference.(g)Signing of discovery requests, responses, and BEFORE ACTION OR PENDING APPEAL.(a)Before action.

8 (1)Petition.(2)Notice and service.(3)Order and examination.(4)Use of deposition.(b)Pending appeal.(c)Perpetuation by BEFORE WHOM DEPOSITIONS MAY BE TAKEN.(a)Within the United states .(b)In foreign countries.(c)Disqualification for REGARDING DISCOVERY UPON ORAL EXAMINATION.(a)When depositions may be taken; when leave required.(b)Notice of examination: General requirements; method of recording;production of documents and 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.

9 (g)Failure to attend or to serve subpoena; expenses.(Release: 12/14)vTable of ContentsHawai#i FAMILY COURT RulesRule UPON WRITTEN QUESTIONS.(a)Serving questions; notice.(b)Officer to take responses and prepare record.(c)Notice of 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 TO PARTIES.(a)Availability.(b)Answers and objections.(c )Scope; use at trial.(d)Option to produce business OF DOCUMENTS AND THINGS AND ENTRY UPONLAND FOR INSPECTION AND OTHER PURPOSES.

10 (a)Scope.(b)Procedure.(c)Persons not AND MENTAL EXAMINATION OF PERSONS.(a)Order for examination.(b)Report of FOR ADMISSION.(a)Request for admission.(b)Responses.(c)Objections to the response.(d)Effect of admission.(Release: 12/14)viHawai#i FAMILY COURT RulesTable of ContentsRule 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.