HAWAI I RULES OF CIVIL PROCEDURE - · PDF filehawai ' i rules of civil procedure table of contents i. scope of rules -- one form of action rule 1. scope of rules rule 2. one form of - [PDF Document] (2023)



    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


    Table of Contents


    Rule 1. SCOPE OF RULES





    (1) Tort cases (2) Tort cases in which the initial complaint, or subsequent affirmative

    pleading, is accompanied by request to exempt case from the court-annexed arbitration program

    (3) Non-tort cases (b) Civil information sheet (c) Additional claims information sheet (d) 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: 12/11) i

  • 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


    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

    ii (Release: 12/11)

  • 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 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: 12/11) iii


    (Release: 12/13)iv

    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(c) Subjects for consideration at pretrial conferences(d) Final pretrial conference(e) Pretrial orders(f) Sanctions

    Rule 16.1. APPEARANCE BY TELEPHONIC OR VIDEO CONFERENCE CALL(a) Telephonic or video conferencing call allowed(b) Telephonic or video conferencing call not allowed(c) Arranging telephonic or video conferencing call


    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

  • Hawai'i Rules of Civil Procedure Table of Contents

    Rule 20. PERMISSIVE JOINDER OF PARTIES (a) Permissive joinder (b) Separate trials



    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 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


    (Release: 12/11) v

  • Table of Contents Hawai'i Rules of Civil Procedure


    Rule 26. GENERAL PROVISIONS GOVERNING DISCOVERY (a) Discovery Methods (b) Discovery Scope and Limits

    (1) In general (2) Limitations (3) Insurance Agreements (4) Trial 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 Objections


    (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


    vi (Release: 12/11)


    (Release: 12/14) vii

    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 StoredInformation, 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

    Rule 33. INTERROGATORIES TO PARTIES(a) Availability(b) Answers and Objections(c) Scope; Use at Trial(d) Option to Produce Business Records


    Stored Information


    (Release: 12/14)viii

    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 toAdmit

    (d) Failure of Party to Attend at Own Deposition or Serve Answers toInterrogatories or Respond to Request for Inspection

    (e) Expenses Against the State(f) Failure to Preserve Electronically Stored Information


    Rule 38. JURY TRIAL OF RIGHT(a) Right preserved(b) Demand(c) Same: Specification of issues(d) Waiver

    Rule 39. TRIAL BY J


What do the Civil Procedure Rules do? ›

The civil procedure rules make up a procedural code whose overriding aim is to enable the courts to deal with cases justly.

What is the Civil Procedure Rules 1998? ›

The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers.

What is Part 44 of the Civil Procedure Rules? ›

Amount of costs where costs are payable under a contract

Practice Direction 44 – General rules about costs sets out circumstances where the court may order otherwise.

What is Rule 4 Colorado Rules of Civil Procedure? ›

If a defendant is not served within 63 days (nine weeks) after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-shall dismiss the action without prejudice against that defendant or order that service be made within a specified time.

What is the procedure of court? ›

After critically examining the pleadings presented by the parties, the oral arguments and averments, the court comes to the conclusion that the case requires further detailed hearing of case; evaluation of facts and evidence, the court admits the case for Final Hearing.

What is civil procedure code and Limitation Act? ›

(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue ...

What are the powers of court? ›

Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena.

How do I settle a court claim? ›

Here are some key things to keep in mind.
  1. Put the issue into perspective. Before you do anything else, it helps to put the issue in perspective. ...
  2. Keep good records. ...
  3. Appeal to a sense of fairness. ...
  4. ACAS and/or Judicial Mediation. ...
  5. Assume the best and keep your cool. ...
  6. Figure out how to settle a case out of Court.

What is a clear day law? ›

For the purposes of dispute resolution, all periods of time expressed as a number of days in the Civil Procedure Rules, a Practice Direction, judgment or order will be calculated as clear days (CPR 2.8). For further information, see Practice note, Time limits. Resource ID 1-205-5108. © 2022 Thomson Reuters.

Who pays the costs in civil litigation? ›

What's the general rule? The general rule is that the loser pays the winner's costs. In practice, the court has flexibility as to when one party may be responsible in whole or in part for the other party's costs.

Can you claim costs in family court? ›

Costs Orders in Family Law Proceedings

The Court will usually order a party to pay the costs of the other party if they have acted unreasonably throughout the proceedings or Court process. Costs will be payable regardless of whether a party is in receipt of Legal Aid.

What is costs in the case? ›

'Costs in the case' means that the ultimately successful party will be able to recover the costs in relation to that order, on conclusion of the proceedings. It is often a phrase utilised in interim case management orders as the successful party/outcome of the litigation is not yet known.

How long does a judge have to answer a motion Colorado? ›

The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response.

Can you serve court papers by email? ›

In the case of service by email, a specified method can be agreed so that the receipt of court documents may be managed and monitored properly. Service of documents by email is 'opt-in'. Simply because correspondence is sent by email between the parties does not mean a court document may be served by email.

What happens if a process server can't serve you Colorado? ›

When attempts to serve you personally have proved unsuccessful, a savvy process server will simply hand the papers off to a workmate or other competent person to then give to you. Another option is to send the papers to you in the mail via certified postage. These also can be sent either to your home or work.

What are the 3 types of court? ›

Types of courts

Basic distinctions must be made between criminal and civil courts, between courts of general jurisdiction and those of limited jurisdiction, and between appellate and trial courts.

What are the 7 steps of a trial? ›

What Are The Steps in A Criminal Case?
  • Step 1: Bail. Arrest. ...
  • Step 2: Arraignment. Arraignment. ...
  • Step 3: Preliminary Hearing. Prelim. ...
  • Step 4: 2nd Arraignment (Superior Court) Arraignment. ...
  • Step 5: Pretrial Hearing & Motions. Pre-trial. ...
  • Step 6: Jury Trial. Trial. ...
  • Step 7: Appeal. Post.
30 Apr 2022

What are the stages of civil case? ›

18 Stages of Civil Suit As Per Civil Procedure Code, 1908
  • Presentation of plaint.
  • Service of summons on defendant.
  • Appearance of parties.
  • Ex-parte Decree.
  • Interlocutory Proceedings.
  • Filing of written statement by defendant.
  • Production of documents by parties (plaintiff and defendant)
  • Examination of parties.

How long is the limitation period? ›

The limitation period runs from the day the claim arises, that is, when the obligation becomes due. Limitation periods vary according to the subject matter of the claim, and range from one to ten years. Limitation periods start running from the date that a claim becomes actionable.

What is Section 27 of Limitation Act? ›

27. Extinguishment of right to property. —At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished."

What is Section 151 of Civil Procedure Code? ›

India Code: Section Details. Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

What are the 5 powers of High Court? ›

The Court is clothed with inherent jurisdiction to: determine all Criminal and Civil Matters; determine cases concerning the violation and or infringement of the bill of rights; hear appeals from subordinate courts and tribunals; interpret the constitution; and, exercise supervisory jurisdiction over the subordinate ...

What are the 12 fundamental rights? ›

Fundamental Rights - Articles 12-35 (Part III of Indian...
  • Right to Equality.
  • Right to Freedom.
  • Right against Exploitation.
  • Right to Freedom of Religion.
  • Cultural and Educational Rights.
  • Right to Constitutional Remedies.

What are the 4 powers of the judicial branch? ›

Hearing civil cases; Protecting individual rights granted by the state constitution; Determing the guilt or innocence of those accused of violating the criminal laws of the state; Acting as a check upon the legislative and executive branches of state government.

What is a Part 36 offer? ›

What does a Part 36 offer mean? Part 36 offer in the Civil Procedure Rules is a provision which aims to encourage parties to try to settle their disputes by setting out the costs consequences of offers to settle if they are made in accordance with a Part 36.

How many civil cases go to trial? ›

So how many civil cases actually go to trial? The percentage of civil cases that settle short of trial is exceptionally high. By some estimates, 90% plus. By others, as high as 95% or more.

What are part 7 proceedings? ›

Part 7 Civil Procedure Rules sets out the process for court claims for money only. A claimant must follow the correct steps before court action and issue a claim form and particulars of claim correctly. The defendant can decide whether they want to: admit the claim.

What is meant by 7 clear days? ›

All notice periods for shareholders' meetings must be notice periods of 'clear' days. This means that the notice period must exclude the day on which notice is sent as well as the day on which the meeting is to be held.

What does 14 clear days notice mean? ›

In a private company, 14 clear days' notice is required for a general meeting unless the articles say otherwise. Clear days means that there must be 14 days not counting the date on which the notice is given and the date of the meeting.

How do you calculate clear days notice? ›

As provided in para 1.2. 6 of secretarial standard-2, for the purpose of reckoning 21 days clear notice, the day of sending the notice and the day of Meeting shall not be counted. Further in case the company sends the notice by post or courier, an additional two days shall be provided for the service of notice.

Who pays court costs in civil cases in India? ›


(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs. (b) the defence by the defendant, where the defendant was ordered to pay such costs.

Who pays costs in small claims court? ›

The general rule in civil claims, is that the successful party can expect the court to order the unsuccessful party to pay a contribution towards the successful party's costs. Costs are at the discretion of the Judge but the risk of having to pay costs can be a significant one.

How do courts award costs? ›

Costs are usually assessed on the standard basis. On either basis the Court will only allow a party to recover costs reasonably incurred and reasonable in amount. On the standard basis the Court will additionally only allow a party to recover those costs which are proportionately incurred and proportionate in amount.

What is form H in divorce? ›

The costs estimate that must be filed and served not less than one day before every hearing or appointment in proceedings for a financial remedy. See Standard document, Form H: estimate of costs (financial remedy). A copy must also be produced by each party at every hearing or appointment.

How long does court order take? ›

To reach a final decision the proceedings can take around 26 weeks, sometimes longer (with the agreement of the presiding Judge).

What is cost hearing? ›

A Costs and Case Management Conference (CCMC) is a hearing where both parties to a litigation attend before the judge and agree directions and the costs budget to trial.

What is interim fee order? ›

Interim costs orders are made during a court case and will usually be made at a hearing after an interim application has been considered. The order usually relates to the costs incurred by the parties on that particular application.

Who gives an order as to costs in court? ›

The court can, for good reason, order the successful party to pay all or part of the other parties costs, e.g. misleading statements. The court can, in special circumstances, order one party to pay the costs of the opponent on an attorney and client scale, e.g. dishonesty, fraud, grave misconduct.

Do you pay court costs if found guilty? ›

If you are convicted of an offence, the Court may make an order for you to pay the Prosecution's legal costs in an amount it considers just and reasonable. The amount of the Prosecution's legal costs will vary dependant upon the offence in consideration and at what stage you are convicted.

What is a civil procedure UK? ›

Civil Procedure Rules

ensuring parties are on an equal footing; dealing with the case in ways which are proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of each party; ensuring that the case is dealt with expeditiously and fairly.

What are the Jackson reforms? ›

A Guide To The Jackson Reforms
  • Aim. ...
  • What Are The Reforms? ...
  • Ban Referral Fees. ...
  • Conditional Fee Agreements. ...
  • DBA's. ...
  • After The Event Insurance/ Qualified One Way Shifting. ...
  • Before The Event Insurance. ...
  • Increase In General Damages.
29 Oct 2021

What are civil proceedings UK? ›

For non-criminal offences in the UK we have civil law. This is used to deal with disputes around topics such as: negligence, breach of contract, property, probate and divorce to name but a few. These disputes often work towards compensation for damages, the provision of monetary funds, goods, services.

What are the steps in which a claim goes through the county court? ›

The Five Stages of Litigation are broadly the stages of legal disputes that are pursued through the Court process:
  • Pre action conduct. ...
  • Issuing the claim and exchanging statements of case. ...
  • Exchange of evidence. ...
  • Trial. ...
  • Post trial – Appeal and Enforcement.

What are the stages of a civil case? ›

Civil Case Stages
  • Institution of suit.
  • Issue and service of summons.
  • Appearance of defendant.
  • Written statement, and set-off claims by defendant.
  • Replication'Rejoinder by Plaintiff.
  • Framing of Issues.

How do I settle a court claim? ›

Here are some key things to keep in mind.
  1. Put the issue into perspective. Before you do anything else, it helps to put the issue in perspective. ...
  2. Keep good records. ...
  3. Appeal to a sense of fairness. ...
  4. ACAS and/or Judicial Mediation. ...
  5. Assume the best and keep your cool. ...
  6. Figure out how to settle a case out of Court.

What is a formal letter of claim? ›

A letter of claim (sometimes known as a 'letter before action') forms part of that process. The letter of claim should set out the details of the claim and you are obliged to respond– so it's important to not ignore such a letter if you receive one! People are sent a letter of claim in a variety of circumstances.

What changes did the Jackson reforms bring to civil litigation? ›

The Jackson change is that, with a few exceptions, the losing party will no longer be obliged to pay the success fee (ie anything above normal fees) as part of the winner's costs. The same is true of insurance premiums to cover costs liabilities.

How do you win a civil case? ›

  1. Tell the Court Everything That It Wants to Know. ...
  2. Know the Facts and Questions of Law. ...
  3. Present Your Case Convincingly. ...
  4. Avoid Lengthy Unreasonable Arguments & Tiresome Cross Examination.

How many civil cases go to trial? ›

So how many civil cases actually go to trial? The percentage of civil cases that settle short of trial is exceptionally high. By some estimates, 90% plus. By others, as high as 95% or more.

What are the three most common types of civil cases? ›

Both civil and court cases include a plaintiff and defendant. The three most common civil cases are tort claims, contract breaches and landlord/tenant issues.

What is the maximum claim in a county court? ›

In most County Court centres, District Judges hear contested civil cases with values up to £25,000 and, in many centres, they will also deal with higher value claims with the permission of a Designated Civil Judge.

What is the typical procedure and timetable for a civil claim? ›

What is the typical procedure and timetable for a civil claim? After the institution of a civil action, the responding party is served with a summons requiring an answer within 15 days and is issued a copy of the complaint. The claimant may file a reply within 10 days of receiving an answer.

What are part 7 proceedings? ›

Part 7 Civil Procedure Rules sets out the process for court claims for money only. A claimant must follow the correct steps before court action and issue a claim form and particulars of claim correctly. The defendant can decide whether they want to: admit the claim.

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