Honolulu First Circuit Court

For civil matters, the clerk must electronically file submitted paper documents and preserve the paper receipt date and time as the filing date.

Upon introduction of electronic filing in civil matters in the circuit courts, the clerk shall electronically file any paper document submitted to the clerk. The receipt date and time reflected on the conventionally filed document, subsequently filed in JIMS, shall be deemed the filing date for all purposes under these Rules. Once electronically filed, the clerk shall not retain the paper document.

A motion to shorten or advance a hearing must be electronically filed, unless the filer is not a JEFS user, and must state its authority and basis and include a proposed order.

Any motion to shorten time for hearing or motion to advance hearing shall be electronically filed or conventionally filed if the filing party is not a JEFS User. The motion shall cite the authority and state the reason(s) and factual or other basis for the request. The motion shall be accompanied by a proposed order granting the motion and including an appropriate space for the date and time of the hearing.

Unless an exception applies, JEFS Users must file every document electronically through JEFS as a PDF, including documents proposed for sealing or in camera review.

Unless otherwise expressly provided in these rules or in exceptional circumstances that prevent a JEFS User from filing electronically, a JEFS User shall file each document as a PDF document through JEFS for docketing and storage in JIMS, including documents that are sealed by court order and documents proposed to be submitted under seal or for in camera review.

Page 1 | Rule 2.2. All Documents

Proposed orders, findings of fact, conclusions of law, and judgments must be filed electronically through JEFS or JIMS.

Proposed orders, findings of fact, conclusions of law, and judgments shall be clearly marked "proposed" and filed through JEFS or JIMS like any other document.

Page 1 | Rule 9.1. Proposed Orders, Findings of Fact, Conclusions of Law, and Judgments

Exhibits must be submitted as separately labeled JEFS attachments to the lead document.

Exhibits shall be submitted as separate JEFS attachments to the lead document. The JEFS User shall identify and label each exhibit clearly.

Page 1 | Rule 2.3. Exhibits

Court documents must be filed through the Judiciary website, court-generated documents must be electronically filed by the clerk, and each document may not exceed 10 megabytes.

A JEFS User shall file documents by way of the Judiciary’s website. The clerk shall electronically file each document generated by the court. The size of each document shall not exceed 10 megabytes.

Page 1 | Rule 2.2. All Documents

All orders, decrees, judgments, and other court-issued documents must be electronically filed under internal court procedures.

All orders, decrees, judgments, and other court-issued documents shall be electronically filed in accordance with internal court procedures.

Page 1 | Rule 7.1. Orders, Decrees, and Judgments; Other Court-Issued Documents

Attorneys representing parties in JIMS cases must register as JEFS users and electronically file all documents unless the court exempts them.

As provided by Rule 4 of the Hawaiʻi Electronic Filing and 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.

Page 1 | Rule 1.1. REGISTRATION REQUIRED

The completed original Form 4 must be filed as a non-hearing motion with the proposed order, either electronically or conventionally with the trial-court clerk when the filer is not a registered Judiciary Electronic Filing System user.

When you have completed the form, file the original form in the applicable case as a non-hearing motion along with the proposed order. The form shall be electronically filed or conventionally filed with the trial court clerk if the filing party is not a registered Judiciary Electronic Filing System user.

Page 1 | HCRR Form 4, Instructions 4

Confidential settlement conference letters must not be electronically filed in JEFS.

Do not electronically file your confidential settlement letters in JEFS.

Page 12 | Mandatory Settlement Conferences

A non-JEFS user must print, sign, date, and submit a hard copy to the Legal Documents Branch clerk for filing.

If you are not a JEFS User, you must print a hard copy of your document, sign and date the document, and then submit it to the Legal Documents Branch clerk for filing.

Page 14 | Notice of Request for Scheduling Conference

Self-represented parties who are not JEFS users must submit their completed documents to the circuit court's Legal Documents Branch for conventional filing by the clerk.

Self-represented parties: If you are not represented by an attorney and are not a JEFS User, submit your completed documents to the Legal Documents Branch of the respective circuit court for conventional filing by the clerk of court.

Page 21 | Setting a Scheduling Conference with the Court

A registered JEFS user may upload both documents together or file the Notice as the lead document and the proposed order as a supporting document.

JEFS Users: If you are a registered JEFS User, you can upload the documents together as a single document or you may separately file the Notice of Request for Scheduling Conference as the lead document with the [Proposed Order] Setting Scheduling Conference as a supporting document.

Page 22 | Setting a Scheduling Conference with the Court

A JEFS user must convert a self-created document to PDF; a non-JEFS user must print, sign, date, and submit the document to the Legal Documents Branch clerk.

If you create your own document, you must convert it to a PDF file if you are a JEFS User. If you are not a JEFS User, you must print a hard copy of your document, sign and date the document, and then submit it to the Legal Documents Branch clerk for filing.

Page 30 | Instructions — Joint Report of the Parties

A self-represented party that is not a JEFS user must submit the completed document to the Legal Documents Branch for conventional filing by the clerk of court.

Self-represented parties: If you are not represented by an attorney and are not a JEFS User, submit your completed document to the Legal Documents Branch of the respective circuit court for conventional filing by the clerk of court.

Page 32 | Filing Instructions

A registered JEFS user must electronically file the Joint Report of the Parties.

JEFS Users: If you are a registered JEFS User, you must electronically file the Joint Report of the Parties.

Page 33 | Meeting of the Parties, Discovery Planning, and Joint Report

A self-prepared document submitted by a JEFS user must be converted to PDF.

If you create your own document, you must convert it to a PDF file if you are a JEFS User.

Page 39 | Instructions: Scheduling Conference Statement

A self-represented party that is not a JEFS User must submit the completed document to the circuit court's Legal Documents Branch for filing by the clerk.

Self-represented parties: If you are not represented by an attorney and are not a JEFS User, submit your completed document to the Legal Documents Branch of the respective circuit court for conventional filing by the clerk of court.

Page 41 | Self-represented parties

For conventionally submitted documents, the filing clerk date- and time-stamps the document and electronically files the original.

Your document will be date and time stamped by the filing clerk, who will electronically file your original document.

Page 42 | Self-represented parties

A registered JEFS User must electronically file the document.

JEFS Users: If you are a registered JEFS User, you must electronically file the document.

Page 42 | JEFS Users

Exhibits that cannot be electronically converted may be filed conventionally.

A party may conventionally file exhibits that cannot be electronically converted (e.g., videotapes, large maps, weapons, drugs, drug paraphernalia, etc).

Page 1 | Rule 2.3. Exhibits

The clerk may not reject a paper solely because it is not presented in the proper form required by the rules.

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.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 5(e)

A self-represented party may register as a JEFS User for the case in which the party is appearing.

A self-represented party may register as a JEFS User for the case(s) in which he or she is a party.

Page 1 | Rule 4.1(c). Self-represented parties

An unrepresented individual party may register as a JEFS user for the case.

An unrepresented party may register as a JEFS User for the case in which the unrepresented party is an individual party.

Page 1 | Rule 1.1. REGISTRATION REQUIRED

The filing clerk will date and time stamp the document and electronically file the original.

Your document will be date and time stamped by the filing clerk, who will electronically file your original document.

Page 33 | Meeting of the Parties, Discovery Planning, and Joint Report

Electronic filing does not change the applicable filing deadlines.

Filing a document electronically does not alter filing deadlines.

Page 1 | Rule 3.4. Filing Deadlines

An electronic filing is complete when the Notice of Electronic Filing is generated.

The electronic filing of a document is deemed complete for all purposes under any of the Hawai’i Rules of Court when a Notice of Electronic Filing is generated.

Page 1 | Rule 3.1. Filing Complete

A document filed through JEFS or JIMS is deemed filed at the date and time shown on the Notice of Electronic Filing, which reflects the court’s receipt time rather than the user’s transmission time.

Except as provided in Rule 2.5 of these rules, a document filed through JEFS or JIMS for docketing and storage in JIMS is deemed filed at the date and time stated on the Notice of Electronic Filing. The time stamp on the Notice of Electronic Filing is the time the document was electronically received by the court, not the time the document was transmitted by the JEFS User.

Page 1 | Rule 3.3. Time of Filing

When the clerk electronically files a conventionally submitted paper document, the document’s receipt date and time are preserved as its filing date.

The clerk shall electronically file any paper document conventionally filed. The receipt date and time reflected on the conventionally filed document and subsequently filed in JIMS shall be deemed the filing date for all purposes under any of the Hawai‘i Rules of Court.

Page 1 | Rule 2.5. Electronic Filing of Documents Submitted on Paper; Filing Date and Time Preserved

The parties’ joint report outlining their discovery plan must be filed within 14 calendar days after their discovery meeting.

A joint report of the parties outlining the parties’ discovery plan must be filed within 14 calendar days after the meeting of the parties.

Page 1 | APPENDIX OF FORMS — Form 34, paragraph 4

Unless an exception applies, an attorney-fee motion must be filed and served within 14 days after an appealable order or judgment and identify the judgment, legal entitlement, and amount or fair estimate sought.

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.

Page 1 | VII. JUDGMENT — Rule 54(d)(2)(B)

A defending party’s summary-judgment motion must be filed and served at least 50 days before trial unless the court permits a later filing for good cause.

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.

Page 1 | VII. JUDGMENT — Rule 56(b)

The opening and answering briefs are each due within 40 days of the specified triggering event, a reply may be filed within 14 days after service of the answering brief and is limited to matters in that brief, and an intent not to reply must be communicated in writing before the reply deadline.

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.

Page 1 | IX. APPEALS — Rule 72(f)(1)

Papers requiring service that are conventionally served on a non-JEFS user must be filed with a certificate of service either before service or within a reasonable time afterward, subject to the discovery-material exception.

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.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 5(d)

In a civil case transferred from district court, the plaintiff must file the civil information sheet within seven days after the notice of docketing is filed.

Within 7 days after filing of the notice of docketing, the plaintiff shall file the civil information sheet.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 3.1(c)

A summary-judgment motion is due at least 18 days before the hearing, opposition at least eight days before, and reply at least three days before.

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.

Page 1 | VII. JUDGMENT — Rule 56(c)

A claimant may seek summary judgment after 20 days from commencement or after service of the adverse party’s summary-judgment motion, but the motion must be served and filed at least 50 days before trial absent court permission for good cause.

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.

Page 1 | VII. JUDGMENT — Rule 56(a)

Documents submitted through JEFS or JIMS are deemed filed with the clerk of court.

Documents filed through JEFS or JIMS are deemed filed with the clerk of court.

Page 1 | X. CIRCUIT COURTS AND CLERKS — Rule 77(a)

A reply to the opposition is due within three business days after service, or five business days when the opposition is mailed.

Any reply shall be filed and served no later than three business days after the service of the opposition or five business days after the service date if the opposition is mailed.

Page 1 | Rule 15(a)

A response to the Rule 15 motion is due within six business days after service, or eight business days when service is by mail.

Any response to a motion under this rule shall be filed and served no later than six business days after the service date indicated on the certificate of service or no later than eight business days after the service date if the motion is served by mail.

Page 1 | Rule 15(a)

The Joint Report of the Parties must be filed within 14 days after the parties’ meeting.

The Joint Report of the Parties must be filed within 14 days after the meeting of the parties.

Page 8 | Meeting of the Parties, Discovery Planning, and Joint Report

Each party must file and serve its own Scheduling Conference Statement at least seven days before the scheduling conference.

In addition to the Joint Report of the Parties, each party must file and serve their own Scheduling Conference Statement no later than 7 days before the scheduling conference.

Page 9 | Scheduling Conference Statement Requirements

When no final pretrial conference is scheduled, pretrial statements must be filed and served no later than fourteen days before trial.

If no final pretrial conference is scheduled, then parties must file and serve their pretrial statements no later than 14 days before trial.

Page 12 | Pretrial Statements

When a final pretrial conference is scheduled, pretrial statements must be filed and served no later than seven days before that conference.

Instead, pretrial statements are now required to be filed and served no later than 7 days before the final pretrial conference scheduled by the court.

Page 12 | Pretrial Statements

Confidential settlement letters must be submitted to the judge no later than five working days before the settlement conference.

Parties must submit confidential settlement conference letters to the judge at least 5 working days before the conference.

Page 12 | Mandatory Settlement Conferences

The scheduling conference must occur before the earlier of 90 days after service or 60 days after an appearance.

Requested date for the scheduling conference: The scheduling conference must take place before the court’s deadline to issue a scheduling conference order, which is 90 days after a ===== PAGE 16 ===== defendant has been served with the complaint or 60 days after a defendant has appeared, whichever is earlier.

Page 16

The court must issue a Scheduling Order within the earlier of 90 days after service on any defendant or 60 days after any defendant's appearance, unless it finds good cause for delay.

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.

Page 17 | Notice of Request for Scheduling Conference; [Proposed] Order Setting Scheduling Conference

The Scheduling Conference must be requested for a date before the applicable 60-day or 90-day deadline.

and requests that the Scheduling Conference be held before _____________ (insert the applicable 60 or 90 day deadline).

Page 18 | Notice of Request for Scheduling Conference; [Proposed] Order Setting Scheduling Conference

The joint report is due within 14 calendar days after the meeting of the parties.

A joint report of the parties outlining the parties’ discovery plan must be filed within 14 calendar days after the meeting of the parties.

Page 24 | Proposed Order Setting Scheduling Conference

The scheduling conference statement is due no later than 7 calendar days before the scheduling conference.

Each party shall file a scheduling conference statement in accordance with RCCH 12(a)(7) no later than 7 calendar days before the scheduling conference.

Page 24 | Proposed Order Setting Scheduling Conference

The parties must file a joint report within 14 days after their meeting.

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.

Page 34 | Meeting of the Parties, Discovery Planning, and Joint Report

The Scheduling Conference Statement must be filed and served no later than seven days before the Scheduling Conference unless the court orders otherwise.

Must be filed and served no later than 7 days before the Scheduling Conference unless otherwise ordered by the court. RCCH 12(a)(7).

Page 43 | Scheduling Conference Statement

A party claiming that a JEFS or JIMS technical failure caused an untimely filing or other prejudice may seek appropriate court relief.

JEFS Users or other parties who claim a filing is untimely or that they have been otherwise prejudiced by a technical failure of JEFS or JIMS may seek appropriate relief from the court.

Page 1 | Rule 10. Technical Failures

Electronic documents may be rejected for failing to meet the Administrative Director’s electronic-filing technical standards.

Electronic documents transmitted or submitted to the electronic filing system may be electronically rejected if the document does not meet the electronic filing technical standards established by the Administrative Director.

Page 1 | Rule 8.1. Document Form

The filing clerk will date and time stamp the documents and electronically file the originals.

Your documents will be date and time stamped by the filing clerk, who will electronically file your original documents.

Page 21 | Setting a Scheduling Conference with the Court

In civil actions, pleadings and papers must be served electronically by JEFS users or conventionally by non-JEFS users.

In all civil actions, pleadings and papers shall be served either electronically, as provided by Rule 6 of the Hawai‘i Electronic Filing and Service Rules, for JEFS Users, or conventionally, as provided in the Hawai‘i Rules of Civil Procedure, for non-JEFS Users.

Opposition papers must be served and filed at least eight days before the hearing, and the movant’s reply at least three days before the hearing, subject to stated exceptions.

An opposing party may serve and file counter affidavits and a memorandum in opposition to the motion, which shall be served and filed not less than 8 days before the date set for the hearing, except as otherwise provided by the Hawai‘i Rules of Civil Procedure or ordered by the Court. The movant may file and serve a reply not less than 3 days before the date set for the hearing.

A motion must be filed and served on all parties at least 18 days before the hearing date.

The motion shall be filed and served on all parties not less than 18 days before the date set for the hearing.

The filing party must conventionally serve the in camera review notice on non-JEFS or nonconsenting parties without providing a copy of the underlying document.

The filing party shall conventionally serve the Notice of Electronic Filing of a document for in camera review to parties who are not JEFS Users or who have not consented to receive electronic service, but a copy of the document shall not be provided with the Notice.

Page 1 | Rule 6.4. Sealed Documents; Documents Submitted for In Camera Review

The Notice of Electronic Filing for an in camera document must be provided electronically to eligible recipients, but the in camera document may not be attached or linked to the notice.

The Notice of Electronic Filing of documents for in camera review shall be provided to JEFS Users and those who have consented to receive electronic service, but the document submitted for in camera review shall not be attached or linked to the Notice.

Page 1 | Rule 6.4. Sealed Documents; Documents Submitted for In Camera Review

The automatically generated Notice of Electronic Filing proves service on JEFS Users and parties who consented to electronic service.

The Notice of Electronic Filing automatically generated by JEFS is sufficient to show service on all JEFS Users and parties who have consented to receive service by electronic means.

Page 1 | Rule 6.3. Service of Electronically Filed Documents

A filing party must conventionally serve electronically filed documents on non-JEFS or nonconsenting parties and file a certificate of conventional service.

A filing party shall provide conventional service of electronically filed documents that are required to be served to parties who are not JEFS Users or who have not consented to electronic service. The filing party shall file a certificate of conventional service.

Page 1 | Rule 6.2(a). By the filing party

Sealed documents must be served under the electronic or conventional service procedures in Rules 6.1 and 6.2.

Sealed documents shall be served in accordance with Rule 6.1 or 6.2 of these rules.

Page 1 | Rule 6.4. Sealed Documents; Documents Submitted for In Camera Review

The clerk must conventionally serve court-prepared orders, decrees, and judgments on non-JEFS or nonconsenting parties and record service on the docket or in a certificate.

The clerk shall provide conventional service of any order, decree, or judgment prepared by the court to parties who are not JEFS Users or who have 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.

Page 1 | Rule 6.2(b)(1). By the clerk

A non-JEFS party may consent to electronic service by submitting a signed consent statement and providing an active email address.

Parties who are not JEFS Users may consent to electronic service by submitting a signed statement consenting to electronic service and providing an active email address.

Page 1 | Rule 6.1. Service of Documents by Electronic Means

A summons may be signed, sealed, and issued electronically but may not be served electronically.

The clerk may sign, affix the court’s seal, and issue a summons electronically, but a summons may not be served electronically.

Page 1 | Rule 7.4. Summons

The automatically generated Notice of Electronic Filing constitutes service on JEFS Users.

The Notice of Electronic Filing automatically generated by JEFS and JIMS constitutes service of the electronically filed document to JEFS Users.

Page 1 | Rule 6.1. Service of Documents by Electronic Means

The listed orders, pleadings, discovery papers, motions, notices, briefs, and similar papers must be served on all parties, subject to the stated default-party and numerous-defendant exceptions.

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.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 5(a)

Unless service is made under the Hawaiʻi Electronic Filing and Service Rules, documents must be served by one of the conventional methods specified in Rule 5.

Unless served in accordance with Rule 6 of the Hawaiʻi Electronic Filing and Service Rules, documents shall be served as follows:

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 5(b)

Two days are added to a prescribed post-service period when the notice or paper was served 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 the party and the notice or paper is served upon the party by mail, 2 days shall be added to the prescribed period.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 6(e)

A supporting affidavit must be served with the motion, and opposing affidavits must be served at least eight days before the hearing unless the court permits another time.

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.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 6(d)

An appellant must serve certified copies of the record designation and transmission order on the agency and all parties and file a certificate of service.

The appellant shall serve certified copies of 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.

Page 1 | IX. APPEALS — Rule 72(d)(1)

The person serving process must promptly file proof of service no later than the served person's response deadline.

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.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 4(g)

Service by mail is complete when mailed, while JEFS or JIMS service is complete upon electronic transmission of the Notice of Electronic Filing.

Service by mail or through JEFS or JIMS is complete upon mailing or electronic transmission of the Notice of Electronic Filing, respectively.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 5(b)(3)

The plaintiff must promptly serve the scheduling-conference order on served but nonappearing parties and on unrepresented parties who are neither JEFS users nor consenting to electronic service.

Plaintiff shall 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.

Page 1 | APPENDIX OF FORMS — Form 34, paragraph 6

Documents filed with the court must be served on all parties before or contemporaneously with filing, electronically through JEFS or conventionally for non-JEFS users, except where Rule 5(a) permits otherwise.

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.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 5(d)

A non-ex parte written motion and its hearing notice must be served at least 18 days before the hearing unless another period applies.

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.

Page 1 | II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS — Rule 6(d)

Within the earlier of 14 days after any defendant is served with the complaint or appears, the plaintiff must file a notice requesting a Scheduling Conference; the court must set the date, and the plaintiff must promptly serve the setting notice or order on specified parties.

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.

Page 1 | III. PLEADINGS AND MOTIONS — Rule 16(b)(4), effective January 1, 2022

Electronic filing of a judgment or order constitutes notice of entry for registered JEFS users.

The electronic filing of the judgment or order shall serve as notice of entry of the judgment or order for registered JEFS Users.

Page 1 | X. CIRCUIT COURTS AND CLERKS — Rule 77(d)

A party authorized to appear remotely must notify every other party at least 48 hours before the hearing or conference.

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.

Page 1 | III. PLEADINGS AND MOTIONS — Rule 16.2(c)(1)

The Rule 15 motion must be served on every appearing party on the filing date.

The motion shall be served on all appearing parties on the date the motion is filed.

Page 1 | Rule 15(a)(5)

The plaintiff must serve the Order Setting Scheduling Conference on all parties.

The plaintiff is responsible for serving the Order Setting Scheduling Conference on all parties as required by HRCP 16(b)(4) and RCCH 12(a)(4).

Page 6 | Setting a Scheduling Conference with the Court

Unless the judge orders otherwise, the plaintiff’s settlement offer must precede the defendant’s offer.

Unless otherwise ordered by the judge, plaintiff’s offer must be made before defendant’s offer.

Page 12 | Mandatory Settlement Conferences

When no final pretrial conference is scheduled, the parties must serve their pretrial statements no later than fourteen days before trial.

If no final pretrial conference is scheduled, then parties must file and serve their pretrial statements no later than 14 days before trial.

Page 12 | Pretrial Statements

Civil parties must exchange written, bona fide, and reasonable settlement offers before the settlement conference.

Parties will be required to exchange written bona fide and reasonable settlement offers prior to the settlement conference.

Page 12 | Mandatory Settlement Conferences

Plaintiffs must promptly serve the scheduling order on previously served but nonappearing parties and on unrepresented parties who are neither JEFS users nor consenting to electronic service.

Plaintiff(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.

Page 24 | Proposed Order Setting Scheduling Conference

You must complete and file this document to prove service of the filed Order Setting Scheduling Conference under HRCP 16(b)(4) and RCCH 12(a)(4).

You must complete and file this document as proof that you served a copy of the filed Order Setting Scheduling Conference as required by HRCP 16(b)(4) and RCCH 12(a)(4).

Page 26 | INSTRUCTIONS

A mailing address must be included for every party served by U.S. mail.

If you serve a party by U.S. mail, you must include their mailing address.

Page 27 | New Forms

The certificate must identify each served party, the manner of service, and the service date.

Print or type the name of the party or parties served with the Order Setting Scheduling Conference, how they were served, and the date of service.

Page 27 | New Forms

The certificate of service must certify service of a true and correct file-marked scheduling-conference order on all complaint-served parties through JEFS or U.S. mail and state the service date.

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:

Page 28 | New Forms

The Scheduling Conference Statement must be served no later than seven days before the Scheduling Conference unless the court orders otherwise.

Must be filed and served no later than 7 days before the Scheduling Conference unless otherwise ordered by the court. RCCH 12(a)(7).

Page 43 | Scheduling Conference Statement

Proof of service may be electronic for JEFS cases or may use the stated conventional alternatives, subject to governing law and court rules.

Proof of service may either be provided electronically, for cases filed through JEFS, or may be by written acknowledgment of service, by affidavit of the person making service, or by any other proof satisfactory to the court, unless otherwise provided by law or by the Hawai‘i Rules of Civil Procedure.

Conventionally filed documents requiring service must be accompanied by enough copies for service.

For conventionally filed documents, the original shall be accompanied with a sufficient number of copies for service.

A party conventionally serving requests for admissions or interrogatories must serve two copies on the responding party.

If conventionally served, a party seeking admissions or answers to interrogatories shall serve 2 copies of the request for admissions or interrogatories upon the party from whom the admissions or answers are sought.

Discovery requests and responses must generally be served on all parties, subject to the stated production-request exception.

A discovery request shall be served on all parties. The discovery response shall also be served on all parties, except as provided in (D) of this Rule.

A self-represented filer must bring at least three extra copies for possible service by U.S. mail and keep a copy for their records.

Bring at least 3 extra copies of your documents in case you have to serve any parties by U.S. mail. Make sure to keep a copy for your records.

Page 21 | Setting a Scheduling Conference with the Court

Service through JEFS should be indicated for an appearing party that is represented by counsel or is a JEFS user.

If a party appeared before the Order was entered and is represented by an attorney or is a JEFS User, then you should indicate the service was via JEFS.

Page 27 | New Forms

A self-represented filer should bring extra copies if service on other parties must be made by U.S. mail.

Bring extra copies of your document in case you have to serve any parties by U.S. Mail.

Page 42 | Self-represented parties

Documents and notices filed or given under the Hawaiʻi Electronic Filing and Service Rules satisfy corresponding filing, mailing, notice, and service requirements.

(c) Effect of Hawaiʻi Electronic Filing and Service Rules. Documents filed and notices given in accordance with the Hawaiʻi 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.

Page 1 | Rule 1. SCOPE OF RULES; INTERPRETATION AND ENFORCEMENT; EFFECT OF ELECTRONIC FILING; AUTOMATION — Rule 1(c)

A self-represented party who is not a registered JEFS user will receive the scheduling conference order by mail.

If you are a self-represented party and are not a registered JEFS User in your case, a copy of the Order Setting Scheduling Conference will be mailed to you.

Page 22 | Setting a Scheduling Conference with the Court

Litigants should bring extra document copies for serving parties by U.S. mail.

Bring extra copies of your document in case you have to serve any parties by U.S. Mail.

Page 33 | Meeting of the Parties, Discovery Planning, and Joint Report

When mail service is likely to prejudice the opposing party, use personal delivery or electronic service, including email or facsimile transmission.

Serves papers by personal delivery or by electronic means (including email or facsimile transmission) when it is likely that service by mail, even when allowed, will prejudice the opposing party.

Page 1 | Section 3. SERVICE OF PAPERS

The court may waive costs and fees when good cause is shown.

The court may waive costs and fees for good cause shown.

A motion to set aside dismissal under the specified rules costs $30.

Filing of motion to set aside dismissal pursuant to Rules 12(q), 28, and 29 of these rules:

Transferring an action from district court to circuit court costs $125 in addition to district court fees.

Transfer of an action to circuit court from district court, in addition to district court fees:

The clerk must collect statutory costs and fees and the additional amounts specified in Rule 2.2.

The clerk shall collect costs and fees provided by Chapter 607 of the Hawai‘i Revised Statutes except that the clerk shall collect the amounts specified herein as follows:

A requestor must pay reasonable charges for distributing bulk, discrete, or compiled electronic information, including programming, linking, transmission, maintenance, and other attributable costs.

The Administrative Director shall require a requestor to pay reasonable charges to distribute bulk, discrete, or compiled information. A reasonable charge includes charges for programming the computers, linking systems, transmitting the data, and maintenance of the systems providing the data, as well as other costs attributable to the provision of the data in question to the requestor.

Page 1 | Rule 10.17(e). Fees for Bulk, Discrete, or Compiled Information

Court-record inspection, copying, and transmission fees are generally charged, but the first JEFS-certified copy after filing is free for the party or properly retained attorney, the court may waive fees when justice requires, and unpaid fees generally must be paid before records are released.

Fees for inspecting, copying, and transmitting copies of court records shall be charged in accordance with the provisions of Rule 2.2 of the Rules of the Circuit Courts, Rule 2.2 of the Rules of the District Courts, and Rule 45 of the Hawaiʻi Rules of Appellate Procedure, although no fee shall be charged to a party, or an attorney properly on the case, for the first certified copy of a document requested through the JEFS system subsequent to the filing of that document. A court may also waive costs and fees for copies of its record when justice so requires. Unless a waiver is granted or an exemption applies, no records or copies of records shall be released until full payment of fees for the current request, and any previous unpaid fees, are received.

Page 1 | Rule 10.11. Inspection and Copying Fees; Court Records

ADLRO paper copies usually cost 15 cents per page for self-service, or 15 cents per page plus a $2 handling fee when the clerk makes the copies; other fees may apply.

The fee for paper copies of documents from an ADLRO record is usually 15¢ per page for self service; 15¢ per page plus a $2 handling fee if the clerk makes the copies. Other fees may apply.

Page 1 | HCRR Form 3

Fees for inspecting, copying, and transmitting ADLRO records are governed by the Judiciary’s Schedule of Administrative Fees.

Fees for inspecting, copying, and transmitting copies of ADLRO records shall be in accordance with the Judiciary’s Schedule of Administrative Fees.

Page 1 | Rule 10.12. Inspection and Copying Fees; ADLRO Records

Fees for electronic access, downloading, bulk distribution, and compilation of electronic information are determined by the Administrative Director.

Fees for electronic access, for electronic downloading, bulk distribution, or compilation of electronic information shall be determined by the Administrative Director.

Page 1 | Rule 10.13. Fees for Electronic Records

Paper copies from a court record cost $1.00 for the first page and 50 cents for each additional page.

The fee for paper copies of documents from a court record is: $1.00 for the first page of each document, plus 50¢ for each additional page.

Page 1 | HCRR Form 3

A party filing motion-related papers must deliver two file-stamped courtesy copies to the assigned judge’s chambers expeditiously, with attached exhibits appropriately tabbed.

A party filing a motion, response to a motion, or other document pertaining to a motion, shall deliver 2 file-stamped courtesy copies of the motion, response, or document to the chambers of the assigned judge in an expeditious manner. All exhibits attached to the motion, response, or other document shall be appropriately tabbed.

Documents submitted for in camera review must remain electronically secured and accessible only to the court, appellate courts, and court staff until a court orders otherwise.

Documents submitted for in camera review shall be maintained in JIMS under electronic security and made accessible to only the court, the appellate courts, and court staff until a court of competent jurisdiction orders otherwise.

Page 1 | Rule 8.2. In Camera Documents

Confidential-case documents and documents submitted under seal or sealed by court order must remain electronically secured and accessible only to specified participants until a court orders otherwise.

Documents in confidential cases and documents submitted under seal or sealed by court order shall be maintained in JIMS under electronic security and made accessible to only the parties, the court, the appellate courts, and court staff until a court of competent jurisdiction orders otherwise.

Page 1 | Rule 8.1. Confidential Cases; Sealed Documents

A transcript prepared from a confidential proceeding must be filed under seal.

If the transcript is from a confidential proceeding, it shall be filed under seal.

Page 1 | Rule 15(g)(5)

When the fly sheet and confidential form are submitted electronically, the fly sheet is the lead document and the form must be designated confidential with sealed and supporting-document options selected.

If the flysheet and form are submitted by means of the authorized electronic filing process, the flysheet shall be filed as the lead document; the form shall be designated confidential and the “sealed” and “supporting document” options shall be selected before uploading.

Page 1 | Rule 9.4. Authorized Electronic Filing

Unless exempt under the Hawaiʻi circuit-court rules, the court must consult attorneys and self-represented parties at a scheduling conference and issue a scheduling order.

Except in cases exempted by the Rules of the Circuit Courts of the State of Hawaiʻi, the court must issue a scheduling order after consulting with the parties’ attorneys and any self-represented parties at a scheduling conference.

Page 1 | III. PLEADINGS AND MOTIONS — Rule 16(b)(1), effective January 1, 2022

Settlement conferences are mandatory in non-exempt civil cases and must be set by the judge at the scheduling conference.

Settlement conferences in non-exempt cases are mandatory under the new rules and must be set by the judge at the court’s scheduling conference.

Page 12 | Mandatory Settlement Conferences

A continuance of an assigned trial date requires good cause and the client party’s consent, whether or not counsel stipulates.

A motion for continuance of any assigned trial date, whether or not stipulated to by respective counsel, shall be granted only upon a showing of good cause, which shall include a showing that the client-party has consented to the continuance.

A trial continuance motion must state the assigned trial date and any previously assigned trial dates on the first page of its notice of motion.

If a date has been assigned for trial of an action, a motion for continuance of the trial shall include on the first page of the notice of motion the trial date assigned and any previously assigned trial dates.

A stipulated hearing reschedule must state the reason and be presented to the assigned judge at least 48 hours before the hearing.

The stipulation shall state the reason for rescheduling the hearing and shall be presented for approval to the judge assigned the case at least 48 hours before the scheduled hearing.

When some defendants remain unserved before the scheduling conference, a plaintiff may request postponement but must explain the diligent efforts made to serve those defendants, and the request may be denied without a proper showing.

If your case has more than one defendant and the plaintiff has not served all defendants with the complaint before the scheduling conference, the plaintiff may request to postpone the scheduling conference to allow more time for service upon the remaining defendants. The plaintiff must explain to the court the diligent efforts made to effect service upon the other defendants. If a proper showing is not made, the request to postpone the conference may be denied.

Page 6 | Setting a Scheduling Conference with the Court

Remote appearances are presumptively prohibited for trials, evidentiary hearings, contested matters, dispositive motions, and settlement conferences, subject to statutory or court exceptions.

Unless otherwise directed by the court, telephonic or videoconferencing appearance shall not be permitted for any of the following:

Page 1 | III. PLEADINGS AND MOTIONS — Rule 16.2(b)