Honolulu First Circuit Court Service and Proof of Service Rules

Applies to

Pleading

Service

Electronic service to all parties

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.

Deadline

18 calendar days

Applies to

Motion

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.

Deadline

8 calendar days

Applies to

Opposition

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.

Service

Electronic service to all parties

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.

Service

Electronic service to all parties

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.

Applies to

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.

Applies to

Order decree judgment

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.

Service

Electronic service to all parties

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.

Applies to

Sealed documents

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.

Applies to

In camera document

Service

Electronic service

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.

Applies to

Notice of electronic filing

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.

Applies to

Summons

Service

Electronic service

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.

Applies to

Proof of service

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.

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.

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:

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.

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.

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.

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.

Service

Mail

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.

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.

Deadline

48 hours

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.

Applies to

Designation of record and transmission order

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.

Service

Electronic service

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.

Applies to

Scheduling conference order

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.

Applies to

Non hearing motion to utilize private court reporter

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.

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).

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.

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.

Deadline

14 calendar days

Applies to

Pretrial statement

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.

Applies to

Scheduling conference order

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.

Applies to

Certificate of service

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).

Applies to

Certificate of service

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.

Applies to

Certificate of service

Service

Mail

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.

Applies to

Certificate of service

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:

Applies to

Scheduling conference statement

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).

Service

Mail

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.

Applies to

Discovery request

Service

Mail to opposing party

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.

Applies to

Discovery request

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.

Applies to

Case filing

Service

Electronic service

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.

Service

Mail

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.

Applies to

Certificate of service

Service

Electronic service

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.

Service

Mail

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.

Service

Electronic service

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.

Applies to

Order setting scheduling conference

Service

Mail

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.

Service

Mail

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.

Applies to

Papers

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.