(a) Circuit courts always open. The circuit courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules. Documents filed through JEFS or JIMS are deemed filed with the clerk of court.(b) Trials and hearings; orders in chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the circuit; but no hearing, other than one ex parte, shall be conducted outside the circuit without the consent of all parties affected thereby.(c) Clerk’s office and orders by clerk. The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays and legal holidays. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable by the clerk; but the clerk’s action may be suspended or altered or rescinded by the court upon cause shown. (d) Notice of orders or judgments. Immediately upon entry of a judgment, or an order for which notice of entry is required by these Rules, the clerk shall conventionally serve a notice of the entry by mail in the manner provided for in Rule 5 of these Rules upon each unrepresented party who is not in default for failure to appear and who is not a JEFS User or who has not consented to electronic service. The clerk shall note the service by a text-only entry on the docket or by filing a certificate of conventional service. Such mailing is sufficient notice for all purposes for which notice of the entry of a judgment or order is required by these Rules. In addition, immediately upon entry, the party presenting the judgment or order shall serve a copy thereof in the manner provided in Rule 5 of these Rules. Lack of notice of the entry by the clerk or failure to make such service, does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4(a) of the Hawai’i Rules of Appellate Procedure. The court may impose appropriate sanctions against any party for failure to give notice in accordance with this Rule. The electronic filing of the judgment or order shall serve as notice of entry of the judgment or order for registered JEFS Users.(e) Reserved.
Haw. R. Civ. P. 77
Amended, May 15, 1972, effective July 1, 1972; further amended April 23, 1985, effective April 23, 1985; further amended November 23, 1994, effective December 15, 1994; further amended effective July 1, 1998; further amended December 7, 1999, effective January 1, 2000; further amended June 15, 2005, effective July 1, 2005; amended October 4, 2019, effective October 28, 2019; amended October 31, 2019, effective October 28, 2019.
