(a) To what proceedings not applicable. Except as expressly otherwise provided in this Rule 81 or another rule of court, these rules shall not apply to the following proceedings (pursuant to specific provisions of the Hawaii Revised Statutes when cited below) in any circuit court:
(1) Probate proceedings under chapter 560; (2) Guardianship proceedings under chapter 551; (3) Ex parte proceedings with respect to the accounts of trustees and guardians under chapter 554; (4) Proceedings in the family court; (5) Applications to a circuit court under chapter 658A, relating to arbitration, and proceedings thereon prior to judgment; (6) Habeas corpus proceedings under chapter 660; (7) Proceedings seeking a writ directed to a court of inferior jurisdiction under section 603-21.7(b); (8) Proceedings for the forfeiture of bonds under section 709-51, as the same may be renumbered; (9) Proceedings under section 416-81 relating to the calling of a meeting of a corporation. (b) Other proceedings. These rules shall apply to the following proceedings except insofar as and to the extent that they are inconsistent with specific statutes of the State or rules of court relating to such proceedings:
(1) Proceedings in the land court under chapter 501;(2) Eminent domain proceedings;(3) Actions for partition or to quiet title;(4) Quo warranto proceedings;(5) Escheat proceedings under chapter 665;(6) Proceedings for the forfeiture of property for violation of a statute;(7) Proceedings under section 325-79 to 325-84 relating to isolation of tubercular persons; proceedings under chapter 333 or chapter 334 relating to commitment, admission, transfer, release, or discharge of any person who is or may be mentally retarded, mentally defective, mentally ill, habituated to the excessive use of drugs or alcohol, or intoxicated; and proceedings under any statute for the commitment, release, or discharge of a person who is or may be not responsible under the criminal laws, or unfit to proceed thereunder, on account of a disease, disorder, or defect; (8) Actions for the collection of taxes;(9) Proceedings for enforcement of an order, subpoena, or other power of an administrative agency; (10) Proceedings concerning voter registration or elections; (11) Proceedings for the impeachment of a county officer; (12) Proceedings under: section 92-6, relating to public records; chapter 172, relating to foreclosure of liens for commutation and for expenses of determination of boundaries; chapters 89 and 380, relating to collective bargaining and labor disputes; sections 383-34(d), 383-35, 39279(d), and 392-80, with respect to reconsideration of a determination upon a claim for unemployment benefits or temporary disability benefits; sections 403-192 and 406-51 to 52, relating to banks and trust companies; sections 467-16 to 467-25, relating to collection of a judgment from the real estate recovery fund; section 480-22(a), relating to consent judgments under chapter 480; sections 515-10(e) and 515-14(c), relating to discriminatory practices; part II of chapter 664, relating to fences; and part III of chapter 664, relating to rights of private way and water rights. (c) Jury trial in probate proceedings. These rules shall apply to any jury trial in probate proceedings under chapter 560. The demand for jury trial shall be made by motion within the time allowed by the statute. (d) Jury trial in land court proceedings. These rules shall apply to any jury trial in a circuit court upon appeal from a decision of the land court under chapter 501, subject to the provisions of the third paragraph of section 501-61 with respect to the framing of issues and evidence and related matters in connection with such appeals. (e) Other appeals to circuit court. These rules shall apply to any proceedings in a circuit court pursuant to appeal to the circuit court from a governmental official or body (other than a court), except as otherwise provided in Rule 72. (f) Appeals. Rule 4(a) of the Hawai’i Rules of Appellate Procedure, shall apply to appeals (1) from a circuit court in proceedings listed in subdivision (a) of this Rule 81, other than appeals from a family court, and (2) from the land court. (g) Depositions and discovery. Chapter V of these rules, relating to depositions and discovery, shall apply to proceedings listed in subdivision (a) of this Rule 81 and proceedings in the land court, except that in any such proceeding:
(1) the court may by order direct that said Chapter V shall not be applicable to the proceeding if the court for good cause finds that the application thereof would not be feasible or would work an injustice; and (2) if the proceeding be ex parte any deposition therein upon oral examination or upon written interrogatories shall be pursuant to motion and order of court, rather than pursuant to notice as set forth in subdivision (a) of Rule 30 or subdivision (a) of Rule 31, and in any such case the order of court shall, for all purposes relating to said Chapter V, take the place of said notice. (h) Order of court. In any proceeding in the land court or listed in subdivision (a) of Rule 81 the court may by order direct that any one or more of these rules, not otherwise applicable to said proceeding pursuant to this Rule 81, shall be applicable to said proceeding. (i) Applicability in general. Except as otherwise provided in Rule 72 or in this Rule 81, these rules shall apply to all actions and proceedings of a civil nature in any circuit court and to all appeals to the supreme court and the intermediate court of appeals in all actions and proceedings of a civil nature in any circuit court; and for that purpose every action or proceeding of a civil nature in the circuit court shall be a “civil action” within the meaning of Rule 2. (j) References to incompetent person. Under any rule in which reference is made to an incompetent person the term “incompetent person” includes any person, other than an infant, for whom a guardian may be appointed pursuant to statute.
