(a) Family courts always open. The family 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. (b) Deleted. (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. Any order to show cause, summons, subpoena, application for issuing final process to enforce or execute judgments, or notice issued by the court in connection with any case or cause, may be signed by a clerk of the court. The clerk shall grant, sign, and enter the following orders without further direction by the court, but any orders so entered may be set aside or modified by the court:
(1) ORDERS EXTENDING TIME. Orders extending once for 20 days the time within which to file an answer to a complaint if the time originally prescribed to answer or move has not expired. (2) ORDERS GRANTING EXTENSION. Orders extending once for 15 days the time within which to object to or answer interrogatories to a party or object or respond to a request for production of documents if the time to answer such interrogatories or respond to a request for production of documents has not expired and such extension would not violate a prior court order. (d) “Court” and “family court” defined. As used in these rules the words “court” and “family court” shall mean the family court, the district family court, or a judge of the family court, or of the district family court. (e) “Judge” defined. As used in these rules the word “judge” shall mean a judge of the family court or the district family court. (f) Reserved. (g) Costs awarded by the court. In addition to any other costs allowed by statute or rule, the court may award to a prevailing plaintiff, cross-claimant, or third-party plaintiff the actual cost of service of process, whether service is made by a public or private process server, provided the amount shall not exceed the statutory amount(s) allowed for service of process by sheriffs or police officers.
Haw. Fam. Ct. R. 77
Amended July 1, 1982, effective July 1, 1982; amended November 23, 1994, effective December 15, 1994; further amended October 11, 1999, effective January 1, 2000; further amended April 25, 2003, and corrected May 12, 2003, effective July 1, 2003; further amended June 15, 2005, effective July 1, 2005; further amended November 20, 2014, effective January 1, 2015.
