(a) Generally. Part A of these rules, together with the designated supplements, shall apply to the following proceedings in any family court:
(1) Matrimonial actions under HRS chapter 580, supplemented by Part B (Rules 90 to 101 ); (2) Adoption proceedings under HRS chapter 578, supplemented by Part C (Rules 102 to 120 ); (3) Child Protective Act proceedings under HRS chapter 587; (4) Uniform Interstate Family Support Act proceedings under HRS chapter 576B; (5) Uniform Parentage Act proceedings under HRS chapter 584; (6) Termination of Parental Rights proceedings under HRS chapter 571, part VI; (7) Involuntary hospitalization proceedings under HRS chapter 334; (8) Guardianship of Person of Minors and Incapacitated Persons under HRS chapter 560, article V; (9) Domestic Abuse Protective Order proceedings under HRS chapter 586; (10) Uniform Child Custody Jurisdiction Act proceedings under HRS chapter 583A; (11) Dependent Adult Protective Services proceedings under HRS chapter 346, part X; (12) Name Changes under HRS chapter 574; (13) Appeals from the Administrative Process for Child Support Enforcement under HRS section 576E-13; (14) Any other civil cases over which the family court has jurisdiction. (b) Juvenile cases. Proceedings under HRS sections 571-11(1) and 571-11(2) shall be governed by Part D (Rules 121 to 158 ). (c) Criminal cases. Cases for adults charged with the commission of a crime coming within the jurisdiction of the family courts shall be governed by the Hawai’i Rules of Penal Procedure. (d) Reserved. (e) Conflict. To the extent that there is any conflict between these rules and the Hawai’i Rules of Civil Procedure, or the Rules of the Circuit Courts, these rules shall prevail. (f) Appeals. Rule 4 of the Hawai’i Rules of Appellate Procedure shall apply to appeals from a family court in proceedings listed in subdivision (a) of this Rule 81. (g) Depositions and discovery. Chapter V of Part A of these rules, relating to depositions and discovery, shall apply to proceedings listed in subdivision (a) of this Rule 81 except that in any such proceedings:
(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 proceedings be ex parte any deposition therein upon oral examination or upon written questions shall be pursuant to motion and order of court after entry of default pursuant to Rule 55 of these rules, rather than pursuant to notice as set forth in subdivision (a) of Rule 30 or subdivision (a) of Rule 31 of these rules, 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) Reserved. (i) Applicability in general. These Rules shall apply to all actions and proceedings of a civil nature in any family court and to all appeals to the appellate courts in all actions and proceedings of a civil nature in any family court; and for that purpose every action or proceeding of a civil nature in the family court shall be a “civil action” within the meaning of Rule 2 of these rules. (j) Reserved.
Haw. Fam. Ct. R. 81
Amended July 1, 1982, effective July 1, 1982; further amended April 23, 1985, effective April 23, 1985; further amended October 11, 1999, effective January 1, 2000; further amended May 30, 2006, effective July 1, 2006; further amended November 20, 2014, effective January 1, 2015.
