Rule 25 – Substitution of Parties

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Death.(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the...

Rule 24 – Intervention

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Intervention of right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the...

Rule 23.1 – Derivative Actions by Shareholders

by | May 11, 2021 | Civil Procedure, Hawaii

In a derivative action brought by one or more shareholders or members to enforce a right of a corporation or of an unincorporated association, the corporation or association having failed to enforce a right which may properly be asserted by it, the complaint shall be...

Rule 23 – Class Actions

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Prerequisites to a class action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the...

Rule 22 – Interpleader

by | May 11, 2021 | Civil Procedure, Hawaii

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the...