Rule 140 – Order of Proceedings

May 11, 2021 | Family Law, Hawaii

Before taking testimony, the court shall explain to the child and the child’s parents their rights as set forth in Rules 154 and 155 of these rules.

The court may then inquire of the child in a case brought under HRS section 571-11(1) or (2) whether the child admits or denies all or some of the allegations in the petition. Failure or refusal of the child to admit the allegations shall be deemed a denial of them.

If any or all of the allegations of the petition admitted by the child are sufficient to give the court jurisdiction, the court may take testimony to corroborate the admission or otherwise to establish the allegations of the petition. If any of the allegations of the petition required to be established to give the court jurisdiction are denied by the child, the court may proceed to hear such evidence as is presented in support of such allegations and of the prayer of the petition. The court may order that any allegations denied by the child and which are not supported by adequate proof or not required to be heard be stricken from the petition. If the court is satisfied after consideration of all of the facts and circumstances presented that the prayer of the petition should be granted, it may then proceed with the adjudication.

Haw. Fam. Ct. R. 140

Amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.