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Rule 58 – Preparation and Signing of Judgments and Other Orders

May 11, 2021 | Family Law, Hawaii

(a) Preparation of judgments and other orders. Within 10 days, or within such time directed by the court, after entry or announcement of the decision of the court, the party identified by the court shall prepare a judgment, decree, or order in accordance with the decision and attempt to secure thereon the approval of the opposing counsel or party (if pro se) as to form.
(b) Party approval or objection to form; delivery to Court. If there is no objection to the form of the proposed judgment, decree or order, the opposing counsel or party (if pro se) shall promptly approve as to form. If a proposed judgment, decree or order is not approved as to form by the parties within 5 days after a written request for approval, the drafting party shall file and serve the proposed order along with notice of service on all parties and serve a copy thereof upon each party who has appeared in the action. If any party objects to the form of a proposed judgment, decree or order, that party shall within 5 days after service of the proposed judgment, decree or order, file and serve upon each party who has appeared in the action and deliver to the court:

(1) a statement of objections and the reasons therefor; and
(2) the form of the objecting party’s proposed judgment, decree or order.

In such event, the court may schedule a Rule 58 conference or shall proceed to settle the judgment, decree or order. Either party may request a Rule 58 conference. Failure to file and serve objections and a proposed judgment, decree, or order within the time frame required shall constitute approval as to form of the drafting party’s proposed judgment, decree or order.

(c) Court approval; sanctions. If a proposed judgment, decree or order is consistent with the decision of the court, the court shall cause the judgment, decree or order to be entered forthwith. If a proposed judgment, decree or order is not consistent with the decision of the court, the court may require submission of a conforming judgment, decree or order. The court may impose a monetary sanction against a party who submits a defective or untimely judgment, decree or order.
(d) Request for entry. If the drafting party fails to timely submit a proposed judgment, decree or order to the court, any other party may present a proposed judgment, decree or order to the Court for approval and entry.
(e) No waiver of right to appeal. Approval as to form shall not affect the right, or constitute waiver of the right, of any party to appeal from any judgment, decree or order issued.
(f) Documents submitted for court’s signature pursuant to formal hearing. All documents submitted for the court’s signature that are pursuant to formal hearing, shall reflect the exact hearing date or dates and the name of the hearing judge under the case number and character of the document and shall comply with Hawai’i Family Court Rule 7.1(c).
(g) Preparation of stipulated order when provisions on record. If a party or parties are present in court, with or without an attorney, and state for the record that the parties stipulate to the entry of orders, the stipulation shall be reduced to writing by the attorney or party designated by the court, within 10 days, and shall be approved by all parties and their attorneys, if any, unless such a requirement is waived by the court. If a party who was present in court fails or refuses to approve the stipulation and order within 5 days after receipt, the court may approve the stipulation and order without approval of either the party or the party’s attorney, if any, provided that the provisions are consistent with the provisions stipulated to in court, and provided that the attorney or party preparing the stipulation and order informs the court in writing that either the party or the party’s attorney, if any, refused or failed to approve the stipulation and order within the 5-day period.

Haw. Fam. Ct. R. 58

Amended July 1, 1982, effective July 1, 1982; amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.