Tips for Filing Civil Documents in Compliance With Recent Amendments to the Hawai'i Rules of Civil Procedure and Rules of the Circuit Court of the State of Hawai'i

• Publication year: 2012

Tips for Filing Civil Documents In Compliance with Recent Amendments to the Hawai'i Rules of Civil Procedure and Rules of the Circuit Court of the State of Hawai'i

By Derek R. Kobayashi and Kelly M. Camp

This article reviews the Hawai'i Supreme Court's recent amendments to the Hawai'i civil rules and updates the prior article by Derek R. Kobayashi on Tips for Motions in Hawaii State Courts, 14 HAW. BAR. J. 6 (April 2008).

Introduction

Every civil litigator desires to file documents in a manner compliant with the rules of court. Familiarity with the current rules is the first step to assure compliance.

In August 2011, the Hawai'i Supreme Court entered two orders amending and implementing certain Rules of the Circuit Courts of the State of Hawai'i ("RCCH") and Hawai'i Rules of Civil Procedure ("HRCP") effective January 1, 2012.¹ This article presents an overview of key aspects of these revisions and provides basic guidance for complying with these and other recently effective rules.

Rules of Construction

RCCH Rule 1.1 added a new rule of construction to make explicit that the Rules of the Circuit Courts, as already provided in Rule 1 of the Rules of Civil Procedure, "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action."²

Initiation of a Civil Action Copies of the Initial Complaint and Affirmative Pleadings

The nature of the lawsuit determines the number of copies of the initial complaint and affirmative pleadings required by the Hawai'i Circuit Courts. Newly enacted HRCP Rule 3.1(a) specifies that in "tort cases" the original and two copies of the initial complaint and any subsequent affirmative pleading shall be submitted to the court. In "non-tort cases" the original and one copy of the initial complaint and any subsequent affirmative pleading must be submitted.³

Civil Information Sheet and Additional Claims Information Sheet

The Civil Information Sheet has long been required to be submitted together with the filing of the initial complaint in Hawai'i Circuit Courts. This sheet is used by the Clerk of Court to initiate the civil docket sheet thereby establishing the civil action in the court records.

HRCP Rule 3.1(b) sets forth revised requirements for the submission of the Civil Information Sheet. This Rule requires that the initial complaint be accompanied by the original and two copies of the fully completed Civil Information Sheet.⁴

A revised form is provided as Form 2-A in the Appendix of Forms to the Rules of Civil Procedure. Section III, Nature of Suit, requires selection from among the listed categories of actions to permit data collection by the type of action. A new category of action entitled "Environment" has been added.⁵

Under HRCP Rule 3.1(c), an Additional Claims Information Sheet, likewise a longstanding requirement, must be submitted with any affirmative pleading such as a counterclaim, cross claim, or third party complaint. The Additional Claims Information Sheet form is also provided as Form 2-B in the appendix to the rules.⁶ The information provided on this sheet facilitates the assessment of the status of the parties and claims in the lawsuit, particularly so that at the conclusion it may be determined whether a final dismissal or judgment has been entered as to all parties and all claims.

Form for Publication of Summons

Revised HRCP Rule 4(e) provides for a basic form for publication of summons and states that "[t]he publication of summons pursuant to Hawai'i Revised Statutes § § 634-23, 634-26, and 634-36, shall not include the case caption and shall be in a form that substantially complies with Form 1-A of the Appendix of Forms." The form simplifies the presentation of essential contents of the summons such as the parties' names, case name, civil number, claims for relief, and return date hearing. Newspaper publication costs are usually based upon the length in column inches of the summons and use of a compliant form should minimize such costs.

Form of Pleadings And Motions

RCCH Rule 3(a)(8) requires specificity in the title of pleadings and documents filed in cases involving multiple plaintiffs or defendants which makes for a precise civil docket record. In such cases, the title to a responsive pleading or other document must set forth the name of the filing party and the title and filing date of the pleading or other document being addressed (e.g., Plaintiff Jane Roe's Memorandum in Opposition to Defendant John Doe's Motion for Summary Judgment, Filed January 1, 2012).⁷

Civil Motions Practice

The revised and new court rules fill a procedural void that had existed for litigators, particularly in the First Circuit Court where certain procedures for hearing motions and non hearing motions were a matter of court civil administrative orders, not court rules.⁸On June 9, 2010, former Hawai'i Supreme Court Chief Justice Ronald Moon issued an order finding in part that "it appears previously approved statewide court administrative orders or memoranda include requirements that are more appropriate for court rules than for administrative orders and memoranda. . .," ordering "that all previously approved statewide circuit, family and district court administrative orders or memoranda are hereby rescinded[,]" and directing the removal of those administrative orders and memoranda from the Judiciary's website.⁹ The new civil rules address motions procedures that were rescinded and further codify motions practice in Circuit Court actions governed by the Rules of Civil Procedure.

Non-Hearing Motions

The procedures for filing and determination of non-hearing motions are set forth in new RCCH Rule 7.2(c).¹⁰ This rule further provides that the court has the discretion to set any non hearing motion for hearing, sua sponte, or upon application by a party as set forth in the rule. The list of non-hearing motions is provided at RCCH Exhibit B. A non-hearing motion must be accompanied by a notice of motion that provides notice of the deadline for filing and service of a response.¹¹ Any opposition shall be filed and served no later than ten days after the service date indicated on the certificate of service or no later than 12 days after the service date if the non-hearing motion is served by mail.¹² Any reply must be filed and served no later than three days after service of the opposition or five days after service if the opposition is served by mail. No document shall be filed more than five days after service of the opposition, absent court order.¹³

Under RCCH Rule 7.2(d)(1) every non-hearing motion and any document submitted concerning the motion (e.g., memoranda in opposition and reply memoranda), must set forth below the title of the document, the following:

NON-HEARING MOTION
JUDGE:
TRIAL DATE:

If no trial date has been set, then state "None."¹⁴

RCCH Rule 7.2(g)(4) sets forth the procedure if a hearing is desired. The non-hearing motion must first be filed with the Legal Documents Branch/Section. An "application for oral hearing," with a statement of supporting reasons and the non-hearing motion attached as an exhibit, is to be presented to the judge assigned to the case. A proposed order granting the application, with appropriate space for the date and time of hearing, must accompany the application for oral hearing. If granted, the date and time are indicated on the order and the application and order are then filed with the Legal Documents Branch/Section.

Hearing Motions

Under new RCCH Rule 7.2(b), hearing motions are all written motions other than motions entitled to be heard ex parte or those motions listed as non-hearing motions at RCCH EXHIBIT B.¹⁵Discovery motions concerning a protective order, sequence of discovery under HRCP Rule 26(d), for a discovery conference under HRCP Rule 26(d), and concerning discovery cut-off are hearing motions.¹⁶ At the option of the movant, any other discovery motion may be filed as a hearing or non-hearing motion, except as otherwise ordered by the court.¹⁷

Under RCCH Rule 7.2(d)(1), every hearing motion and any document submitted concerning the motion (e.g., memoranda in opposition and reply memoranda), must set forth the following below the title of the document:

HEARING MOTION
HEARING DATE:
HEARING TIME:
JUDGE:
TRIAL DATE:

Again, if no trial date has been set, then the document must state "None."¹⁸This basic information readily distinguishes the hearing...