Rule 31 Proceedings Not Governed by Hawai‘i Rules of Civil Procedure

Some civil cases in Hawaiʻi courts don't fall under the regular Hawaiʻi Rules of Civil Procedure. When that happens, this rule fills in the gap and explains how those cases should be handled.

If your case falls into this category, it must start with a petition instead of a regular complaint. Someone has to swear to the petition under oath, confirming the information is true to the best of their knowledge. The petition and any related court orders must be delivered to the other side using the same delivery rules as normal civil cases.

Once the other side receives the petition, they need to respond by the deadline the court sets. If their response raises a factual dispute, that response also has to be made under oath. Finally, the judge has the power to decide that certain regular civil procedure rules should apply to the case anyway, even though it started outside that system. This gives the court flexibility to borrow useful rules when needed.