Rule 1.Scope of Rules; Construction, Application, and Interpretation of Rules; Effect of Electronic Filing; Automation.
Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 1 applies these rules to every civil matter in the family courts, tells judges to read them for speed and fairness, and settles what happens when they collide with the electronic filing rules.
(a)(a) Scope. These Rules govern the procedures in the family courts of the State in all suits of a civil nature with the exceptions stated in Rule 81 of these Rules.
(b)(b) Construction and application. These Rules shall be construed and applied in such manner as will advance the fair, equitable, speedy and inexpensive determination of every action.
(c)(c) Interpretation of Rules. These Rules shall be read and construed with reference to each other, the Hawaiʻi Electronic Filing and Service Rules, and the Hawaiʻi Court Records Rules. To the extent that there is any conflict between these Rules, the Hawaiʻi Electronic Filing and Service Rules, and the Hawaiʻi Court Records Rules, the Hawaiʻi Electronic Filing and Service Rules shall prevail. To the extent that there is any conflict between Rule 7.2 of these Rules and Rule 9 of the Hawaiʻi Court Records Rules, Rule 7.2 of these Rules shall prevail.
(d)(d) Effect of Hawaiʻi Electronic Filing and Service Rules. Documents filed and notices given in accordance with the Hawaiʻi Electronic Filing and Service Rules shall be deemed to comply with the filing, mailing, certified mailing, notice and service requirements of these Rules, except when personal service is required by these Rules or by court order.
(e)(e) Effect of automation on processes and procedures. Duties set out in these Rules may be performed by automation.
(f)(f) Definitions. In addition to any definitions stated in these Rules or applicable statutes, see Rule 1 of the Hawaiʻi Electronic Filing and Service Rules for definitions.
End
Amendment History
(Amended March 30, 2022, effective April 25, 2022.)
Plain-English Summary
Six short subdivisions carry more weight than their length suggests. The scope clause reaches every suit of a civil nature in the family courts, with the exceptions gathered in Rule 81. The construction clause tells the court to apply the rules so as to advance a fair, equitable, speedy and inexpensive decision in every action, which is the standard a judge reaches for when a rule could be read two ways.
Subdivision (c) is the one to remember. Three bodies of rules govern a family court file at once: these rules, the Hawaii Electronic Filing and Service Rules, and the Hawaii Court Records Rules. They are to be read together, and where they conflict the electronic filing rules win. One exception runs the other way. Where Rule 7.2 here conflicts with Rule 9 of the Court Records Rules, Rule 7.2 prevails, so sealing on filing stays under the family court rule.
The rest is plumbing with consequences. Filing and notice done through the electronic system count as compliance with the filing, mailing, certified mailing and service requirements here, except where personal service is required by a rule or an order. Duties set out in the rules may be performed by automation. And the definitions a reader needs are partly somewhere else, in Rule 1 of the Electronic Filing and Service Rules.
Frequently Asked Questions
Which cases do the Hawaii Family Court Rules govern?
Every suit of a civil nature in the family courts of the State, subject to the exceptions listed in Rule 81.
What happens when these rules conflict with the electronic filing rules?
The Hawaii Electronic Filing and Service Rules prevail, with one exception: where Rule 7.2 here conflicts with Rule 9 of the Hawaii Court Records Rules, Rule 7.2 prevails.
Does filing through the electronic system satisfy the service requirements in these rules?
Yes. Documents filed and notices given under the Electronic Filing and Service Rules are deemed to comply with the filing, mailing, certified mailing, notice and service requirements here, unless a rule or a court order requires personal service.
How should a judge resolve an ambiguous rule?
Subdivision (b) supplies the standard: construe and apply the rules in the way that advances a fair, equitable, speedy and inexpensive determination of the action.
Where are the terms used in these rules defined?
Individual rules and the applicable statutes define some. For the rest, subdivision (f) points to Rule 1 of the Hawaii Electronic Filing and Service Rules.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 1). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
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