Rule 108.Contested Hearing; Motion to Set.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 108
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Once an answer is filed, either the petitioners or the respondent nonconsenting parent may at any time move to set the matter for trial. There is no waiting period.
Both sides must attend on the return date of the motion. The rule then deals with what happens when only one does: the party who appeared must notify the other of the setting, by letter, with a copy for the court file.
That notice requirement is the point of the rule. A trial date set in the absence of one side is not left to chance; the party who was there carries the duty to tell the party who was not, and the copy in the file is the proof. A contested adoption is not subject to the 9-month deadline that Rule 94 imposes on matrimonial actions.
Frequently Asked Questions
How is a contested Hawaii adoption set for trial?
Either the petitioners or the respondent nonconsenting parent may file a motion to set at any time after an answer is filed.
Who has to attend the motion to set?
Both sides shall attend on the return date of the motion.
What if only one side appears?
The appearing party must notify the other side of the setting by letter, with a copy for the court file.
Is there a deadline to move to set?
The rule allows the motion at any time after an answer is filed. The 9-month deadline in Rule 94 applies to matrimonial actions, not adoptions.
What happens if no answer is filed?
Rule 107 lets the court proceed with the hearing without further notice to a served respondent who fails to answer or otherwise defend.