Rule 122.Reception of Complaint.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 122
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
Complaints are processed in accordance with the statutory provision the rule names. That is the ordinary route, handled by court staff.
The rest of the rule is about what happens when staff say no. If the court staff refuses, after a demand by the complainant, to recommend the filing of a petition, the complainant must be informed of the reasons for the refusal.
The complainant must also be advised of a further step: they may submit the complaint in writing to a judge of the court, who may order the filing of a petition. A staff decision is not the end of the matter, and the complainant has to be told so.
Frequently Asked Questions
What happens to a juvenile complaint in Hawaii?
It is processed in accordance with the statutory provision the rule names.
What if court staff refuse to file a petition?
After a demand by the complainant, staff must inform them of the reasons for the refusal and advise them of the right to go to a judge.
Can I appeal a refusal?
Yes. The complainant may submit the complaint in writing to a judge of the court, who may order the filing of a petition.
Does the complaint have to be written?
Rule 121(b)(2) defines a complaint as an oral or written report to the court. A submission to a judge after a staff refusal must be in writing.
What comes after the complaint?
Rule 123 sets out the intake procedure where the alleged facts are legally sufficient and serious enough to warrant investigation.