Rule 138.Summons.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 138
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
One sentence, and it is a guarantee rather than a permission. The parties shall be entitled to the issuance of compulsory process for the attendance of witnesses.
The entitlement runs two ways: witnesses on the party own behalf, or on behalf of the child. A parent or custodian may compel a witness whose evidence helps the child even where it does not help them.
Rule 45 in Part A supplies the mechanics of a subpoena, including who issues it, how it is served, and contempt for disobedience. Rule 139 then deals with the separate question of a summons endorsed to take the child into custody.
Frequently Asked Questions
Can I subpoena witnesses in a Hawaii juvenile case?
Yes. The parties are entitled to the issuance of compulsory process for the attendance of witnesses.
Can a parent compel a witness for the child?
Yes. The entitlement covers witnesses on the party behalf or on behalf of the child.
How is a subpoena issued?
Rule 45 governs issuance, service, place of attendance, and contempt for failure to obey.
Is a child witness treated differently?
Rule 45.1 requires prior court approval before any child is summoned as a witness, and lets the court set the form and manner of the testimony.
What is an endorsed summons?
Rule 139 lets the court order, by endorsement on the summons, that the person serving it take the child into custody where the child welfare requires it.