Rule 14.Third-Party Practice.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 14
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
Third-party practice in family court is narrower than in ordinary civil litigation, and the rule says so in its first line. A party may bring in a third party only where the third party property rights may be affected, or where the third party has or may have an interest in the custody or visitation of a minor child of a party. Those are the only two gateways.
The procedure is a motion, not a filing as of right. The party seeking to bring in a third-party defendant files a motion for leave to file a third-party complaint, with an affidavit or declaration and notice under Rule 10.
Once served, the third-party defendant makes defences under Rule 12 in the usual way, and may assert a claim of its own against the plaintiff or the defendant arising out of the transaction or occurrence that is the subject matter of the complaint. Subdivision (b) is reserved.
Frequently Asked Questions
When can a third party be brought into a Hawaii family court case?
Only where the third party property rights may be affected, or where the third party has or may have an interest in the custody or visitation of a minor child of a party.
Do I need permission to file a third-party complaint?
Yes. A motion for leave is required, with an affidavit or declaration and notice under Rule 10.
How does a third-party defendant respond?
By making defences to the third-party complaint as provided in Rule 12.
Can a third-party defendant sue back?
Yes, against the plaintiff or defendant, on a claim arising out of the transaction or occurrence that is the subject matter of the complaint.
Can a grandparent be brought in under this rule?
Only through one of the two gateways: an effect on property rights, or an interest in custody or visitation of a minor child of a party.