Rule 140.Order of Proceedings.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 140 requires the court to explain the child rights before any testimony, and treats a refusal to admit as a denial.

Full Text of Rule 140

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Before taking testimony, the court shall explain to the child and the child’s parents their rights as set forth in Rules 154 and 155 of these Rules.

The court may then inquire of the child in a case brought under HRS section 571-11(1) or (2) whether the child admits or denies all or some of the allegations in the petition. Failure or refusal of the child to admit the allegations shall be deemed a denial of them.

If any or all of the allegations of the petition admitted by the child are sufficient to give the court jurisdiction, the court may take testimony to corroborate the admission or otherwise to establish the allegations of the petition. If any of the allegations of the petition required to be established to give the court jurisdiction are denied by the child, the court may proceed to hear such evidence as is presented in support of such allegations and of the prayer of the petition. The court may order that any allegations denied by the child and which are not supported by adequate proof or not required to be heard be stricken from the petition. If the court is satisfied after consideration of all of the facts and circumstances presented that the prayer of the petition should be granted, it may then proceed with the adjudication.

End

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

Before taking testimony, the court shall explain to the child and the child parents their rights as set out in Rules 154 and 155, the right to remain silent and the right to counsel. That comes first, before anything is said on the record.

The court may then ask whether the child admits or denies all or some of the allegations. The next sentence does important work: failure or refusal of the child to admit the allegations shall be deemed a denial. Silence is not an admission, and a child who says nothing is treated as contesting everything.

Where admitted allegations are enough to give the court jurisdiction, the court may still take testimony to corroborate the admission or otherwise establish the petition. Where any allegation needed for jurisdiction is denied, the court proceeds as the rule provides. Rule 143 then sets the standard of proof: beyond a reasonable doubt in law violation cases, a preponderance otherwise.

Frequently Asked Questions

What happens at the start of a Hawaii adjudication hearing?

Before taking testimony the court explains to the child and the parents their rights under Rules 154 and 155.

What if the child says nothing?

Failure or refusal of the child to admit the allegations is deemed a denial of them.

Does an admission end the hearing?

Not necessarily. Where admitted allegations suffice for jurisdiction, the court may still take testimony to corroborate the admission or otherwise establish the petition.

Can a child admit only part of the petition?

Yes. The court may inquire whether the child admits or denies all or some of the allegations.

What is the standard of proof?

Rule 143 requires proof beyond a reasonable doubt of all material facts in law violation cases, and a preponderance of the evidence otherwise.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 140). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: juvenile adjudication hearing hawaiiadmitting or denying a petition hawaiihawaii family court rule 140