Rule 16.Conferences with the Court; Formulating Issues.

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

In one sentenceRule 16 lets the court call the attorneys in for a conference on settlement and issues, and makes the resulting order control the rest of the case.

Full Text of Rule 16

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In any action, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

(1) (1) The settlement of the case;

(2) (2) The simplification of the issues;

(3) (3) The necessity or desirability of amendments to the pleadings;

(4) (4) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(5) (5) The limitation of the number of expert witnesses;

(6) (6) The advisability of a preliminary reference of issues to a master for findings to be used as evidence;

(7) (7) Such other matters as may aid in the disposition of the action.

The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish a pre-trial calendar on which actions may be placed for consideration as above provided.

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

The court may direct the attorneys to appear for a conference, and the rule lists seven things it may take up: settlement, simplification of the issues, the need for amendments to the pleadings, admissions of fact and of documents that would avoid unnecessary proof, limiting the number of expert witnesses, referring issues to a master for findings to be used as evidence, and anything else that may aid disposition.

What follows the conference carries the weight. The court makes an order reciting the action taken, the amendments allowed and the agreements reached, and limiting the issues for trial to those not disposed of by admission or agreement. That order controls the subsequent course of the action unless it is modified at trial to prevent manifest injustice.

The court may also establish a pre-trial calendar and place actions on it for consideration. The conference is discretionary throughout, which distinguishes it from the mandatory pre-trial machinery in Rule 94.3 for contested matrimonial trials.

Frequently Asked Questions

What can a Hawaii family court conference cover?

Settlement, simplification of issues, amendments to the pleadings, admissions of fact and documents, limiting expert witnesses, reference of issues to a master, and any other matter aiding disposition.

Is a pre-trial conference required?

Not under Rule 16, which leaves it to the court discretion. Rule 94.3 sets separate requirements for contested matrimonial trials.

Does the conference order bind the parties?

Yes. It controls the subsequent course of the action unless modified at trial to prevent manifest injustice.

Can the court limit expert witnesses at a conference?

Yes, limitation of the number of expert witnesses is one of the listed subjects.

Who attends the conference?

The rule directs the attorneys for the parties to appear before the court.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 16). 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: pretrial conference hawaii family courthawaii family court settlement conferencehawaii family court rule 16pretrial order hawaii family court