Rule 2.Civil Action.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 2
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 does a lot of work. Wherever the rest of this set says civil action, the phrase reaches any case over which the family courts have exclusive original jurisdiction. A guardianship, a protective order proceeding, an adoption and a divorce are all civil actions here, whatever they might be called elsewhere.
One category is carved out. A case against an adult charged with a criminal offense is not a civil action for the purpose of these rules, which is why the FFC prefix in Rule 1.3 sits apart from everything around it.
The definition is procedural, not jurisdictional. It does not give the family court power over anything; it tells the reader how to apply a rule written in general terms to a proceeding that does not look like an ordinary lawsuit.
Frequently Asked Questions
What counts as a civil action in Hawaii family court?
Any case over which the family courts have exclusive original jurisdiction, except a case against an adult charged with a criminal offense.
Is a guardianship a civil action under these rules?
Yes. If the family court has exclusive original jurisdiction over it and it is not an adult criminal prosecution, the rules treat it as a civil action.
Does Rule 2 give the family court jurisdiction?
No. It defines a term used across the rules. Jurisdiction comes from statute.
Why are adult criminal prosecutions excluded?
They are criminal matters, and the procedural rules written for civil practice do not fit them. Rule 1.3 gives them their own case prefix, FFC.
How does a civil action begin?
Rule 3 answers that: by filing a complaint, a petition, or a registration of an out-of-state order under the interstate support or custody chapters.