Rule 3.Commencement of Action.

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

In one sentenceRule 3 starts a case with a complaint, a petition or a registration of an out-of-state order, and defines complaint, plaintiff and defendant broadly enough to cover every family court filing.

Full Text of Rule 3

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A civil action is commenced by filing with the court a complaint, petition, or registration of an out-of-state order, judgment, or decree under HRS Chapter 576B or HRS Chapter 583A. As used in these Rules, “complaint” includes any initial pleading required by statute such as petitions, but does not include registrations filed under HRS Chapter 576B or HRS Chapter 583A. For cases filed under HRS Chapter 576B or HRS Chapter 583A, the registration of the out-of-state order, judgment, or decree shall constitute the initial pleading. As used in these Rules, “plaintiff” includes any party initiating a civil action including but not limited to cross-plaintiff(s), petitioner(s), cross-petitioner(s), etc. As used in these Rules, “defendant” includes any party who is responding to a civil action, including but not limited to cross-defendant(s), respondent(s), cross-respondent(s), etc.

End

Amendment History

(Amended March 30, 2022, effective April 25, 2022.)

Plain-English Summary

A civil action is commenced by filing with the court a complaint, a petition, or a registration of an out-of-state order, judgment or decree under the interstate family support chapter or the interstate custody chapter. Filing is the act that starts the case; service comes later under Rule 4.

Then come three definitions that keep the rest of the rules readable. Complaint includes any initial pleading required by statute, such as a petition, but does not include a registration of an out-of-state order. In a registration case the registration itself is the initial pleading. Plaintiff includes any party starting a civil action, and the rule lists cross-plaintiffs, petitioners and cross-petitioners as examples. Defendant covers anyone responding, including cross-defendants, respondents and cross-respondents.

The practical point is that a rule written about a plaintiff and a complaint applies to a petitioner and a petition without anyone having to argue about it. The one place to read carefully is registration: a registered out-of-state order is the initial pleading but is not a complaint, so a rule keyed to a complaint may not reach it.

Frequently Asked Questions

How does a family court case begin in Hawaii?

By filing a complaint, a petition, or a registration of an out-of-state order, judgment or decree under chapter 576B or chapter 583A.

Does petitioner mean plaintiff in these rules?

Yes. Plaintiff includes any party initiating a civil action, naming petitioners and cross-petitioners among the examples.

Is a registration of an out-of-state order a complaint?

No. It is the initial pleading in that case, but the rule excludes registrations from the definition of complaint.

Who is a defendant under these rules?

Any party responding to a civil action, including cross-defendants, respondents and cross-respondents.

What happens after the complaint is filed?

The clerk issues a summons under Rule 4 and it is served personally with the complaint.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 3). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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