Rule 5.1.Service of Judgments, Decrees, or Orders by Attorneys.

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

In one sentenceRule 5.1 gives the attorney who prepared a judgment, decree or order two days to mail or deliver a copy to an unrepresented opposing party who is not on the electronic system.

Full Text of Rule 5.1

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In addition to the requirements of Rule 5(c) of these Rules, within 2 days after a judgment, decree, or order prepared by an attorney is filed in any case, the preparing attorney shall mail or deliver a copy of the judgment, decree, or order (and a copy of any agreement of the parties referred to therein) to the other party at the other party’s last known address if the other party is not represented by an attorney and is not a JEFS User. Proof of mailing or delivery of the copy of the judgment, decree, or order within the 2-day period to the party shall be made by filing a certificate of service consistent with Rule 5(e) of these Rules. Failure to comply with this Rule may be considered as grounds for relief from a final judgment, decree, or order under Rule 60(b)(3) or 60(b)(6) of these Rules. The Notice of Electronic Filing automatically generated by JEFS is sufficient to show service of the order, decree, or judgment on all JEFS Users. A judgment, decree, or order prepared by the court shall be served on parties who are not JEFS Users in accordance with Rule 6.2(b) of the Hawaiʻi Electronic Filing and Service Rules.

End

Amendment History

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

Plain-English Summary

This duty sits on top of ordinary service under Rule 5(c), and it falls on one person: the attorney who prepared the document. Within 2 days after a judgment, decree or order is filed, that attorney must mail or deliver a copy to the other party at the last known address, together with a copy of any agreement of the parties referred to in it. The duty is owed only where the other party has no attorney and is not a JEFS user.

Proof is required. A certificate of service consistent with Rule 5(e) must be filed showing the mailing or delivery happened within the 2 days. For parties who are on the system, the Notice of Electronic Filing that JEFS generates does the job by itself, and where the court prepared the document, service on non-users follows the electronic filing rules rather than this one.

The sanction is the reason to take the deadline seriously. Failure to comply may be considered grounds for relief from the judgment, decree or order under Rule 60(b)(3) or 60(b)(6). A missed certificate can reopen a decided case.

Frequently Asked Questions

Who must send a copy of a Hawaii family court decree to the other side?

The attorney who prepared it, where the other party is unrepresented and is not a JEFS user.

How long does the preparing attorney have?

Two days after the judgment, decree or order is filed.

What happens if the copy is not sent?

The failure may be considered grounds for relief from the judgment, decree or order under Rule 60(b)(3) or 60(b)(6).

Does anything else have to go with the copy?

Yes, a copy of any agreement of the parties referred to in the judgment, decree or order.

How is compliance proved?

By filing a certificate of service consistent with Rule 5(e) showing mailing or delivery within the 2-day period.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 5.1). 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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