Rule 68.Offer of Settlement.

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

In one sentenceRule 68 lets a party serve an offer to allow judgment more than 20 days before a contested hearing, on all or some of the issues.

Full Text of Rule 68

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At any time more than 20 days before any contested hearing held pursuant to HRS sections 571-11 to 14 (excluding law violations, criminal matters, and child protection matters) is scheduled to begin, any party may serve upon the adverse party an offer to allow a judgment to be entered to the effect specified in the offer. Such offer may be made as to all or some of the issues, such as custody and visitation. Such offer shall not be filed with the court, unless it is accepted. If within 10 days after service of the offer the adverse party serves written notice that the offer is accepted, any party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the court shall treat those issues as uncontested. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible, except in a proceeding to determine costs and attorney’s fees. If the judgment in its entirety finally obtained by the offeree is patently not more favorable than the offer, the offeree must pay the costs, including reasonable attorney’s fees incurred after the making of the offer, unless the court shall specifically determine that such would be inequitable.

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 offer of settlement here is shaped for family court. At any time more than 20 days before a contested hearing under the statutory provisions the rule names is scheduled to begin, a party may serve on the adverse party an offer to allow a judgment to be entered to the effect specified in the offer.

Three categories are excluded from the rule reach: law violations, criminal matters, and child protection matters. Those are not the kind of proceeding an offer of judgment belongs in.

What makes the rule practical is that an offer may be made as to all or only some of the issues, such as custody, and need not resolve the whole case. Narrowing a contested hearing to the issues that remain in dispute is the point.

Frequently Asked Questions

When can I make an offer of settlement in Hawaii family court?

At any time more than 20 days before the contested hearing is scheduled to begin.

Can I settle only part of the case?

Yes. The offer may be made as to all or some of the issues.

Which cases are excluded?

Law violations, criminal matters, and child protection matters.

How is the offer made?

By serving it on the adverse party, offering to allow a judgment to be entered to the effect specified in the offer.

Is there another route to settlement?

Yes. Rule 53.1 lets the court order a nonbinding alternative dispute resolution process, and Rule 16 allows a conference on settlement.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 68). 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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