Rule 71.Process in Behalf of and Against Persons Not Parties.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 71
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
Two clauses, running opposite ways. Where an order is made in favour of a person who is not a party to the action, that person may enforce obedience by the same process as if they were a party.
And where obedience to an order may lawfully be enforced against a non-party, that person is liable to the same process as if they were a party.
The rule matters in family court because orders frequently reach beyond the parties: a grandparent granted visitation, a child for whose benefit support is ordered, an employer directed to assign income. None of them is a party, and without this rule none of them could use or be reached by the court process.
Frequently Asked Questions
Can a non-party enforce a Hawaii family court order?
Yes. Where an order is made in favour of a person who is not a party, that person may enforce obedience by the same process as if they were a party.
Can an order be enforced against someone who is not a party?
Yes, where obedience may lawfully be enforced against them. They are liable to the same process as a party.
Who does this rule typically cover?
People an order reaches without making them parties, such as a relative granted visitation or a person directed to act under an income assignment.
Does it create new rights?
No. It supplies the process where an order already runs in favour of or against a non-party.
How is a support order enforced?
Under Rule 69, by an order of assignment of income or other methods permitted by statute.