Rule 77.Family Courts and Clerks.

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

In one sentenceRule 77 keeps the family courts always open, tells the clerk which orders may be signed without a judge, and requires the clerk to serve orders the court prepares.

Full Text of Rule 77

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) (a) Family courts always open. The family courts shall be deemed always open for the purpose of filing any pleading or other proper document, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and Rules.

(b) (b) Filing with the clerk of court. Documents filed through JEFS or JIMS shall be deemed filed with the clerk of the court.

(c) (c) Clerk’s office and orders by clerk. The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays and holidays. Any order to show cause, summons, subpoena, application for issuing final process to enforce or execute judgments, or notice issued by the court in connection with any case or cause, may be signed by a clerk of the court. The clerk shall grant, sign, and enter the following orders without further direction by the court, but any orders so entered may be set aside or modified by the court:

(1) (1) ORDERS EXTENDING TIME. Orders extending once for 20 days the time within which to file an answer to a complaint if the time originally prescribed to answer or move has not expired.

(2) (2) ORDERS GRANTING EXTENSION. Orders extending once for 15 days the time within which to object to or answer interrogatories to a party or object or respond to a request for production of documents if the time to answer such interrogatories or respond to a request for production of documents has not expired and such extension would not violate a prior court order.

Any orders submitted for the clerk’s signature shall be attached to a coversheet which includes “Proposed” in the title, although the attached order itself shall not include “Proposed” in its title. JEFS Users shall file the proposed order electronically and non-JEFS Users shall conventionally file the proposed order.

(d) (d) Service of orders, decrees, and judgments. Immediately upon the filing of an order, decree, or judgment prepared by the court, the clerk shall conventionally serve a copy of the order, decree, or judgment by mail in the manner provided for in Rule 5 of these Rules upon each self-represented party who is not in default for failure to appear and who is not a JEFS User. The clerk shall note the service by a text-only entry on the docket or by filing a certificate of conventional service. Failure to make such service does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4(a) of the Hawaiʻi Rules of Appellate Procedure. The Notice of Electronic Filing automatically generated by JEFS is sufficient to show service of the order, decree, or judgment on all JEFS Users. Orders prepared by attorneys shall be served in accordance with Rules 5(c) and 5.1 of these Rules.

(e) (e) “Court” and “family court” defined. As used in these Rules, the words “court” and “family court” shall mean the family court, the district family court, or a judge of the family court, or a judge of the district family court.

(f) (f) “Judge” defined. As used in these Rules, the word “judge” shall mean a judge of the family court or the district family court.

(g) (g) Costs awarded by the court. In addition to any other costs allowed by statute or rule, the court may award to a prevailing party the actual cost of service of process, whether service is made by a public or private process server, provided the amount shall not exceed the statutory amount(s) allowed for service of process by sheriffs or police officers.

End

Amendment History

(Amended March 30, 2022, effective April 25, 2022; further amended May 21, 2026, effective July 1, 2026.)

Plain-English Summary

The family courts are deemed always open for filing any pleading or proper document, issuing and returning process, and making interlocutory motions, orders and rules. Documents filed through the electronic systems count as filed with the clerk.

The clerk office, with the clerk or a deputy in attendance, is open during business hours on all days except Saturdays, Sundays and holidays. The clerk may sign an order to show cause, summons, subpoena, application for final process, or notice issued in connection with a case, and may sign two kinds of extension order: one 20-day extension of the time to answer a complaint, and one 15-day extension of the time to object or respond to interrogatories or a request for production, each only where the original period has not expired and no prior court order is violated. Any order submitted for the clerk signature goes on a coversheet titled Proposed, while the order itself does not carry that word.

Subdivision (d) puts a service duty on the clerk. Immediately on filing an order, decree or judgment that the court prepared, the clerk conventionally serves a copy by mail on each self-represented party who is not in default and is not on the electronic system. Rule 5.1 places the matching duty on a preparing attorney.

This is one of the two rules amended most recently, effective July 1, 2026, and it closes by defining court and family court for the whole ruleset.

Frequently Asked Questions

When is the Hawaii family court open for filing?

Always, for filing pleadings and proper documents, issuing and returning process, and making interlocutory motions and orders. The clerk office is open during business hours except Saturdays, Sundays and holidays.

Can the clerk grant an extension of time?

Yes, two kinds: one 20-day extension to answer a complaint, and one 15-day extension to object or respond to interrogatories or a production request, where the original period has not expired.

Who serves an order the court prepared?

The clerk, by mail, on each self-represented party who is not in default for failure to appear and who is not a JEFS user.

How is a proposed order submitted to the clerk?

Attached to a coversheet whose title includes "Proposed". The order itself must not include that word in its title.

Does filing electronically count as filing with the clerk?

Yes. Documents filed through JEFS or JIMS are deemed filed with the clerk of the court.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 77). 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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