Rule 81.Applicability.

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

In one sentenceRule 81 lists the sixteen kinds of proceeding these rules govern, sends juvenile cases to Part D and adult crime to the penal rules, and settles conflicts with the other rule sets.

Full Text of Rule 81

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

(a) (a) Generally. Part A of these Rules, together with the designated supplements, shall apply to the following proceedings in any family court:

(1) (1) Matrimonial actions under HRS chapter 580, supplemented by Part B of these Rules (Rules 90 to 101);

(2) (2) Adoption proceedings under HRS chapter 578, supplemented by Part C of these Rules (Rules 102 to 120);

(3) (3) Child Protective Act proceedings under HRS chapter 587A, except that the Hawaiʻi Electronic Filing and Service Rules shall not apply to Child Protective Act proceedings;

(4) (4) Uniform Interstate Family Support Act proceedings under HRS chapter 576B;

(5) (5) Uniform Parentage Act proceedings under HRS chapter 584;

(6) (6) Termination of Parental Rights proceedings under HRS chapter 571, part VI;

(7) (7) Involuntary hospitalization proceedings under HRS chapter 334;

(8) (8) Guardianship of Person of Minors and Incapacitated Persons under HRS chapter 560, article V;

(9) (9) Domestic Abuse Protective Order proceedings under HRS chapter 586;

(10) (10) Gun Violence Protective Order proceedings under HRS chapter 134, part IV;

(11) (11) Uniform Child Custody Jurisdiction Enforcement Act proceedings under HRS chapter 583A;

(12) (12) Dependent Adult Protective Services proceedings under HRS chapter 346, part X;

(13) (13) Name Changes under HRS chapter 574;

(14) (14) Appeals from the Administrative Process for Child Support Enforcement under HRS section 576E-13;

(15) (15) Assisted Community Treatment proceedings under HRS chapter 334 part VIII; and

(16) (16) Any other civil cases over which the family court has jurisdiction.

(b) (b) Juvenile cases. Proceedings under HRS sections 571-11(1) and 571-11(2) shall be governed by Part D of these Rules (Rules 121 to 158). The Hawaiʻi Electronic Filing and Service Rules shall not apply to juvenile cases.

(c) (c) Criminal cases. Cases for adults charged with the commission of a crime coming within the jurisdiction of the family courts shall be governed by the Hawaiʻi Rules of Penal Procedure.

(d) (d) Reserved.

(e) (e) Conflict. To the extent that there is any conflict between these Rules and the Hawaiʻi Electronic Filing and Services Rules, the Hawaiʻi Electronic Filing and Service Rules shall prevail. To the extent there is any conflict between these Rules and the Rules of the Circuit Courts, these Rules shall prevail.

(f) (f) Appeals. Rule 4 of the Hawaiʻi Rules of Appellate Procedure shall apply to appeals from a family court in proceedings listed in subdivision (a) of this Rule 81.

(g) (g) Depositions and discovery. Chapter V of Part A of these Rules, relating to depositions and discovery, shall apply to proceedings listed in subdivision (a) of this Rule 81 except that in any such proceedings:

(1) (1) the court may by order direct that said Chapter V shall not be applicable to the proceeding if the court for good cause finds that the application thereof would not be feasible or would work an injustice; and

(2) (2) if the proceedings be ex parte any deposition therein upon oral examination or upon written questions shall be pursuant to motion and order of court after entry of default pursuant to Rule 55 of these Rules, rather than pursuant to notice as set forth in subdivision (a) of Rule 30 or subdivision (a) of Rule 31 of these Rules, and in any such case the order of court shall, for all purposes relating to said Chapter V, take the place of said notice.

(h) (h) Reserved.

(i) (i) Applicability in general. These Rules shall apply to all actions and proceedings of a civil nature in any family court and to all appeals to the appellate courts in all actions and proceedings of a civil nature in any family court; and for that purpose every action or proceeding of a civil nature in the family court shall be a “civil action” within the meaning of Rule 2 of these Rules.

(j) (j) Reserved.

End

Amendment History

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

Plain-English Summary

This is the map of the whole ruleset. Part A applies to sixteen categories of family court proceeding, each supplemented where the rules say so: matrimonial actions supplemented by Part B, adoption by Part C, and then child protective proceedings, interstate family support, parentage, termination of parental rights, involuntary hospitalization, guardianship of minors and incapacitated persons, domestic abuse protective orders, gun violence protective orders, interstate custody enforcement, dependent adult protective services, name changes, appeals from the administrative child support process, assisted community treatment, and a catch-all for any other civil case within the family court jurisdiction.

Two categories go elsewhere. Juvenile proceedings under the two statutory paragraphs are governed by Part D, Rules 121 to 158. Cases against adults charged with a crime are governed by the Hawaii Rules of Penal Procedure, not by these rules at all. The electronic filing rules do not apply to child protective proceedings or to juvenile cases, which matches the JIMS carve-out in Rule 1.2.

The conflict provision points in two directions. Against the Hawaii Electronic Filing and Services Rules, those rules prevail. Against the Rules of the Circuit Courts, these rules prevail.

Two more subdivisions do specific work. The appellate rule governing the time to appeal applies to appeals from a family court in the listed proceedings. And the discovery chapter applies to those proceedings, except that the court may switch it off for good cause where it would not be feasible or would work an injustice, and in an ex parte proceeding a deposition requires a motion and order after entry of default rather than a notice.

Frequently Asked Questions

Which proceedings do the Hawaii Family Court Rules cover?

Sixteen categories listed in Rule 81(a), from matrimonial actions and adoption through protective orders, guardianships and name changes, plus any other civil case within the family court jurisdiction.

Do these rules apply to juvenile cases?

Part D, Rules 121 to 158, governs proceedings under the two juvenile jurisdictional paragraphs. The electronic filing rules do not apply to them.

What governs an adult criminal case in family court?

The Hawaii Rules of Penal Procedure.

What happens if these rules conflict with the circuit court rules?

These rules prevail. Against the Hawaii Electronic Filing and Services Rules, those rules prevail.

Does discovery apply in every family court proceeding?

The discovery chapter applies to the listed proceedings, but the court may order that it not apply where it finds for good cause that application would not be feasible or would work an injustice.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 81). 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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