Rule 86.Withdrawal of Documents and Exhibits.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 86
Amendment History
(Amended March 30, 2022, effective April 25, 2022.)
Plain-English Summary
For pleadings and documents in paper records, the clerk may not let anything be taken from the clerk custody, except as these rules otherwise provide or as the court orders. The file stays where it belongs.
Exhibits are treated differently, because they are often originals someone needs back. They may be withdrawn on the oral or written approval of a judge, which is a lighter requirement than a court order.
Unless the court orders otherwise, the parties are required to withdraw all exhibits not attached to the pleadings, so the clerk is not left holding material indefinitely once a case ends. Rule 77.1 governs how exhibits get there in the first place, deposited with the clerk immediately on the conclusion of a proceeding with an acknowledged exhibit list filed in the file.
Frequently Asked Questions
Can I take a document out of a Hawaii family court file?
Not from the clerk custody, except as these rules otherwise provide or as the court orders.
How do I get an exhibit back?
Exhibits may be withdrawn on the oral or written approval of a judge.
Do I have to collect my exhibits?
Unless the court orders otherwise, the parties shall withdraw all exhibits not attached to the pleadings.
Who holds the exhibits during the case?
The clerk, under Rule 77.1, which requires deposit immediately on the conclusion of a proceeding with an acknowledged exhibit list filed in the file.
Does this apply to electronic records?
The rule addresses pleadings and documents in paper records.