Rule 94.1.Settlement Conference; Settlement Conference Statement; Confidential Settlement Conference Letter.

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

In one sentenceRule 94.1 governs settlement conferences and the confidential letter to the settlement judge, which is never filed, never served, and destroyed at judgment.

Full Text of Rule 94.1

Text sizeJump to: (a) (b) (c)

(a) (a) Settlement conference. A settlement conference may be ordered by the court at any time before trial. Any party may also file a request for a settlement conference at any time prior to trial. A settlement conference shall be subject to the following guidelines:

(1) (1) Each party to the action shall attend the settlement conference unless excused by the court;

(2) (2) For each party represented by an attorney, that attorney shall attend the settlement conference and shall be familiar with all aspects of the case prior to the settlement conference;

(3) (3) Each party and their attorneys, if any, shall have thoroughly evaluated the case;

(4) (4) The judge conducting the settlement conference may, at the conclusion of said conference, continue said conference to another time and date, and from time to time thereafter for continued settlement negotiations if the judge has reason to believe a settlement can thereby be effectuated;

(b) (b) Confidential settlement conference letter. In its discretion, the court may require each party to deliver directly to the settlement conference judge a confidential settlement conference letter, which shall not be filed or served upon the other parties.

The confidential settlement conference letter shall not be made a part of the record and confidential information contained in the letter shall not be disclosed to the other parties without express authority from the party submitting the letter. The court shall destroy the confidential settlement conference letter no later than the entry of the final judgment in the case.

The confidential settlement conference letter shall include a description of the major issues in dispute, a forthright evaluation of each party’s likelihood of prevailing on their positions, counsel’s good faith evaluation of the case, and any other information requested by the court.

(c) (c) Sanctions. If a party (whether represented by an attorney or not) or an attorney fail to appear at any settlement conference set by the court, or unjustifiably fails to comply with any requirements enunciated in this Rule, sanctions may be imposed pursuant to Rules 37(b) and 89 of these Rules. Such sanctions may include:

(1) (1) Ordering a party to pay the opposing party’s reasonable expenses and attorneys’ fees;

(2) (2) Ordering a change in the trial date of the action;

(3) (3) Imposing any other sanction as may be appropriate.

End

Amendment History

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

Plain-English Summary

A settlement conference may be ordered by the court at any time before trial, and any party may request one. Four guidelines follow: each party attends unless excused, each represented party attorney attends and must be familiar with all aspects of the case beforehand, each party and attorney must have thoroughly evaluated the case, and the judge may continue the conference from time to time where a settlement looks reachable.

The confidential settlement conference letter is the distinctive part. The court may require each party to deliver one directly to the settlement conference judge. It is not filed and not served on the other parties.

Its protections are explicit. It does not become part of the record, and confidential information in it is not disclosed to the other parties without express authority from the party who submitted it. The court destroys it no later than entry of the final judgment.

What goes in it is equally explicit: a description of the major issues in dispute, a forthright evaluation of each party likelihood of prevailing, counsel good faith evaluation of the case, and anything else the court asks for. Failing to appear or comply may draw sanctions under Rules 37(b) and 89, including the opposing party reasonable expenses and attorney fees, a change in the trial date, or any other appropriate sanction.

Frequently Asked Questions

Who must attend a Hawaii settlement conference?

Each party unless excused by the court, and for a represented party, that attorney, who must be familiar with all aspects of the case beforehand.

What is a confidential settlement conference letter?

A letter delivered directly to the settlement conference judge, not filed and not served on the other parties, which the court may require.

Is the letter part of the record?

No. It is not made part of the record, and confidential information in it is not disclosed to the other parties without the submitting party express authority.

What happens to the letter afterwards?

The court destroys it no later than entry of the final judgment in the case.

What are the sanctions for not appearing?

Sanctions under Rules 37(b) and 89, which may include paying the opposing party reasonable expenses and attorney fees, a change in the trial date, or any other appropriate sanction.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 94.1). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: settlement conference hawaii family courtconfidential settlement letter hawaiisettlement conference statement hawaiihawaii family court rule 94.1