Rule 94.3.Pre-Trial Conference, Pre-Trial Disclosure and Marking Exhibits.

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

In one sentenceRule 94.3 sets what must be disclosed and exchanged before trial, and bars an unexchanged exhibit absent reasonable ground for the failure.

Full Text of Rule 94.3

Text sizeJump to: (a) (b)

(a) (a) Disclosures and exhibits. When a pre-trial conference is held, except as and to the extent otherwise ordered by the court:

(1) (1) Each party shall disclose the theory of the party’s case, including the basic facts that the party intends to prove and the names and addresses of all witnesses that the party intends to call.

(2) (2) Each party shall submit to the other party by the exchange date listed in the pre-trial order an Exhibit List and all exhibits which are in the party’s possession or under the party’s control which the party intends to offer in evidence at the trial.

(3) (3) Unless so disclosed and exchanged, no exhibits required to be disclosed and exchanged by paragraph (2) of this Rule shall be received in evidence at the trial over objection unless the court finds that there was reasonable ground for failing to disclose and exchange such exhibits prior to trial.

(4) (4) All exhibits required to be disclosed by paragraph (2) of this Rule, and any other exhibits as may be requested by counsel presenting the same, shall be marked for identification and submitted to the court no later than at calendar call unless another deadline is listed in any pre-trial order.

(5) (5) Each party shall provide any other documents or disclose any other information that the court deems necessary for trial. Any such documents or information shall be provided in accordance with the terms ordered by the court.

(b) (b) Effect of Pre-Trial Order. The pre-trial order shall supersede the pleadings where there is any conflict; and shall supplement the pleadings in all other respects.

End

Amendment History

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

Plain-English Summary

Where a pre-trial conference is held, and except as the court orders otherwise, each party discloses the theory of its case, the basic facts it intends to prove, and the names and addresses of all witnesses it intends to call.

Exhibits are exchanged by the date the pre-trial order sets: an exhibit list and all exhibits in the party possession or control that it intends to offer in evidence. The sanction for skipping that step is the one to remember. An exhibit that was required to be disclosed and exchanged and was not shall not be received in evidence over objection, unless the court finds there was reasonable ground for the failure.

All exhibits required to be disclosed, plus any others counsel is presenting, are marked for identification and submitted to the court no later than calendar call, unless the pre-trial order sets a different deadline. The court may also require any other documents or information it deems necessary for trial.

Subdivision (b) settles the relationship between the pre-trial order and the pleadings: the order supersedes them where there is a conflict, and supplements them in all other respects.

Frequently Asked Questions

What must be disclosed before a Hawaii family court trial?

The theory of the case, the basic facts the party intends to prove, and the names and addresses of all witnesses it intends to call.

What happens if I do not exchange an exhibit?

It shall not be received in evidence over objection, unless the court finds there was reasonable ground for failing to disclose and exchange it before trial.

When must exhibits be marked?

No later than calendar call, unless another deadline is listed in the pre-trial order.

Does the pre-trial order override the pleadings?

Yes where there is a conflict, and it supplements them in all other respects.

Who sets the exchange date?

The pre-trial order. Rule 94(c) lets the court set exhibit, exhibit list and witness list deadlines at the Motion to Set conference.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 94.3). 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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