The circuit courts shall provide by rule for the placing of actions upon the trial calendar (1) without request of the parties or (2) upon request of a party and notice to the other parties or (3) in such other manner as the courts deem expedient. Precedence shall be given to actions entitled thereto by statute.
Rule 40.Assignment of Cases for Trial.
Last verified July 3, 2026
In one sentenceRule 40 requires the circuit courts to adopt their own local rules for scheduling cases onto the trial calendar.
Full Text of Rule 40
Plain-English Summary
Rather than dictate a single statewide method, Rule 40 leaves it to each circuit court to decide by local rule how cases reach the trial calendar, whether automatically, on a party's request with notice to the others, or through some other procedure the court finds expedient.
The one substantive requirement is that actions entitled to precedence by statute must get it, whatever scheduling method a circuit court adopts.
Frequently Asked Questions
Who decides how cases get scheduled for trial?
Each circuit court, through its own local rules; Rule 40 doesn't prescribe a single statewide method.
Do any cases get priority on the trial calendar?
Yes. Rule 40 requires that actions given precedence by statute receive it, regardless of the scheduling method a circuit court otherwise uses.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 40). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: trial calendarassignment of cases for trialtrial scheduling