Rule 5.Service and Filing of Pleadings and Other Papers.

Last amended October 28, 2019 · Last verified July 3, 2026

In one sentenceRule 5 spells out which papers must be served on the other parties after the complaint, how service is made, and when and how those papers must be filed with the court.

Full Text of Rule 5

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Service: When required. Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, brief or memorandum of law, offer of judgment, bill of costs, designation of record on appeal, and similar paper shall be served upon each of the parties, but no service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4 of these Rules.

(b) Same: How made. Whenever under these Rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court. Unless served in accordance with Rule 6 of the Hawai‘i Electronic Filing and Service Rules, documents shall be served as follows:

(1) Service upon the attorney or upon a party shall be made (a) by delivering a copy to the attorney or party; or (b) by mailing it to the attorney or party at the attorney's or party's last known address; or (c) if no address is known, by leaving it with the clerk of the court.

(2) Delivery of a copy within this Rule means: handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

(3) Service by mail or through JEFS or JIMS is complete upon mailing or electronic transmission of the Notice of Electronic Filing, respectively.

(c) Same: Numerous defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(d) Filing. Except as provided in subdivision (f) of this Rule, if served conventionally upon a non-JEFS User, all papers after the complaint required to be served upon a party, together with a certificate of service, shall be filed with the court either before service or within a reasonable time after service. All documents filed with the court shall be previously or contemporaneously served on all parties to the action, either electronically through JEFS or, for non-JEFS Users, conventionally, except as permitted in subdivision (a) above.

(e) Filing with the court defined. The filing of pleadings and other papers with the court as required by these Rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. Any other rule to the contrary notwithstanding, the clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these Rules.

(f) Nonfiling of discovery materials. A deposition, interrogatory, request for discovery production or inspection, request for documents, request for admissions, and answers and responses thereto shall not be filed automatically with the court; provided that on a motion or at trial any such document shall be filed when offered in evidence or submitted as an exhibit. In addition the court may at any time, on ex parte request or sua sponte, order the filing of any discovery material.

End

Amendment History

Amended May 15, 1972, effective July 1, 1972

further amended March 16, 1984, partly effective March 16, 1984; fully effective May 1, 1984

further amended June 23, 1997 and July 2, 1997, effective August 1, 1997

further amended December 7, 1999, effective January 1, 2000

further amended October 31, 2019, effective nunc pro tunc October 28, 2019

Plain-English Summary

Rule 5 covers what must be served on the parties once a case is under way, and how. Nearly every paper filed after the original complaint — orders, later pleadings, discovery papers, written motions other than those heard ex parte, notices, briefs, and similar documents — must be served on each party, though pleadings against a party already in default need to be served only if they raise new or additional claims. Service on a party represented by an attorney generally goes to the attorney rather than the party directly, and the rule spells out what counts as valid delivery: handing over a copy, leaving it at an office with someone in charge, or leaving it at a home with a person of suitable age and discretion.

The rule also addresses filing. Papers required to be served on a party must generally be filed with the court, either before or within a reasonable time after service, and all documents must be served on every party at or around the time they are filed, whether through Hawaii's electronic filing system or conventionally. Discovery materials like depositions and interrogatories are the exception: they are not automatically filed with the court unless offered at trial, used on a motion, or the court orders them filed.

Frequently Asked Questions

Does Rule 5 require serving a party directly, even if that party has a lawyer?

No. Rule 5(b) requires service on the attorney rather than the party when a party is represented, unless the court orders service on the party.

Must discovery documents like depositions be filed with the court?

No, not automatically. Rule 5(f) keeps discovery materials out of the court file unless they are offered into evidence, submitted as an exhibit, or the court orders them filed.

When is service by mail complete under Rule 5?

Service by mail, or through the JEFS or JIMS electronic systems, is complete upon mailing or upon electronic transmission of the Notice of Electronic Filing.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 5). 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: serving pleadings and paperscertificate of servicefiling with the courtnonfiling of discovery