Last amended October 28, 2019 · Last verified July 3, 2026
In one sentenceRule 77 says the circuit courts are always open for filing and process, distinguishes what must happen in open court from what a judge can do in chambers, and sets clerk's-office hours and notice-of-judgment duties.
(a)Circuit courts always open. The circuit courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules. Documents filed through JEFS or JIMS are deemed filed with the clerk of court.
(b)Trials and hearings; orders in chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the circuit; but no hearing, other than one ex parte, shall be conducted outside the circuit without the consent of all parties affected thereby.
(c)Clerk's office and orders by clerk. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays and legal holidays. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable by the clerk; but the clerk's action may be suspended or altered or rescinded by the court upon cause shown.
(d)Notice of orders or judgments. Immediately upon entry of a judgment, or an order for which notice of entry is required by these Rules, the clerk shall conventionally serve a notice of the entry by mail in the manner provided for in Rule 5 of these Rules upon each unrepresented party who is not in default for failure to appear and who is not a JEFS User or who has not consented to electronic service. The clerk shall note the service by a text-only entry on the docket or by filing a certificate of conventional service. Such mailing is sufficient notice for all purposes for which notice of the entry of a judgment or order is required by these Rules. In addition, immediately upon entry, the party presenting the judgment or order shall serve a copy thereof in the manner provided in Rule 5 of these Rules. Lack of notice of the entry by the clerk or failure to make such service does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4(a) of the Hawai‘i Rules of Appellate Procedure. The court may impose appropriate sanctions against any party for failure to give notice in accordance with this Rule. The electronic filing of the judgment or order shall serve as notice of entry of the judgment or order for registered JEFS Users.
further amended April 23, 1985, effective April 23, 1985
further amended November 23, 1994, effective December 15, 1994
further amended effective July 1, 1998
further amended December 7, 1999, effective January 1, 2000
further amended June 15, 2005, effective July 1, 2005
further amended October 31, 2019, effective nunc pro tunc October 28, 2019
Plain-English Summary
The circuit courts are deemed always open for filing pleadings, issuing and returning process, and handling interlocutory motions, orders, and rules, including documents filed electronically through JEFS or JIMS. Trials on the merits happen in open court, ordinarily in a regular courtroom, while other acts or proceedings can be handled by a judge in chambers, within or outside the circuit, without the clerk or other court officials present, except that a hearing other than an ex parte one can't be held outside the circuit without the consent of every affected party. The clerk's office itself stays open during business hours every day except weekends and legal holidays, and the clerk can grant routine matters, like issuing process or entering defaults, that don't need a court order, though the court can suspend, alter, or rescind the clerk's action for cause.
Once a judgment or an order requiring notice of entry is entered, the clerk serves notice by mail, the same way Rule 5 requires, on any unrepresented party who isn't in default, isn't a JEFS User, and hasn't consented to electronic service, and notes that service on the docket; the party who presented the judgment or order must also serve a copy under Rule 5. That mailed notice satisfies every notice requirement these rules impose, and the clerk's failure to give it, or a party's failure to serve it, doesn't extend the time to appeal or let the court excuse a late appeal, except as Rule 4(a) of the Hawai'i Rules of Appellate Procedure allows; the court can sanction a party who fails to give required notice, and electronic filing itself serves as notice of entry for registered JEFS Users.
Frequently Asked Questions
Are the circuit courts ever officially closed for filing documents?
No. Rule 77(a) deems the circuit courts always open for filing pleadings, issuing process, and handling interlocutory motions and orders.
Can a judge handle court business outside the courtroom?
Yes, in chambers, within or outside the circuit, without the clerk present, except that a hearing other than an ex parte one can't be held outside the circuit without every affected party's consent.
Does failing to receive notice of a judgment extend the time to appeal?
Generally no. Rule 77(d) says lack of notice from the clerk or a party's failure to serve notice doesn't extend the appeal deadline, except as allowed under Rule 4(a) of the Hawai'i Rules of Appellate Procedure.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 77). 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:circuit courts always openclerk's office hoursnotice of entry of judgment