APPEARANCE BY TELEPHONIC OR VIDEO CONFERENCE CALL

Hawai‘i Rules of Civil Procedure

Rule: 16.2

Jurisdiction: HI

Bluebook Citation: HRCP 16.2

(a) Telephonic or videoconferencing call presumptively allowed. Except as otherwise provided by statute or rule, the court shall, absent good cause, allow any party or the party’s counsel to appear by telephonic or videoconferencing call for any of the following motions, conferences, hearings, or proceedings: (1)Scheduling and trial setting conferences; (2) Status conferences; (3) Uncontested motions; and (4) Such other conferences or hearings which the trial court approves. If, at any time during a motion, conference, hearing or proceeding conducted by telephonic or videoconferencing call, the court determines a personal appearance is necessary by one or more of the parties or their counsel, the court may continue the matter and require a personal appearance by one or more of the parties or their counsel. (b) Telephonic or videoconferencing call presumptively not allowed. Except as otherwise provided by statute or rule of court or as permitted by the court, telephonic or videoconferencing appearance shall not be permitted for any of the following: (1) Trials; (2) Evidentiary hearings; (3) Contested motions or matters; (4) Dispositive motions; and (5) Settlement conferences. (c) Arranging telephonic or videoconferencing call. (1) Any party granted leave to appear by a telephonic or videoconferencing call shall, not less than 48 hours prior to the scheduled hearing or conference, notify all other parties. (2) Unless otherwise directed by the court, the party who first obtains permission to appear by a telephonic or videoconferencing call shall be responsible for arranging the conference call with all parties and the conference-call operator, if applicable, and ensuring that the call is arranged and ready for court participation at the time appointed for the hearing. COMMENTARY: The intent of this rule is to promote uniformity in the practices and procedures relating to telephonic and videoconferencing calls for civil matters in the courts of the State. To provide access to justice, promote judicial efficiency and to reduce litigation costs, the courts of the State should permit parties, to the extent feasible, to appear by telephonic or videoconferencing calls as provided by this rule. (Added July 29, 2013, effective January 1, 2014; adopted and amended November 14, 2014, effective January 1, 2015; renumbered from Rule 16.1 on October 8, 2020, effective January 1, 2021; further amended November 5, 2020, to extend effective date to July 1, 2021; further amended March 30, 2021, to extend effective date to January 1, 2022; further amended August 3, 2021, effective January 1, 2022; further amended April 22, 2022, effective July 1, 2022. ) IV. PARTIES

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