APPLICABILITY

(a) Generally. Part A of these Rules, together with the designated supplements, shall apply to the following proceedings in any family court: (1) Matrimonial actions under HRS chapter 580, supplemented by Part B of these Rules (Rules 90 to 101); (2) Adoption proceedings under HRS chapter 578, supplemented by Part C of these Rules (Rules 102 to 120); (3) Child Protective Act proceedings under HRS chapter 587A, except that the Hawaiʻi Electronic Filing and Service Rules shall not apply to Child Protective Act proceedings; (4) Uniform Interstate Family Support Act proceedings under HRS chapter 576B; (5) Uniform Parentage Act proceedings under HRS chapter 584; (6) Termination of Parental Rights proceedings under HRS chapter 571, part VI; (7) Involuntary hospitalization proceedings under HRS chapter 334; (8) Guardianship of Person of Minors and Incapacitated Persons under HRS chapter 560, article V; (9) Domestic Abuse Protective Order proceedings under HRS chapter 586; (10) Gun Violence Protective Order proceedings under HRS chapter 134, part IV; (11) Uniform Child Custody Jurisdiction Enforcement Act proceedings under HRS chapter 583A; (12) Dependent Adult Protective Services proceedings under HRS chapter 346, part X; (13) Name Changes under HRS chapter 574; (14) Appeals from the Administrative Process for Child Support Enforcement under HRS section 576E-13; (15) Assisted Community Treatment proceedings under HRS chapter 334 part VIII; and (16) Any other civil cases over which the family court has jurisdiction. (b) Juvenile cases. Proceedings under HRS sections 571-11(1) and 571-11(2) shall be governed by Part D of these Rules (Rules 121 to 158). The Hawaiʻi Electronic Filing and Service Rules shall not apply to juvenile cases. (c) Criminal cases. Cases for adults charged with the commission of a crime coming within the jurisdiction of the family courts shall be governed by the Hawaiʻi Rules of Penal Procedure. (d) Reserved. (e) Conflict. To the extent that there is any conflict between these Rules and the Hawaiʻi Electronic Filing and Services Rules, the Hawaiʻi Electronic Filing and Service Rules shall prevail. To the extent there is any conflict between these Rules and the Rules of the Circuit Courts, these Rules shall prevail. (f) Appeals. Rule 4 of the Hawaiʻi Rules of Appellate Procedure shall apply to appeals from a family court in proceedings listed in subdivision (a) of this Rule 81. (g) Depositions and discovery. Chapter V of Part A of these Rules, relating to depositions and discovery, shall apply to proceedings listed in subdivision (a) of this Rule 81 except that in any such proceedings: (1) the court may by order direct that said Chapter V shall not be applicable to the proceeding if the court for good cause finds that the application thereof would not be feasible or would work an injustice; and (2) if the proceedings be ex parte any deposition therein upon oral examination or upon written questions shall be pursuant to motion and order of court after entry of default pursuant to Rule 55 of these Rules, rather than pursuant to notice as set forth in subdivision (a) of Rule 30 or subdivision (a) of Rule 31 of these Rules, and in any such case the order of court shall, for all purposes relating to said Chapter V, take the place of said notice. (h) Reserved. (i) Applicability in general. These Rules shall apply to all actions and proceedings of a civil nature in any family court and to all appeals to the appellate courts in all actions and proceedings of a civil nature in any family court; and for that purpose every action or proceeding of a civil nature in the family court shall be a “civil action” within the meaning of Rule 2 of these Rules. (j) Reserved. (Amended March 30, 2022, effective April 25, 2022.)