FAMILY COURTS AND CLERKS

(a) Family courts always open. The family courts shall be deemed always open for the purpose of filing any pleading or other proper document, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and Rules. (b) Filing with the clerk of court. Documents filed through JEFS or JIMS shall be deemed filed with the clerk of the court. (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. Any order to show cause, summons, subpoena, application for issuing final process to enforce or execute judgments, or notice issued by the court in connection with any case or cause, may be signed by a clerk of the court. The clerk shall grant, sign, and enter the following orders without further direction by the court, but any orders so entered may be set aside or modified by the court: (1) Orders extending time. Orders extending once for 20 days the time within which to file an answer to a complaint if the time originally prescribed to answer or move has not expired. (2) Orders granting extension. Orders extending once for 15 days the time within which to object to or answer interrogatories to a party or object or respond to a request for production of documents if the time to answer such interrogatories or respond to a request for production of documents has not expired and such extension would not violate a prior court order. Any orders submitted for the clerk = s signature shall be attached to a coversheet which includes A Proposed @ in the title, although the attached order itself shall not include “Proposed” in its title. JEFS Users shall file the proposed order electronically and non-JEFS Users shall conventionally file the proposed order. (d) Service of orders, decrees, and judgments. Immediately upon the filing of an order, decree, or judgment prepared by the court, the clerk shall conventionally serve a copy of the order, decree, or judgment by mail in the manner provided for in Rule 5 of these Rules upon each self-represented party who is not in default for failure to appear and who is not a JEFS User. The clerk shall note the service by a text-only entry on the docket or by filing a certificate of conventional service. 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 Hawaiʻi Rules of Appellate Procedure. The Notice of Electronic Filing automatically generated by JEFS is sufficient to show service of the order, decree, or judgment on all JEFS Users. Orders prepared by attorneys shall be served in accordance with Rules 5(c) and 5.1 of these Rules. (e) “Court” and “family court” defined. As used in these Rules, the words “court” and “family court” shall mean the family court, the district family court, or a judge of the family court, or a judge of the district family court. (f) “Judge” defined. As used in these Rules, the word “judge” shall mean a judge of the family court or the district family court. (g) Costs awarded by the court. In addition to any other costs allowed by statute or rule, the court may award to a prevailing party the actual cost of service of process, whether service is made by a public or private process server, provided the amount shall not exceed the statutory amount(s) allowed for service of process by sheriffs or police officers. (Amended March 30, 2022, effective April 25, 2022.)