RESERVED

(Deleted April 7, 1980, effective April 7, 1980.) APPENDIX OF FORMS (See Rule 84) Introductory Statement 1. The following forms are sufficient under these rules. They are limited in number. No attempt is made to furnish a manual of forms. Each form assumes the action to be brought in the First Circuit. The caption should state the circuit in which the action is brought. 2. Except where otherwise indicated each pleading, motion, and other paper should have a caption similar to that of the summons, with the designation of the particular paper substituted for the word "Summons." In the caption of the summons and in the caption of the complaint all parties must be named but in other pleadings and papers, it is sufficient to state the name of the first party on either side, with an appropriate indication of other parties. See Rules 4(b), 7(b)(2), and 10(a). 3. Each pleading, motion, and other paper is to be signed in the individual name of at least one attorney of record (Rule 11). The attorney's name is to be followed by the attorney’s address. 4. If a party is not represented by an attorney, the signature and address of the party are required in place of those of the attorney. 5. Rule 3 of the Rules of the Circuit Courts prescribes additional requirements. Form 1. Summons. IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant. ))))) ) Civil No.____________ SUMMONS SUMMONS STATE OF HAWAIʻI To the above-named Defendant: You are hereby summoned and required to file with the court and serve upon ____________________ ______________________________, plaintiff's attorney, whose address is _________________________ ____________________________________________, an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. Dated:Honolulu, Hawaiʻi, ________________________ Clerk of Court (Seal of the Circuit Court) (This summons is issued pursuant to Rule 4 of the Hawaiʻi Rules of Civil Procedure). For provisional and final remedies, including attachment, garnishment, etc., see Chapter VIII of these rules. Form 1-A. Publication of Summons. IN THE CIRCUIT COURT OF THE (________) CIRCUIT STATE OF HAWAIʻI SUMMONS TO: (defendant’s name) YOU ARE HEREBY NOTIFIED THAT (plaintiff’s name) , plaintiff, has filed a (complaint or petition) in Civil No. (case #) , wherein plaintiff prays for (state relief sought) against you in the above-entitled court. ( If applicable, include description of property ) YOU ARE HEREBY SUMMONED to appear in the courtroom of the HONORABLE (name of judge) at (address) , (city) , Hawaiʻi, on (date) , 20XX , at (time) o’clock (A. or P.) M., or to file an answer or other pleading and serve it before said day upon (name of plaintiff’s attorney) , plaintiff’s attorney, whose address is (address, city, and state) . If you fail to do so, judgment by default will be taken against you for the relief demanded in the (complaint or petition) . DATED: (city) , Hawaiʻi, (date) . (signature of the clerk) Clerk of Court Form 2. Reserved. Form 2-A. CIVIL INFORMATION SHEET STATE OF HAWAIʻI CIRCUIT COURT OF THE ______________ CIRCUIT CIVIL INFORMATION SHEET I (A). PLAINTIFF(S) □ Additional page(s) attached I (B). DEFENDANT(S) □ Additional page(s) attached II.(A). PLAINTIFF’S(S’) ATTORNEY (NAME/NUMBER) □ Additional page(s) attached II.(B). DEFENDANT’S (S’) ATTORNEY (NAME/NUMBER) □ Additional page(s) attached III.NATURE OF SUIT □ Contract □ Motor Vehicle Tort □ Assault & Battery □ Construction Defects □ Medical Malpractice □ Legal Malpractice □ Product Liability □ Other Non-Vehicle Tort □ Condemnation □ Foreclosure □ Agreement of Sale Foreclosure □ Agency Appeal □ Declaratory Judgment □ Other Civil Action □ Environmental Court □ Asbestos □ Consumer Debt Collection □ Quiet Title IV. ORIGIN □ (A). Original Proceeding □ (B). Transfer from District Court CIV. NO. ______________ □ (C). Transfer from another Circuit CIV. NO. _____________ V. DEMAND _________________ VI.JURY DEMAND □ YES □ NO VII.CLASS ACTION □ YES □ NO VIII.REQUEST TO EXEMPT FROM ARBITRATION □ YES □ NO IX. RELATED CASE(S) JUDGE__________________________________________________________ CIVIL NUMBER__________________________________________________________ __________________________________________________________ DATE ATTORNEY NAME/PARTY NAME SIGNATURE RESERVED FOR COURT USE CIVIL NO. In accordance with the Americans with Disabilities Act, and other applicable state and federal laws, if you require reasonable accommodation for a disability, please contact the ADA Coordinator at the Circuit Court Administration Office on OAHU-Phone No. 808-539-4400, TTY 808-539-4853, FAX, 539-4402; MAUI-Phone No. 808-244-2929, FAX 808-244-2777; HAWAII-Phone No. 808-961-7424, TTY 808-961-7422, FAX 808-961-7411; KAUAI-Phone No. 808-482-2365, TTY 808-482-2533, FAX 808-482-2509, at least ten (10) working days prior to your hearing or appointment date. 1C-P-167 (Rev. 08/18/21) INSTRUCTIONS FOR COMPLETING THE CIVIL INFORMATION SHEET The civil information sheet and the information it contains neither replace nor supplement the filings, the service pleadings or other documents as required by law, except as provided by the rules of court. This form is required for the purpose of initiating the civil docket sheet. Consequently, a civil information sheet is required for each civil complaint filed. The attorney/party filing a civil complaint shall complete the form as follows: I. PLAINTIFF(S)/DEFENDANT(S) List names: last, first, middle initial. If the plaintiff or defendant is a government agency, indicate the full name. If the plaintiff or defendant is an official of a government agency, first indicate the agency name and then the official's name and title. If the space provided is insufficient, attach additional page(s) and check the box so indicating. II. PLAINTIFF'S(S')/DEFENDANT'S(S') ATTORNEY Indicate the attorney name and license number. If the space provided is insufficient, attach additional page(s) and check the box so indicating. III. NATURE OF SUIT Place a " ✔ " in the appropriate box. If more than one category applies, select the one category that best describes the action. Do not select more than one category. For cases arising under Hawaiʻi Revised Statutes, section 604A-2, place a " ✔ " in the Environmental Court box. IV. ORIGIN (A) Original Proceedings: cases originating in the circuit court. (B) Transfer from District Court: cases transferred from district court under Haw. Rev. Stat. §§ 604-5 (Supp. 2006), 633-31 (1993). (C) Transfer from another Circuit: cases transferred from another circuit under Haw. Rev. Stat. §§ 603-37, -37.5 (1993) V. DEMAND Indicate the remedy being demanded (e.g., damages, preliminary injunction, etc.) VI. JURY DEMAND Indicate whether a jury is being demanded. VII. CLASS ACTION Indicate whether the action is brought as a class action. VIII. REQUEST TO EXEMPT FROM ARBITRATION Indicate whether a "Request to Exempt from Arbitration" is filed. IX. RELATED CASES List the civil number and the assigned judge for related pending cases. X. SIGNATURE OF ATTORNEY OR PARTY Date and sign the civil information sheet. (Rev. 08/18/21) Form 2-B. ADDITIONAL CLAIMS INFORMATION SHEET ADDITIONAL CLAIMS INFORMATION SHEET I. Filing Party/Attorney II. Civil No. III. Case Name IV. Title of Pleading V. Does the above pleading join any additional party not previously named? _____ Yes _____ No If "yes," please list each additional party below: Name(s) Party Designation 1. _________________________________________ _______________________________________ 2. _________________________________________ _______________________________________ 3. _________________________________________ _______________________________________ 4. _________________________________________ _______________________________________ 5. _________________________________________ _______________________________________ ❑ Additional page(s) attached. VI. Does the above pleading exclude any party previously named? _____ Yes _____ No If "yes," please list each party who has been excluded: Name(s) Party Designation 1. _________________________________________ _______________________________________ 2. _________________________________________ _______________________________________ 3. _________________________________________ _______________________________________ 4. _________________________________________ _______________________________________ 5. _________________________________________ _______________________________________ ❑ Additional page(s) attached. VII. Signature of Filing Party/Attorney Date 1C-P-009 INSTRUCTIONS FOR COMPLETING THE ADDITIONAL CLAIMS INFORMATION SHEET The additional claims information sheet and the information it contains neither replace nor supplement the filings, the service pleadings, or other documents as required by law, except as provided by the rules of court. This form is required for the purpose of ascertaining the status of parties to the lawsuit. Consequently, an additional claims information sheet is required for each affirmative pleading filed subsequent to the initial complaint. The attorney/party filing such affirmative pleading shall complete the form as follows: I. Filing Party/Attorney Indicate name, attorney license number, attorney firm name (if applicable), address and telephone number. II. Civil No. Indicate the civil number assigned to the case. III. Case Name Indicate a brief case title (full caption not necessary). Use of "et al." designation is acceptable. IV. Title of Pleading Indicate the exact title of the pleading being filed. V. Joined Parties and Party Designation If the space provided is insufficient, attach additional page(s) and check the box so indicating. Examples of "party designation" are as follows: Additional plaintiff; additional defendant; additional crossclaim-defendant; additional counterclaimant; additional counterclaim-defendant; plaintiff intervenor; defendant intervenor; third-party defendant, etc. VI. Excluded Parties and Party Designation Same as Section V above. VII. Signature of Filing Party/Attorney Date and sign the Additional Claims Information Sheet. Form 3. Complaint on a Promissory Note. 1. Allegation of residence of parties. 2. Defendant on or about June 1, 1951, executed and delivered to plaintiff a promissory note (in the following words and figures: [here set out the note verbatim]); [a copy of which is hereby annexed as Exhibit A]; [whereby defendant promised to pay to plaintiff or order on June 1, 1952, the sum of ten thousand dollars with interest thereon at the rate of six percent per annum]. 3. Defendant owes to plaintiff the amount of said note and interest. Wherefore plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, and costs. Dated: Honolulu, Hawaiʻi, ________________________ Signed:___________________________________ Attorney for Plaintiff Address: __________________________________ Notes 1.The pleader may use the material in one of the three sets of brackets. His choice will depend upon whether he desires to plead the document verbatim, or by exhibit, or according to its legal effect. 2.Under the rules free joinder of claims is permitted. See Rules 8(e) and 18. Consequently the claims set forth in each and all of the following forms may be joined with this complaint or with each other. Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular the rules permit alternative and inconsistent pleading. See Form 10. Form 4. Complaint on an Account. 1. Allegation of residence of parties. 2. Defendant owes plaintiff ten thousand dollars according to the account hereto annexed as Exhibit A. Wherefore (etc. as in Form 3). Form 5. Complaint for Goods Sold and Delivered. 1. Allegation of residence of parties. 2. Defendant owes plaintiff ten thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1952 and December 1, 1952. Wherefore (etc. as in Form 3). Note This form may be used where the action is for an agreed price or for the reasonable value of the goods. Form 6. Complaint for Money Lent. 1. Allegation of residence of parties. 2. Defendant owes plaintiff ten thousand dollars for money lent by plaintiff to defendant on June 1, 1952. Wherefore (etc. as in Form 3). Form 7. Complaint for Money Paid by Mistake. 1. Allegation of residence of parties. 2. Defendant owes plaintiff ten thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1952, under the following circumstances: (here state the circumstances with particularity - See Rule 9(b)). Wherefore (etc. as in Form 3). Form 8. Complaint for Money Had and Received. 1. Allegation of residence of parties. 2. Defendant owes plaintiff ten thousand dollars for money had and received from one G. H. on June 1, 1952, to be paid by defendant to plaintiff. Wherefore (etc. as in Form 3). Form 9. Complaint for Negligence. 1. Allegation of residence of parties. 2. On June 1, 1952, in a public highway called King Street in Honolulu, Hawaiʻi, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway. 3. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against defendant in the sum of _______________ dollars and costs. Note Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff. Form 10. Complaint for Negligence Where Plaintiff Is Unable to Determine Definitely Whether the Person Responsible Is C. D. or E. F. or Whether Both Are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligence. IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIʻI A. B., Plaintiff, v. C. D. and E. F., Defendants. )))))) Civil No. ____________ COMPLAINT 1. Allegation of residence of parties. 2. On June 1, 1952, in a public highway called King Street, Honolulu, Hawaiʻi, defendant C. D. or defendant E. F., or both defendants C. D. and E. F. willfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway. 3. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against C. D. or against E. F. or against both in the sum of ______________________________ dollars and costs. Form 11. Complaint for Conversion. 1. Allegation of residence of parties. 2. On or about December 1, 1952, defendant converted to his own use ten bonds of the ___________ Company (here insert brief identification as by number and issue) of the value of ten thousand dollars, the property of plaintiff. Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars, interest, and costs. Form 12. Complaint for Specific Performance of Contract to Convey Land. 1. Allegation of residence of parties. 2. On or about December 1, 1952, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A. 3. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance. 4. Plaintiff now offers to pay the purchase price. Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ________________ dollars. Note Here, as in Form 3, plaintiff may set forth the contract verbatim in the complaint or plead it, as indicated, by exhibit, or plead it according to its legal effect. Furthermore, plaintiff may seek legal or equitable relief or both even though this was impossible under the system in operation before these rules. Form 13. Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18(b). IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIʻI A.B., Plaintiff, v. C. D. and E.F., Defendants. )))))) Civil No. _____________ COMPLAINT 1. Allegation of residence of parties. 2. Defendant C. D. on or about ____________________ executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant C. D. promised to pay to plaintiff or order on ______________ the sum of five thousand dollars with interest thereon at the rate of __________ percent per annum). 3. Defendant C. D. owes to plaintiff the amount of said note and interest. 4. Defendant C. D. on or about ________________ conveyed all his property, real and personal (or specify and describe) to defendant E. F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to. Wherefore plaintiff demands: (1) That plaintiff have judgment against defendant C. D. for _______________________ dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs. Form 14. Reserved. Form 15. Reserved. Form 16. Reserved. Form 17. Reserved. Form 18. Complaint for Interpleader and Declaratory Relief. 1. Allegation of residence of parties. 2. On or about June 1, 1950, plaintiff issued to G. H. a policy of life insurance whereby plaintiff promised to pay to K. L. as beneficiary the sum of ten thousand dollars upon the death of G. H. The policy required the payment by G. H. of a stipulated premium on June 1, 1951, and annually thereafter as a condition precedent to its continuance in force. 3. No part of the premium due June 1, 1951, was ever paid and the policy ceased to have any force or effect on July 1, 1951. 4. Thereafter, on September 1, 1951, G. H. and K. L. died as the result of an accident, in which G. H. and K. L. were involved. 5. Defendant C. D. is the duly appointed and acting executor of the will of G. H.; defendant E. F. is the duly appointed and acting executor of the will of K. L.; defendant X. Y. claims to have been duly designated as beneficiary of said policy in place of K. L. 6. Each of defendants, C. D., E. F., and X. Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof. 7. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G. H. Wherefore plaintiff demands that the court adjudge: (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof. (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof. (3) That, if the court shall determine that said policy was in force at the death of G. H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy. (4) That plaintiff recover its costs. Form 19. Motion to Dismiss, Presenting Defenses of Failure to State a Claim or Lack of Service of Process. The defendant moves the court as follows: 1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted. 2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Hawaiʻi, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively. Signed:__________________________________ Attorney for Defendant Address: _________________________________ Notice of Motion To: __________________________________________________ Attorney for Plaintiff Please take notice that the undersigned will bring the above motion on for hearing before the presiding judge of this court in the Judiciary Building, Honolulu, Hawaiʻi, on the ____ day of __________________________, 19___, at __________________________ o'clock ____ M. or as soon thereafter as counsel can be heard. Signed:___________________________________ Attorney for Defendant Address:__________________________________ Note The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b). Form 20. Answer Presenting Defenses Under Rule 12(b). FIRST DEFENSE The complaint fails to state a claim against defendant upon which relief can be granted. SECOND DEFENSE Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint. THIRD DEFENSE The complaint is time-barred by the applicable statute of limitations and/or statute of repose. COUNTERCLAIM (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.) CROSS-CLAIM AGAINST DEFENDANT M. N. (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.) Form 21. Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader. DEFENSE Defendant admits the allegations stated in paragraph 1 of the complaint; and denies the allegations stated in paragraph 2 to the extent set forth in the counterclaim herein. COUNTERCLAIM FOR INTERPLEADER 1. Defendant received the sum of ten thousand dollars as a deposit from E. F. 2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F. 3. E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. Wherefore defendant demands: (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counterclaim. 1 1 Rule 13(h) provides for the court ordering parties to a counterclaim, but who are not parties to the original action, to be brought in as defendants. (2) That the court order the plaintiff and E. F. to interplead their respective claims. (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money. (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money. (5) That the court award to the defendant its costs and attorney's fees. Form 22. Replaced. Replaced by Forms 22-A and 22-B, May 15, 1972, effective July 1, 1972. Form 22-A. Summons and Complaint Against Third-Party Defendant. IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant and Third-Party Plaintiff, v. E.F., Third-Party Defendant. )))))))))) Civil No. ______________ SUMMONS SUMMONS STATE OF HAWAIʻI To the above-named Third-Party Defendant: You are hereby summoned and required to file with the court and serve upon ___________________ __________________________, plaintiff's attorney whose address is _____________________________ _____________________________________________, and upon ______________________________, who is attorney for C. D., defendant and third-party plaintiff, and whose address is __________________, an answer to the third-party complaint which is herewith served upon you within 20 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer. Dated: Honolulu, Hawaiʻi, _____________________ (Seal of Circuit Court) Clerk of Court IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant and Third-Party Plaintiff, v. E.F., Third-Party Defendant. )))))))))) Civil No. ______________ THIRD PARTY COMPLAINT THIRD-PARTY COMPLAINT 1. Plaintiff A. B. has filed against Defendant C. D. a complaint, a copy of which is hereto attached as Exhibit A. 2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D., or upon which A. B. is entitled to recover from E. F. and not from C. D. The statement should be framed as in an original complaint.) Wherefore C. D. demands judgment against third-party defendant E.F. for all sums 1 that may be adjudged against defendant C.D. in favor of plaintiff A. B. 1 Make appropriate change where C.D. is entitled to only partial recovery-over against E. F. Dated: Honolulu, Hawaiʻi, _____________________ Signed:____________________________________ Attorney for C. D., Third-Party Plaintiff Address:___________________________________ Form 22-B. Motion to Bring in Third-Party Defendant. Defendant moves for leave, as third-party plaintiff, to cause to be served upon E. F. a summons and third-party complaint, copies of which are hereto attached as Exhibit X. Signed:_____________________________________ Attorney for Defendant C. D. Address:____________________________________ Notice of Motion (Contents the same as in Form 19. The notice should be addressed to all parties to the action.) Exhibit X (Contents the same as in Form 22-A.) Form 23. Motion to Intervene as a Defendant Under Rule 24. IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant. E.F., Applicant for Intervention ))))))) ) Civil No. ____________________ MOTION TO INTERVENE AS DEFENDANT MOTION TO INTERVENE AS A DEFENDANT E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, a copy of which is hereto attached and marked Exhibit A, on the ground that he has a prior lien on the property referred to in the complaint and as such has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action. Dated: Honolulu, Hawaiʻi, _________________________ Signed:__________________________________________ Attorney for E. F., Applicant for Intervention Address:_________________________________________ (Contents the same as in Form 19.) For other grounds of intervention, either of right or in the discretion of the court, see Rules 24(a) and (b). Under Rule 24(c), the motion to intervene must be served upon all parties as provided in Rule 5. Exhibit A IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAIʻI A.B., Plaintiff, v. C.D., Defendant. E.F., Intervener )))))))) Civil No. ____________________ INTERVENER’S ANSWER INTERVENER'S ANSWER FIRST DEFENSE Intervener admits the allegation stated in paragraphs 1 and 4 of the complaint; denies the allegation in paragraphs 2 and 3. SECOND DEFENSE That intervener has a valid and existing first lien upon the property described in the complaint and that no disposition of such property should be made without first providing for the satisfaction of the intervener's lien. Dated: Honolulu, Hawaiʻi, ___________________________ Signed:_______________________________ Attorney for E. F., Intervener Address:______________________________ Form 24. Request for Production of Documents, etc., Under Rule 34. Plaintiff A. B. requests defendant C. D. to respond within __________ days to the following requests: (1) That defendant produce and permit plaintiff to inspect and to copy each of the following documents: (Here list the documents either individually or by category and describe each of them.) (Here state the time, place, and manner of making the inspection and performance of any related acts.) (2) That defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the following objects: (Here list the objects either individually or by category and describe each of them.) (Here state the time, place, and manner of making the inspection and performance of any related acts.) (3) That defendant permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph, test or sample (here describe the portion of the real property and the objects to be inspected). (Here state the time, place, and manner of making the inspection and performance of any related acts.) Signed:__________________________________ Attorney for Plaintiff Address:_________________________________ Form 25. Request for Admissions Under Rule 36. Plaintiff A. B. requests defendant C. D. within ________________ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request is genuine. (Here list the documents and describe each document.) 2. That each of the following statements is true. (Here list the statements.) Signed:________________________________ Attorney for Plaintiff Address:_______________________________ Form 26. Allegation of Reason for Omitting Party. When it is necessary, under Rule 19(c), for the pleader to set forth in pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below: John Doe named in this complaint is not made a party to this action (because he is not subject to the jurisdiction of this court). Form 27. Deleted. Form 28. Reserved. Form 29. Notice of Appeal From Decision or Order of Governmental Official or Body to the Circuit Court Under Rule 72(a). (Your name) (Your address) (Your telephone number) IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT STATE OF HAWAIʻI (Your name), Appellant, v. (Name of governmental official or agency whose order or decision is being appealed); (Name(s) of any other party to the proceeding before the official or agency), Appellee(s). ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. ___________________________ Agency Docket/Case No. _______________ NOTICE OF APPEAL TO THE CIRCUIT COURT; STATEMENT OF THE CASE; EXHIBIT A; DESIGNATION OF RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD; CERTIFICATE OF SERVICE NOTICE OF APPEAL TO THE CIRCUIT COURT Notice is hereby given that (Your Name), Appellant above-named, pursuant to section (list statutes that give the right to appeal the order or decision), Hawaiʻi Revised Statutes, and Rule 72 of the Hawaiʻi Rules of Civil Procedure, hereby appeals to the Circuit Court of the (insert the judicial circuit no.) Circuit from the (order or decision) of (Name of governmental official or agency whose order or decision is being appealed) entered on (Date of order or decision). A copy of the (order or decision) is attached as Exhibit A. DATED: (Name of the City you are in), (State), (Date document is signed). ________ (Your signature) __________________ (Print or Type your name here) Form 29-A. Statement of the Case to Accompany the Notice of Appeal to the Circuit Court. IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT STATE OF HAWAIʻI (Your name), Appellant, vs. (Name of governmental official or agency whose order or decision is being appealed); (Name(s) of any other party to the proceeding before the official or agency), Appellee(s). ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. ___________________________ Agency Docket/Case No. _______________ STATEMENT OF THE CASE STATEMENT OF THE CASE (State the facts) (State the reasons you are filing the appeal) (State the result you would like to achieve) DATED: (Name of the City you are in), (State), (Date document is signed). ________ (Your signature) __________________ (Print or Type your name here) Form 29-B. Designation of Record on Appeal to Accompany the Notice of Appeal to the Circuit Court. IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT STATE OF HAWAIʻI (Your name), Appellant, vs. (Name of governmental official or agency whose order or decision is being appealed); (Name(s) of any other party to the proceeding before the official or agency), Appellee(s). ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. ___________________________ Agency Docket/Case No. _______________ DESIGNATION OF RECORD ON APPEAL DESIGNATION OF RECORD ON APPEAL Pursuant to Rule 72(d) of the Hawaiʻi Rules of Civil Procedure, Appellant hereby designates as the Record on Appeal the entire file of the (insert the name of agency that made the decision being appealed) in the above-captioned matter, as defined in section 91-9(e), Hawaiʻi Revised Statutes, including all pleadings, transcripts, and exhibits. DATED: (Name of the City you are in), (State), (Date document is signed). ________ (Your signature) __________________ (Print or Type your name here) Form 29-C. Order for Certification and Transmission of Record to Accompany the Notice of Appeal to the Circuit Court. IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT STATE OF HAWAIʻI (Your name), Appellant, vs. (Name of governmental official or agency whose order or decision is being appealed); (Name(s) of any other party to the proceeding before the official or agency), Appellee(s). ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. ___________________________ Agency Docket/Case No. _______________ ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD TO: (Insert name of agency that made the decision being appealed) (Address of agency) In accordance with section 91-14(d), Hawaiʻi Revised Statutes, and Rule 72(d) of the Hawaiʻi Rules of Civil Procedure, you are hereby ordered to certify and transmit to this Court, within twenty (20) calendar days of the date of this Order, or within such further time as may be allowed by this Court, the entire record as defined by section 91-9(e), Hawaiʻi Revised Statutes, and as set forth in the Designation of Record on Appeal. Any request to enlarge time shall be submitted to the Court prior to the expiration of the above 20-day period. DATED: (Name of the City the Court is in), (Name of State), ______________. _______________________________________ CLERK OF THE ABOVE-ENTITLED COURT Form 29-D. Certificate of Service to Accompany the Notice of Appeal to the Circuit Court. (Mail a copy of all the documents submitted to the Court to each of the Appellees listed) IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT STATE OF HAWAIʻI (Your name), Appellant, vs. (Name of governmental official or agency whose order or decision is being appealed); (Name(s) of any other party to the proceeding before the official or agency), Appellee(s). ) ) ) ) ) ) ) ) ) )) )) Civil No. ___________________________ Agency Docket/Case No. _______________ CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE I hereby certify that on this date, a copy of the document within was served by depositing a copy of the same in the U.S. mail, postage prepaid to the following: (Insert name of agency that made the decision being appealed) (Address of agency) (Insert name(s) and address(es) of each Appellee, or if the Appellee has an attorney, the name and address of the Appellee's attorney) DATED: (Name of City you are in), (Name of State you are in), (Date of mailing). ________ (Your signature) __________________ (Print or Type your name here) Form 30. Suggestion of Death Upon the Record Under Rule 25(a)(1). A. B. (describe as a party, or as executor, administrator, or other representative or successor of C. D., the deceased party) suggests upon the record, pursuant to Rule 25(a)(1), the death of C. D. (describe as party) during the pendency of this action. Form 31. Garnishee Summons and Order . STATE OF HAWAIʻI CIRCUIT COURT OF THE FIRST CIRCUIT GARNISHEE SUMMONS AND ORDER ( For use in the First Circuit Only ) CASE NUMBER PLAINTIFF DEFENDANT GARNISHEE (Name and Address) PLAINTIFF’S ATTORNEY (Name and Address) ______________________________________ JUDGMENT AMOUNT DUE ______________________________________ DATE OF JUDGMENT ORDER TO: ANY OFFICER IN HAWAIʻI AUTHORIZED TO MAKE SERVICE You are COMMANDED to leave a true and attested copy of this Summons and Order with each garnishee named above. TO: GARNISHEE : You, as garnishee, are required EITHER to appear in court OR to file a disclosure with the court. Appearance: You must appear personally before the Judge presiding in the case designated above, at the location indicated immediately below: □ 777 Punchbowl Street or □ 1111 Alakea Street, Honolulu, Hawaiʻi, 96813, at 9:00 a.m. You must appear at the court designated above on the first TUESDAY that occurs more than 20 days after the day you were served, provided the Tuesday is not a holiday. If it is a holiday, you must appear the next Tuesday that is not a holiday. Written Disclosure: You must file your written disclosure in the First Circuit, State of Hawaiʻi, and serve a copy of it on the plaintiff or the plaintiff’s attorney, within 20 days counting from the day after you were served . Your disclosure must be made under Oath. It must state whether, at the time of service: (a) You had any goods or effects of the Defendant in your possession, and if so, their nature, amount, and value; OR (b) You were indebted to the Defendant, and if so, the nature and amount of the debt; OR (c) You had any monies of the Defendant in your possession for safekeeping and, if so, the amount thereof. * * * * * * * * * * * * * Regardless of whether you choose to appear or file a disclosure, you, as garnishee, are HEREBY ORDERED to hold and secure from the time of service of this summons, and until further ordered by the court, an amount of money equal to 120% of the amount of the judgment indicated above, including costs and interest. See H.R.S. Chapters 652 & 653 as amended. *SEE REVERSE, REGARDING FEDERAL WAGE GARNISHMENT LAW, FOR APPLICABLE RESTRICTIONS. You may also wish to obtain “Garnishee Information” (Form 1DC27) on the Judiciary’s website or from a court clerk. DATE ISSUED CLERK In accordance with the Americans with Disabilities Act and other applicable State and Federal laws, if you require a reasonable accommodation for a disability, please contact a disabilities accommodations coordinator at the relevant court or email [email protected] at least ten (10) working days prior to your hearing or appointment date. 04/2013 Page 1 H.R.S. Section 652-1, which governs the garnishee process, states the garnishee shall withhold, immediately upon the service of process, a portion of the salary, stipend, commissions, wages, annuity or net income under a trust (included under the term “wages” as provided by law) remaining after the deduction of any other amounts required by law to be withheld, as follows: five percent of the first $100 per month, ten percent of the next $100 per month, and twenty percent of all sums in excess of $200 per month, or the equivalent portion of the above amount per week, whether then or thereafter to become owing. H.R.S. Section 652-9 states the garnishee may be provided a hearing before a judge, if the plaintiff is given proper notice. Therefore, if a garnishee desires such a hearing, the garnishee may apply to the district judge or any judge of the court from which the summons issued, and the judge, having caused the plaintiff to be given reasonable notice, shall proceed to take the deposition of the garnishee, and shall then make any and all appropriate orders, at any time before the appointed time for the hearing on the garnishee summons and order. The completion of such a deposition by the garnishee shall fulfill the summons. If it appears there are conflicting claims to (1) any funds held for safekeeping, or (2) any debt or goods or effects in the garnishee's hands, then any time after the summons is served the garnishee may be permitted, upon order of the judge, to pay into the court any such funds held for safekeeping, debts, goods, or effects. The garnishee may deduct reasonable costs and attorney's fees allowed by the judge before depositing the funds or effects. The garnishee will thereupon be discharged. Regardless of whether the garnishee makes such payment into the court, any garnishee may, if there are conflicting claims to any such funds or effects, make application to the court for an interpleader order, and the judge shall thereupon make any and all just and reasonable orders. NOTE: (1) “Wages” includes salary, stipend, commissions, wages, annuity or net income or portion of net income under a trust. (2) No pension to which any person is entitled from the State of Hawaiʻi or any municipal subdivision thereof, shall be subject to taxes nor to garnishment, attachment, or execution upon or in any suit, action, or proceeding at law instituted by any person or by the State of Hawaiʻi or by any municipal subdivision thereof. (H.R.S., Section 653-3). IMPORTANT NOTICE REGARDING FEDERAL WAGE GARNISHMENT LAW. The garnishment restrictions of Title III of the Consumer Credit Protection Act (15 U.S.C. 1673) provide that no court of the United States or of any State may make, execute, or enforce any order or process which provides for the garnishment of the aggregate disposable earnings of any individual for any pay period in an amount which is in excess of the following: EFFECTIVE JULY 2009 Weekly Bi-Weekly Semi-Monthly Monthly $217.50 or less: $435.00 or less: $471.25 or less: $942.50 or less: None None None None More than $217.50 but less than $290.00: More than $435.00 but less than $580.00: More than $471.25 but less than $628.33: More than $ 942.50 but less than $1,256.66: Amount above $217.50 Amount above $435.00 Amount above $471.25 Amount above $942.50 $290.00 or more: $580.00 or more: $628.33 or more: $1,256.66 or more: Maximum 25% Maximum 25% Maximum 25% Maximum 25% NOTE: These restrictions do not apply in the case of (1) Court orders for the support of any person; (2) Court orders under Chapter XIII of the Bankruptcy Act; and (3) Any debt due for any State or Federal tax. The amount of disposable earnings exempt from garnishment must be paid to the employee or garnishee on the regular pay day for the pay period in which the wages were earned. “Disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. The above language is for informational purposes only. Please refer to the applicable Federal and Hawaiʻi law for any changes or updates. 04/2013 Page 2 Form 32. Agreement and Consent to Limited Representation. Agreement and Consent to Limited Representation In order to help you with your legal needs, you, ____________________________, the client (“Client”), and _________________________________, the attorney (“Attorney”), agree that Attorney will provide limited representation to help you with a specific legal matter for a short time or for a particular purpose. Attorney must act in your best interest and give you competent help. It is important that you be aware, however, that even after Attorney and you agree that Attorney will provide limited help: · Attorney DOES NOT HAVE TO GIVE MORE HELP in this limited representation than Attorney and you have agreed upon; and · Attorney DOES NOT HAVE TO HELP WITH ANY OTHER PART of your legal matter. In performing the limited legal services, Attorney: · Is not promising any particular outcome; and · Is relying entirely on your disclosure of facts and will not make any independent investigation unless such an investigation is expressly agreed to in writing in this document. --------------- I, the Attorney, agree to help you by performing the limited services listed below and no other service , unless we revise this agreement in writing. (Initial each applicable section) ____ Preparation of Pleadings and Documents : Draft pleadings, motions and other documents. (If I am not appearing in court on your behalf, the pleadings, motions and other documents will conspicuously display the following statement: “This document was prepared with the assistance of an attorney.”) (Optional) List of documents: ______________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ____ Court Appearance : I will appear in court for the limited purpose of: ________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ____ Discovery : Perform discovery by interrogatories, depositions, production of documents and/or request for admissions. ____ Settlement : I will appear on your behalf to negotiate a settlement (i.e. mediation, settlement conference, etc.) ____ Other : _________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ --------------- Page 1 of 3 Attorney will charge to Client the following costs: __________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________ Attorney will charge to Client the following fee for the limited legal representation: ________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ CLIENT’S CONSENT I have read this Agreement and Consent to Limited Representation and I understand it. I agree that the legal services listed above are the ONLY legal services to be provided by Attorney. I understand and agree that Attorney who is helping me with these services is not my attorney for any other purpose and does not have to give me more legal help. I agree to provide my cooperation to Attorney, including providing Attorney with sufficient information to responsibly provide the limited assistance I am seeking, and agree that failure to provide such cooperation may serve as a basis for Attorney to withdraw from this limited representation. I also understand Attorney will stop helping me when the services listed above have been completed. I have been informed of, and Attorney has explained to me, the material risks of and reasonably available alternatives to this proposed limited representation. I understand that when the legal services listed above have been completed, Attorney may file a "Notice of Withdrawal of Limited Appearance" and must give me notice. I further understand that if I object to Attorney's withdrawal, I will have 14 days from the filing of this notice to file an "Objection to Notice of Withdrawal of Limited Appearance" in compliance with Rule 11.1(b) of the Hawaiʻi Rules of Civil Procedure. Attorney may also file a motion to withdraw as counsel, in which case Attorney must provide me with notice to give me the opportunity to respond. I understand that this Agreement and Consent to Limited Representation may be filed with the court “in camera,” which means that it can only be viewed by the court. In exchange for Attorney’s limited representation, I agree to pay Attorney’s fees and costs described above. Signature of Client: _________________________________________________________ Printed name of Client: _______________________________________________________ The address I give below is my permanent address where I can be reached: Client address: _____________________________________________________________ Phone number: ____________________________ FAX: ____________________________ Message phone: ___________________________ Name of individual with whom messages may be left: _______________________________ Email address: ______________________________________________________________ Page 2 of 3 Attorney has reviewed this Agreement and agrees to the terms. ___________________________________________ Date: _________________________ [Attorney’s signature] ___________________________________________ [Attorney’s printed name] Page 3 of 3 Form 32-A. Notice of Limited Appearance. (FILING PARTY) Name & Attorney Number Mailing Address Phone Number Email Address Representing ______________________________ [ ] Plaintiff/Petitioner [ ] Defendant/Respondent IN THE CIRCUIT COURT OF THE _____________ CIRCUIT STATE OF HAWAIʻI ) CIVIL NO. _______________________________, ) ) Plaintiff/Petitioner, ) NOTICE OF LIMITED APPEARANCE ) ) vs. ) ) ) _______________________________, ) ) Defendant/Respondent. ) _______________________________________) JUDGE: ___________________________ NOTICE OF LIMITED APPEARANCE Attorney ____________________________ (“Attorney”) enters a Notice of Limited Appearance for _______________________________________ [ ] Plaintiff/Petitioner [ ] Defendant/Respondent, pursuant to Rule 11.1 of the Hawaiʻi Rules of Civil Procedure (“HRCP”). 1. Attorney’s appearance in this matter shall be limited to the following matter(s): [ ] ________________________________________________________________ [ ] ________________________________________________________________ [ ] ________________________________________________________________ [ ] ________________________________________________________________ [ ] ________________________________________________________________ Page 1 of 3 2.A copy of the “Agreement and Consent to Limited Representation” or a substantially similar document between Attorney and Client may be submitted in camera to the court in compliance with Rule 9 of the Hawaiʻi Court Records Rules. 3.Attorney is the attorney of record and available for service of process in accordance with HRCP Rules 4 and 5 for all matters related to paragraph #1 above. 4. Attorney hereby notifies this court that Client can be contacted as follows: Name: ____________________________________________________________________ Address: __________________________________________________________________ Telephone: _______________________________ FAX: ____________________________ Email: ____________________________________________________________________ 5.The attorney for opposing party [ ] may [ ] may not contact Client regarding matters not listed in paragraph #1 above without first consulting Attorney. 6.To terminate a limited scope representation either a “Notice of Withdrawal of Limited Appearance” or a motion to withdraw as counsel may be filed pursuant to HRCP Rule 11.1(b). Client shall be provided with notice and an opportunity to object. 7.This accurately sets forth the scope of Attorney’s limited representation. ___________________________________ _____________________________________________ Date Signature of Attorney Page 2 of 3 I have read and approve this notice: _________________________________ _____________________________________________ Date Signature of Client The ORIGINAL of the foregoing is filed with the court. COPIES of the foregoing were mailed/delivered this _________ day of ________, 20____, to: The Honorable _______________________________________ [can be presiding judge] . By: _________________________________________ Attorney for: __________________________________ Page 3 of 3 Form 32-B. Notice of Withdrawal of Limited Appearance. (FILING PARTY) Name & Attorney Number Mailing Address Phone Number Email Address Representing ______________________________ [ ] Plaintiff/Petitioner [ ] Defendant/Respondent IN THE CIRCUIT COURT OF THE _____________ CIRCUIT STATE OF HAWAIʻI ) CIVIL NO. _______________________________, ) ) Plaintiff/Petitioner, ) NOTICE OF WITHDRAWAL OF ) LIMITED APPEARANCE; ) CERTIFICATE OF SERVICE vs. ) ) ) _______________________________, ) ) Defendant/Respondent. ) _______________________________________) JUDGE: ___________________________ NOTICE OF WITHDRAWAL OF LIMITED APPEARANCE Attorney _________________________________________ (“Attorney”) hereby files notice of Attorney’s withdrawal of limited appearance for Client ______________________________ (“Client”) in the above-captioned matter. Client has 14 days from the filing of this notice to file an “Objection to the Withdrawal of Limited Appearance” pursuant to Rule 11.1(b)(4) of the Hawaiʻi Rules of Civil Procedure. DATED: _________________, Hawaiʻi, ____________________________________________. _____________________________________________ Attorney OPTIONAL: Client consents to this withdrawal: ____________________________________________ [Signature of Client] [attach proof of service upon the client here] Form 32-C. Objection to Withdrawal of Limited Appearance. (FILING PARTY) Name Mailing Address Phone Number Email Address Representing ______________________________ [ ] Plaintiff/Petitioner [ ] Defendant/Respondent IN THE CIRCUIT COURT OF THE _____________ CIRCUIT STATE OF HAWAIʻI ) CIVIL NO. _______________________________, ) ) Plaintiff/Petitioner, ) OBJECTION TO WITHDRAWAL OF ) LIMITED APPEARANCE; ) CERTIFICATE OF SERVICE vs. ) ) ) _______________________________, ) ) Defendant/Respondent. ) _______________________________________) JUDGE: ___________________________ OBJECTION TO WITHDRAWAL OF LIMITED APPEARANCE Pursuant to Rule 11.1(b)(4) of the Hawaiʻi Rules of Civil Procedure, Client ________________________ ______________________________________________________ (“Client”) hereby objects to the Notice of Withdrawal of Limited Appearance of Attorney _____________________________________ (“Attorney”) filed on ____________________, because ______________________________________________________________________________________ ______________________________________________________________________________________. DATED: _________________, Hawaiʻi , ______________________________________________. _______________________________________________ Client A hearing on this matter shall be held on _____________________, in Courtroom_____, at ________ a.m./p.m. Form 33. Notice of Request for Scheduling Conference (Effective 1/1/2022) [Name of Attorney & Bar Number or Self-represented Party] [Address] [Telephone No.] [Email] [Attorney for Plaintiff(s) or Plaintiff] IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAIʻI XXX, Plaintiff(s), vs. XXX, Defendant(s). ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. ___________ NOTICE OF REQUEST FOR SCHEDULING CONFERENCE; [PROPOSED] ORDER SETTING SCHEDULING CONFERENCE JUDGE: _______________ NOTICE OF REQUEST FOR SCHEDULING CONFERENCE Plaintiff enters a Notice of Request for Scheduling Conference pursuant to Rule 16)(b)(4) of the Hawaiʻi Rules of Civil Procedure (HRCP) and Rule 12(a)(4) of the Rules of the Circuit Courts of the State of Hawaiʻi (RCCH). HRCP 16(b)(2) and RCCH 12(a)(2) require the court to issue a Scheduling Order within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared, unless the court finds good cause for delay. The undersigned certifies that (check all that apply): [ ] the first service of the complaint on any defendant was on ____________ (date) [ ] the first appearance by any defendant was on _____________ (date) [[Footer language to be added sepcifying docket code to be used by filing party] and requests that the Scheduling Conference be held before _____________ (insert the applicable 60 or 90 day deadline). DATED: _____________, Hawaiʻi, ________________________________________. ______________________ ________________________ Signature of Attorney or Self-Represented Party Form 34. [PROPOSED] ORDER SETTING SCHEDULING CONFERENCE (Effective 1/1/2022) [Name of Attorney & Bar Number or Self-Represented Party] [Address] [Telephone No.] [Email] [Attorney for Plaintiff(s) or Plaintiff] IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAI ʻ I XXX, Plaintiff(s), vs. XXX, Defendant(s). ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. __________ [PROPOSED] ORDER SETTING SCHEDULING CONFERENCE Date: _____________________ Time: Judge: ____________________ [PROPOSED] ORDER SETTING SCHEDULING CONFERENCE (READ THIS ORDER CAREFULLY) IT IS HEREBY ORDERED that the parties shall appear (check one): [ ] In person [ ] Video Conference for a scheduling conference on _________________ at ________ __.m. before the Honorable ____________________, pursuant to Rule 16(b) of the Hawaiʻi Rules of Civil Procedure (HRCP) and Rule 12(a) of the Rules of the Circuit Courts of the State of Hawai ʻ i (RCCH). 1. Lead trial counsel and self-represented parties are required to attend. 2. In person conferences are held in the judge’s courtroom located at _______________________________________________________ (insert address). Please [[Footer language to be added sepcifying docket code to be used by filing party] be prompt and inform the Law Clerk of your presence. Video conferences are conducted via Zoom . Parties are instructed to read the court’s Zoom Video Conferencing Instructions for Attorneys and Other Participants filed in this case to participate in a video conference. 3. The parties are reminded that a meeting of the parties must occur at least 21 days before the scheduling conference. The parties must confer in good faith on the following: · The basis of their claims and defenses; · Possibilities for promptly settling or resolving the case; · Initial disclosures as required by HRCP 26(a)(1); · Assignment of the case to an expedited or non-expedited track under HRCP 16.1; · Issues about preserving discoverable information; and · A proposed discovery plan as required by HRCP 26(f)(3) and RCCH 12(a)(6)(C). HRCP 26(f); RCCH 12(a)(6). The parties are expected to review the applicable court rules which set forth in detail the information the parties are required to discuss. 4. A joint report of the parties outlining the parties’ discovery plan must be filed within 14 calendar days after the meeting of the parties. HRCP 26(f); RCCH 12(a)(6)(B). 5. Each party shall file a scheduling conference statement in accordance with RCCH 12(a)(7) no later than 7 calendar days before the scheduling conference. 6. Plaintiff(s) is(are) required to promptly serve this Order on all parties who have been served with the complaint, but who have not yet appeared in this case. Plaintiff(s) must also serve this Order on all unrepresented parties who are not JEFS Users and who have not consented to electronic service. 7. Failure to comply with either any part of this Order or to attend the scheduling conference may result in sanctions (including fines, dismissal, entry of default, and an award of attorneys’ fees and costs). RCCH 12(l). DATED: ___________, Hawaiʻi, ___________________________________________. ___________________________________________ Judge of the above-entitled Court 2 Form 35. CERTIFICATE OF SERVICE (Effective 1/1/2022) [Attorney Name & Bar No. or Name of self-represented party] [Address] [Telephone no.] [Email] [Attorney for Plaintiff(s) or Unrepresented Plaintiff] IN THE CIRCUIT COURT OF THE ______ CIRCUIT STATE OF HAWAIʻI XXX, Plaintiff(s), vs. XXX, Defendant(s). CIVIL NO. ______ CERTIFICATE OF SERVICE (RE: ORDER SETTING SCHEDULING CONFERENCE) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct file marked copy of the ORDER SETTING SCHEDULING CONFERENCE was served on all parties who have been served with the complaint either electronically through the Hawaiʻi Judiciary Electronic Filing System (“JEFS”) or conventionally via U.S. Mail at their last known address(es) on the date indicated below: [Name of Party] [Manner of Service] [Date] DATED: _____________, Hawaiʻi _________________________________________. ________________________________________ Plaintiff/Plaintiff’s Counsel [Footer language to be added specifying docket code to use upon filing] (11/18/21) Form 36. JOINT REPORT OF PARTIES (Effective 1/1/2022) [Attorney Name & Bar No. or Name of self-represented party] [Address] [Telephone no.] [Email] [Attorney for _________ or self-represented party] IN THE CIRCUIT COURT OF THE __________ CIRCUIT STATE OF HAWAIʻI XXX, Plaintiff, vs. XXX, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL NO. ______________ JOINT REPORT OF THE PARTIES Scheduling Conference: ________ Judge: _______________ JOINT REPORT OF THE PARTIES (HRCP 26(f)(2) and RCCH 12(a)(6)(B) require the parties to file a joint report within 14 days after the parties’ meeting.) In accordance with Rule 26(f)(2) of the Hawaiʻi Rules of Civil Procedure (HRCP) and Rule 12(a)(6)(B) of the Rules of the Circuit Courts of the State of Hawaiʻi (RCCH), the parties signing below met ( check one ) [ ] in person [ ] by telephone [ ] by video on ________________ ( insert date ) and certify they conferred in good faith about the following: ü the nature and basis of their claims and defenses; ü the possibilities for promptly settling or resolving the case; ü making or arranging for disclosures required by HRCP 26(a)(1); ü whether the case should be assigned to an expedited or non-expedited track for trial under HRCP 16.1; [Footer language to be added specifying docket code to be used by filing party] ü preserving discoverable information; and ü a proposed discovery plan. A. Disclosures under HRCP 26(a) (check all that apply) : Initial Disclosures – HRCP 26(a)(1) : [ ]Initial disclosures were or will be made by Plaintiff(s) on ____________ (date). [ ]Initial disclosures were or will be made by Defendant(s) on _________ (date). [ ]Changes in the timing, form, or requirements for initial disclosures under HRCP 26(a)(1) should be made as follows: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Expert Disclosures – HRCP 26(a)(2): [ ] Expert Disclosures will be made: 1. By parties having the burden of proof on a claim or an affirmative defense no later than 120 days before the trial date to be set by the court; 2. By parties opposing a claim for relief or an affirmative defense no later than 90 days before the trial date to be set by the court; and 3. By parties intending to present evidence solely to rebut evidence on the subject matter identified for the first time by a party opposing a claim for relief or an affirmative defense no later than 60 days before the date set for trial. OR [ ] Changes in the timing, form, or requirements for expert disclosures under HRCP 26(a)(2) should be made as follows: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2 (11/18/21) B. Discovery : 1. Discovery may be needed on the following subjects: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2. Discovery should be completed by: ___________________________ (date). 3. Discovery should be conducted in phases or be limited to or focused on particular issues as follows: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ C. Electronically Stored Information (ESI) : As to any issues about disclosure, discovery, or preservation of ESI, including the form or forms in which it should be produced, the parties report: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ D. Claims of Privilege or of Protection as Trial-Preparation Materials : (parties should identify whether they anticipate any claims of privilege or of protection as trial-preparation materials; whether the parties agree on a procedure to assert these claims after production (i.e., claw back), and whether they ask the court to include their agreement in an order under Rule 502 of the Hawaiʻi Rules of Evidence): ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 3 (11/18/21) E. Changes, if any, to be Made in Limitations on Discovery : (parties should discuss and report on whether any changes should be made to the limitations on discovery set forth in the HRCP or the RCCH, and any other limitations that should be imposed): _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ F. Other Orders : (parties should report on whether there are any other orders that the court should issue under HRCP 26(c) or under HRCP 16(b) and (c)). _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ G. Other Matters : (parties should report on whether they are amenable to ADR; and any other miscellaneous matter they believe is relevant to the scheduling conference with court): _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ SUBMITTED BY: ___________________________ ________________________________ Plaintiff / Counsel for Plaintiff(s) Defendant / Counsel for Defendant(s) <<additional signature lines to be added if multiple parties>> 4 (11/18/21)