SETTLEMENT OF JUDGMENTS, DECREES, AND ORDERS

Rules of the Circuit Courts

Rule: 23

Jurisdiction: HI

Bluebook Citation: RCCH 23

(a) Preparation. Within 10 days after a decision of the court awarding any judgment, decree, or order, including any interlocutory order, the prevailing party, unless otherwise ordered by the court, shall prepare a judgment, decree, or order in accordance with the decision, attempt to secure approval as to form from all other parties, and following such approval deliver, by filing conventionally or electronically, the original and 1 copy to the court. (b) Party Approval or Objection to Form; Delivery to Court. If there is no objection to the form of a proposed judgment, decree, or order, the other parties shall promptly approve as to form. If a proposed judgment, decree, or order is not approved as to form by the other parties within 5 days after a written request for approval, the drafting party shall deliver, by filing conventionally or electronically, the original and 1 copy to the court along with notice of service on all parties and serve a copy thereof upon each party who has appeared in the action. If any party objects to the form of a proposed judgment, decree, or order, that party shall, within 5 days after service of the proposed judgment, decree, or order, serve upon each party who has appeared in the action and deliver to the court, either conventionally or through electronic filing: (1) A statement of objections and the reasons therefor, and (2) The form of the objecting party's proposed judgment, decree, or order. In such event, the court shall proceed to settle the judgment, decree, or order. Failure to file and serve objections and a proposed judgment, decree, or order shall constitute approval as to form of the drafting party's proposed judgment, decree, or order. (c) No Waiver of Right to Appeal. Approval as to form shall not affect the right, or constitute waiver of the right, of any party to appeal from any judgment, decree, or order issued. (d) Court Approval; Sanctions. If a proposed judgment, decree, or order is consistent with the verdict of the jury or the decision of the court, the court shall cause the judgment, decree, or order to be entered forthwith. If a proposed judgment, decree, or order is not consistent with the verdict of the jury or the decision of the court, the court may require submission of a conforming judgment, decree, or order. The court may impose a monetary sanction against a party who submits a defective or untimely judgment, decree, or order. (e)Request for Entry. If the drafting party fails to timely submit a proposed judgment, decree, or order to the court, any other party may present, through conventional or electronic filing, a proposed judgment, decree, or order to the court for approval and entry. A request for entry must represent that the drafting party failed to timely submit a proposed judgment, decree, or order as required by this Rule. (Amended October 27, 1993, effective November 27, 1993; further amended December 20, 1993, effective December 20, 1993; further amended September 11, 1996, effective January 1, 1997; further amended March 6, 2009, effective July 1, 2009; further amended January 28, 2010, effective July 1, 2010; further amended October 4, 2019, effective October 28, 2019.)

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