Hawaii District Court System
Hawaii’s multi-tiered District Court system is an integral part of the state’s judicial hierarchy. It operates concurrently with the Supreme Court and Intermediate Court of Appeals as the trial court of general jurisdiction and, within the state court system, it is below the Circuit Court. In its capacity as a trial court, the District Courts are divided into two subject-matter divisions: the Criminal and Civil Divisions . The District Courts maintain civil and criminal handles for all nonfelony cases. The state is divided into 5 judicial districts as follows: Each District Court has one Chief Judge and 2-16 judges that are qualified to practice law in Hawaii. Each of the Divisions are not subject to Geographic assignment.
The Ten Most Important Rules
Although Hawaii’s District Courts are organized into four divisions (East Kauai, West Kauai, Maui, and Oahu, each pursuant to its own administrative order), the procedural rules for these courts are uniform across the state. For example, Hawaii’s Rules of Civil Procedure apply in the District Court just as they do in the Circuit Court, while Hawaii Small Claims Rules govern small claims actions in the District Court. Hawai’i Defenders Fund v. HSF I, LLC, 142 Hawai’i 95, 103, 424 P.3d 1177, 1185 (2018) ("The District Court has jurisdiction over small claims not exceeding the sum of $10,000…").
Hawaii’s District Courts also employ several rules that are typically found only in the state’s District Courts or those of few other states (including, Connecticut, Georgia, Kentucky, and New Jersey). One of the most important is the Hawaii District Courts’ Rule 73(b), which allows courts to "award as damages the amount which appears to be the highest amount lawfully recoverable" by a plaintiff. See Haw. Dist. Ct. R. CIV. P. Rule 73(b). In other words, it permits courts to award damages greater than what is typically $10,500 statutory limit without requiring an extended trial. Id. In contrast, Virginia Circuit Courts (which are also limited jurisdiction courts similar to Hawaii’s District Courts) require that a jury award be given if it exceeds the statutory damages limit. See Morris v. Commonwealth of Virginia, 25 Va. App. 92, 96 (Virginia Trial Court was "required to award the smaller of the jury’s award or the $50,000 maximum allowed by statute.")(citing Virginia statutory code).
In addition to the Hawaii District Courts’ unique approach to granting relief in excess of $10,500, Hawaii law provides that any civil suit resolved in the District Court is appealable to the Circuit Court pursuant to Hawaii Revised Statutes section 602-57, which states: "Defendants, except those in ejectment cases, shall have the right of direct appeal to the [Hawaii] intermediate appellate court from all final orders and judgments made after entry of a preliminary order denying arbitration or after a tenant has been found guilty of a summary possession violation." Haw. Rev. Stat. ยง 602-57. In other words, the statutory provision cuts off appeals from final judgments in civil cases in the District Courts with the exception of cases arising under appeals from orders denying arbitration and summary possession cases.
The Filing and Submission Rules
When filing in the United States District Court for the District of Hawaii, parties should be mindful of deadlines and procedures for filing documents. A party is responsible for filing all documents in the case unless otherwise authorized by order of the court or the Federal Rules of Civil Procedure. See Local Rule LR10.1. Local Rule LR10.3 governs the length and weight of the paper submissions to the District courts. When filing documents electronically, the documents must be signed using an "electronic filing system login/ password" or, if the person filing the document is unrepresented, his or her signature must be scanned on to the document. See LR10.2. If a party does not wish to provide the original court filing and serve a copy, "the court will accept a ‘text’ version of a document. . . ." LR10.3. Documents shall be printed on paper "eight and one half x 11 inches." LR10.4. All parties are required to submit any relevant pleadings, motions, or applications electronically with the District Court. Parties shall register to use the Electronic Filing System at the District of Hawaii website and shall be assigned a "user login and password." LR10.5(a). "Within five days of being served with a complaint, each defendant shall file a notice of removal and a copy of all process, pleadings and orders served upon the defendant in the state court action removing the action to the Federal Court." LR101(b). The following are considered "adverse effects to the public interest" and will be struck by the Court sua sponte: "Any fee paid into court or other official office of the United States as a result of tax imposed by an Act of Congress administered by the Internal Revenue Services." LR101(d) All memoranda and other pleadings of parties shall be not more than 35 pages including copies of any necessary signature page(s) unless otherwise allowed by order of the court. LR 7.4 "Should a trial or hearing date be set prior to the time a motion is due, the memorandum in opposition shall be filed thirty days, and the reply memorandum shall be filed twenty days, prior to the date of trial or hearing unless the court sets a shorter period by order after giving all parties reasonable opportunity to respond." LR 7.4(c) Motions for dismissal or judgment under Federal Rules of Civil Procedure sections 12(b) or (c) shall be heard within 90 days of the date first set by the court for the filing of the motions. LR 7.4(c)(1).
The Top New Rule Amendments
The United States District Court for the District of Hawaii recently made numerous updates to its Local Rules. Below we highlight only a few of those changes that may affect practitioners and litigants.
Frivolous Paperwork
Previously, civility was enforced with the threat of sanctions under Rule 11 of the Federal Rules of Civil Procedure, and financial sanctions were often the only way to deter frivolous paperwork. However, the Hawaii District Court has now decided to nip the problem in the bud. The new Local Rules permit the Court to impose up to $500 in the absence of any notice or hearing. Conduct subject to sanction includes filing papers deemed "frivolous, unreasonable, bad faith, unduly obstreperous, unnecessarily vexatious, or presented primarily for purposes of harassment."
Discovery
Significant changes have been made to Rule 26, which concerns discovery, as well as Rule 37, which concerns court sanctions for failure to cooperate. With regard to Rule 26, attorneys must now certify that they have provided the requisite initial disclosures to other parties. Monetary sanctions may be issued pursuant to Rule 37 if parties fail to meet this requirement. Further , documents produced during discovery may be used against parties in future applications or motions and may be used by the Court in evaluating their good faith.
Effective Service
Under the new rules, service via regular mail is no longer permitted, and service of papers may not be made by personal delivery to the Clerk. If service is completed via regular mail, the documents will be deemed served ten (10) days after mailing. Further, if documents are mailed to a party, the party has an additional three (3) days to file their response. Accordingly, attorneys should be careful with what they decide to send via snail mail because if they miss the three-day deadline to respond, the Court will still penalize them even if the party claiming prejudice received the document late. Therefore, it may be better to send documents through the e-filing system and send courtesy copies by mail than to run the risk of excluding material evidence. These new rules are sure to come into play in contentious litigation. Practitioners should update their methods of communications with parties accordingly.
How to Prepare for a District Court Case
Not only must you know the rules, but you must also follow them. Matters in the Hawaii District Court are subject to scrutiny and interpretation by rules of procedure that have been designed to provide orderly development of the case so that it can be resolved without undue delay, expense or surprise. Failure to comply with rules may result in the ultimate dismissal of your case. Practice pointers include the following: You may represent yourself in District Court, and procedural rules relating to the time and place of trial, the methods for securing and compelling attendance of witnesses, obtaining documents and records from witnesses, discovery including depositions, interrogatories and production of documents, motions, summary judgment, assertions of privilege, stipulations, burden or production or persuasion and judicial notice are applicable to individuals as well as to attorneys. The District Court has court-appointed volunteer counsel who may temporarily represent self-represented persons. Generally, the volunteer counsel program ensures that some lawyers will donate their time and effort to represent persons who might not otherwise be able to afford an attorney to represent them in District Court.
What Resources Are Available to Understand the Rules
There are various resources available to assist in understanding the Hawaii District Court Rules. Local legal aid organizations and legal information websites can be particularly helpful. Government resources are also available, including the Hawaii State Judiciary’s website.
The Hawaii State Judiciary’s website contains the Hawaii Court Rules. A PDF version of the Hawaii Rules and Procedures is available online here: http://www.courts.state.hi.us/docs/HRuC_Amended2007.pdf (downloadable and printable). You can also select the individual rules here: http://www.courts.state.hi.us/hirules/hirulesindex.html.
The Oahu Bar Association website has a useful page entitled "Legal Links – Community Legal Assistance." This page can be found here: http://www.oahubarlawyer.org/legal_links.htm#Community%20Legal%20Assistance.
Here is the link to the Hawaii State Judiciary’s "Self Help" website: http://www.courts.state.hi.us/selfhelp/. This website provides access to a variety of self-help program information and resources. Search the website for links to community resources that can assist in obtaining legal information and advice.
Cape Cod Legal Services , Inc. ("CCLS") is a nonprofit organization that provides free legal information and representation to low and moderate income people. CCLS offers legal information and advice through its Lawyers for the Day Program and Family Law Help Center. In the Lawyers for the Day Program, volunteer attorneys provide limited legal advice and guidance. The Family Law Help Center assists individuals with family law issues.
Other legal aid organizations may also offer free legal assistance to individuals in need. These organizations often focus on specific populations (such as the elderly) or specific types of cases. For example, the Hawaii State Judiciary’s Family Court Self-Help Desk offers information on family law matters for self-represented litigants in Oahu.
The Hawaii State Judiciary website contains a list of "Legal Reference Centers" that provide public access to equipment and resources to assist with legal research, including the law library and several volunteer legal centers: http://www.courts.state.hi.us/courts/legal_reference_centers.html.