Haw. R. Civ. P. 15 (2026)

Rule 15. AMENDED AND SUPPLEMENTAL PLEADINGS (a) Amendments before trial (1) Amending as a matter of course (2) Other amendments (3) Time to respond (b) Amendments during and after trial (1) For issues tried by consent (2) Based on objection at trial (c) Relation back of amendments (d) Supplemental pleadings Rule 16. PRE-TRIAL CONFERENCES; SCHEDULING; MANAGEMENT (a) Pretrial conferences; objectives (b) Scheduling and planning (1) Issuing order (2) Time to issue (3) Contents of the scheduling order (a) Required contents (b) Permitted contents (4) Scheduling conference (5) Modifying a schedule (c) Subjects for consideration at pretrial conferences (d) Final pretrial conference (e) Pretrial orders (f) Sanctions Rule 16.1 EXPEDITED OR NON-EXPEDITED TRACK ASSIGNMENT BASED ON CASE CHARACTERISTICS; DISCOVERY LIMITATIONS; TRIAL SETTING (a) Assignment of case to expedited track (b) Exempt actions (c) Limitations on discovery in expedited track cases (d) Trial setting for expedited track and non-expedited track cases Rule 16.2. APPEARANCE BY TELEPHONIC OR VIDEOCONFERENCE CALL (a) Telephonic or videoconferencing call allowed (b) Telephonic or videoconferencing call not allowed (c) Arranging telephonic or videoconferencing call iv (Release: 06/26)

Hawaiʻi Rules of Civil Procedure Table of Contents IV. PARTIES Rule 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY (a) Real party in interest (b) Reserved (c) Infants or incompetent persons (d) Unidentified defendant Rule 18. JOINDER OF CLAIMS AND REMEDIES (a) Joinder of claims (b) Joinder of remedies; fraudulent conveyances Rule 19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION (a) Persons to be joined if feasible (b) Determination by court whenever joinder not feasible (c) Pleading reasons for nonjoinder (d) Exception of class actions Rule 20. PERMISSIVE JOINDER OF PARTIES (a) Permissive joinder (b) Separate trials Rule 21. MISJOINDER AND NONJOINDER OF PARTIES Rule 22. INTERPLEADER Rule 23. CLASS ACTIONS (a) Prerequisites to a class action (b) Class actions maintainable (c) Determination by order whether class action to be maintained; notice; judgment; actions conducted partially as class actions (d) Orders in conduct of actions (e) Dismissal or compromise (f) Distribution Rule 23.1. DERIVATIVE ACTIONS BY SHAREHOLDERS Rule 23.2. ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS (Release: 06/26) v

Table of Contents Hawaiʻi Rules of Civil Procedure Rule 24. INTERVENTION (a) Intervention of right (b) Permissive intervention (c) Procedure (d) Notice of Claim of Unconstitutionality Rule 25. SUBSTITUTION OF PARTIES (a) Death (b) Incompetency (c) Transfer of interest (d) Public officers; death or separation from office Rule 25.1. WITHDRAWAL, SUBSTITUTION, AND APPEARANCE OF COUNSEL V. DEPOSITIONS AND DISCOVERY Rule 26. GENERAL PROVISIONS GOVERNING DISCOVERY (a) Required disclosures (1) Initial disclosure (2) Expert disclosures (A) Expert witnesses who must provide a written report (B) Expert witnesses who are not required to provide a written report (C) Time to disclose expert testimony (3) Supplementing disclosures (b) Discovery scope and limits (1) In general (2) Limitations (3) Insurance agreements (4) Trial preparation: Materials (5) Trial preparation: Experts (c) Protective Orders (d) Timing and Sequence of Discovery (1) Timing (2) Sequence (e) Supplementation of Responses (f) Conference of the parties; planning for discovery (1) Conference timing (2) Conference content; parties’ responsibilities (3) Discovery plan (g) Discovery Conference (h) Signing of Discovery Requests, Responses, and Objections vi (Release: 06/26)

Hawaiʻi Rules of Civil Procedure Table of Contents Rule 27. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL (a) Before Action (1) Petition (2) Notice and Service (3) Order and Examination (4) Use of Deposition (b) Pending Appeal (c) Perpetuation by Action Rule 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN (a) Within the United States (b) In Foreign Countries (c) Disqualification for Interest Rule 29. STIPULATIONS REGARDING DISCOVERY PROCEDURE Rule 30. DEPOSITIONS UPON ORAL EXAMINATION (a) When Depositions May Be Taken; When Leave Required (b) Notice of Examination: General Requirements; Method of Recording; Production of Documents, Electronically Stored Information, and Tangible Things; Deposition of Organization; Deposition by Telephone (c) Examination and Cross-Examination; Record of Examination; Oath; Objections (d) Schedule and Duration; Motion to Terminate or Limit Examination (e) Review by Witness; Changes; Signing (f) Certification and Delivery by Officer; Exhibits; Copies (g) Failure to Attend or to Serve Subpoena; Expenses Rule 31. DEPOSITIONS UPON WRITTEN QUESTIONS (a) Serving Questions; Notice (b) Officer to Take Responses and Prepare Record (c) Notice of Filing Rule 32. USE OF DEPOSITIONS IN COURT PROCEEDINGS (a) Use of Depositions (b) Pretrial Disclosures (c) Objections to Admissibility (d) Form of Presentation (e) Effect of Errors and Irregularities in Depositions (1) As to Notice (2) As to Disqualification of Officer (3) As to Taking of Deposition (4) As to Completion and Return of Deposition (Release: 06/26) vii

Table of Contents Hawaiʻi Rules of Civil Procedure Rule 33. INTERROGATORIES TO PARTIES (a) Availability (b) Answers and Objections (c) Scope; Use at Trial (d) Option to Produce Business Records Rule 34. PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION AND TANGIBLE THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES (a) Scope (b) Procedure (c) Persons Not Parties (d) Requests for Production of Documents or Electronically Stored Information Rule 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS (a) Order for Examination (b) Report of Examiner Rule 36. REQUESTS FOR ADMISSION (a) Request for Admission (b) Effect of Admission Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS (a) Motion for Order Compelling Discovery (1) Appropriate Court (2) Motion (3) Evasive or Incomplete Answer or Response (4) Expenses and Sanctions (b) Failure to Comply With Order (1) Sanctions by Court in Circuit Where Deposition Is Taken (2) Sanctions by Court in Which Action Is Pending (c) Failure to Disclose; False or Misleading Disclosure; Refusal to Admit (d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection (e) Expenses Against the State (f) Failure to Preserve Electronically Stored Information viii (Release: 06/26)

Hawaiʻi Rules of Civil Procedure Table of Contents VI. TRIALS Rule 38. JURY TRIAL OF RIGHT (a) Right preserved (b) Demand (c) Same: Specification of issues (d) Waiver Rule 39. TRIAL BY JURY OR BY THE COURT (a) By jury (b) By the court. (c) Advisory jury and trial by consent. Rule 40. ASSIGNMENT OF CASES FOR TRIAL Rule 41. DISMISSAL OF ACTIONS (a) Voluntary dismissal: Effect thereof (1) By plaintiff; by stipulation (2) By order of court (b) Involuntary dismissal: Effect thereof (c) Dismissal of counterclaim, cross-claim, or third-party claim (d) Costs of previously-dismissed action Rule 41.1. DOCUMENTS DISMISSING AN ACTION OR ANY PART THEREOF PURSUANT TO RULES 41(a)(1)(A), 41(a)(1)(B), AND/OR 41(c) OF THE HAWAIʻI RULES OF CIVIL PROCEDURE (a) Presentation of notices of and stipulations for dismissal (b) Information required in notices of and stipulations for dismissal Rule 42. CONSOLIDATION; SEPARATE TRIALS (a) Consolidation (b) Separate trials Rule 43. TAKING OF TESTIMONY (a) Form (b) Presentation of expert testimony (c) Record of excluded evidence (d) Affirmation in lieu of oath (e) Evidence on motions (f) Interpreters (Release: 06/26) ix

Table of Contents Hawaiʻi Rules of Civil Procedure Rule 44. PROOF OF OFFICIAL RECORD (a) Authentication (1) Domestic (2) Foreign (b) Lack of record (c) Other proof Rule 44.1. DETERMINATION OF FOREIGN LAW Rule 45. SUBPOENA (a) For attendance of witnesses; form; issuance (b) For production of documentary evidence (c) Service (d) Subpoena for taking depositions; place of examination (e) Duties in responding to subpoena (f) Contempt Rule 46. EXCEPTIONS UNNECESSARY Rule 47. JURORS (a) Conduct of jury selection (b) Alternate jurors (c) Questioning by jury (d) Note taking by jurors (e) Excuse Rule 48. JURIES OF LESS THAN TWELVE -- MAJORITY VERDICT Rule 49. SPECIAL VERDICTS AND INTERROGATORIES (a) Special verdicts (b) General verdict accompanied by answer to interrogatories Rule 50. JUDGMENT AS A MATTER OF LAW IN JURY TRIALS; ALTERNATIVE MOTION FOR NEW TRIAL; CONDITIONAL RULINGS (a) Judgment as a matter of law (b) Renewing motion for judgment after trial; alternative motion for new trial (c) Granting renewed motion for judgment as a matter of law; conditional rulings; new trial motion (d) Same: Denial of motion for judgment as a matter of law x (Release: 06/26)

Hawaiʻi Rules of Civil Procedure Table of Contents Rule 51. INSTRUCTIONS TO JURY (a) Pre-instruction (b) Requests (c) Settlement (d) Court's instructions (e) Oral comment (f) Instructions and objections Rule 52. FINDINGS BY THE COURT (a) Effect (b) Amendment (c) Judgment on partial findings Rule 53. MASTERS (a) Appointment and compensation (b) Reference (c) Powers VII. JUDGMENT Rule 54. JUDGMENTS; COSTS; ATTORNEYS' FEES (a) Definition; form (b) Judgment upon multiple claims or involving multiple parties (c) Demand for judgment (d) Costs; attorneys' fees (1) Costs other than attorneys' fees (2) Attorneys' fees Rule 55. DEFAULT (a) Entry (b) Judgment (1) By the clerk (2) By the court (c) Setting aside default (d) Plaintiffs, counterclaimants, cross- claimants (e) Judgment against the state, etc. (Release: 06/26) xi

Table of Contents Hawaiʻi Rules of Civil Procedure Rule 56. SUMMARY JUDGMENT (a) For claimant (b) For defending party (c) Motion and proceedings thereon (d) Case not fully adjudicated on motion (e) Form of affidavits; further testimony; defense required (f) When affidavits are unavailable (g) Affidavits made in bad faith (h) Form of order Rule 57. DECLARATORY JUDGMENTS Rule 58. ENTRY OF JUDGMENT Rule 59. NEW TRIALS; AMENDMENT OF JUDGMENTS (a) Grounds (b) Time for motion (c) Time for serving affidavits (d) On court's initiative; notice; specifying grounds (e) Motion to alter or amend judgment Rule 60. RELIEF FROM JUDGMENT OR ORDER (a) Clerical mistakes (b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. Rule 61. HARMLESS ERROR Rule 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT (a) Automatic stay; exceptions - Injunctions, receiverships, and accountings (b) Stay on motion for new trial or for judgment (c) Injunction pending appeal (d) Stay upon appeal (e) Stay in favor of the state, etc. (f) Reserved (g) Power of supreme court and intermediate court of appeals not limited (h) Stay of judgment as to multiple claims or multiple parties Rule 63. INABILITY OF A JUDGE TO PROCEED xii (Release: 06/26)

Hawaiʻi Rules of Civil Procedure Table of Contents VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS Rule 64. SEIZURE OF PERSON OR PROPERTY Rule 65. INJUNCTIONS (a) Preliminary injunction (1) Notice (2) Consolidation of hearing with trial on merits (b) Temporary restraining order; notice; hearing; duration (c) Security (d) Form and scope of injunction or restraining order (e) Civil defense and emergency act cases Rule 65.1. SECURITY: PROCEEDINGS AGAINST SURETIES Rule 66. RECEIVERS APPOINTED BY COURTS Rule 67. DEPOSIT IN COURT Rule 68. OFFER OF SETTLEMENT OR JUDGMENT Rule 69. EXECUTION Rule 70. JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE Rule 71. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES (Release: 06/26) xiii

Table of Contents Hawaiʻi Rules of Civil Procedure IX. APPEAL Rule 72. APPEAL TO A CIRCUIT COURT (a) How taken (b) Time (c) Service (d) Record on appeal (1) Designation (2) Counter designation (e) Statement of case (f) Briefs; oral argument (1) Briefs; Deadlines (2) Requirements (3) Oral argument (g) Trial by jury (h) Costs (i) Stay (j) Reserved (k) Judgment Rule 73. to 76. DELETED X. CIRCUIT COURTS AND CLERKS Rule 77. CIRCUIT COURTS AND CLERKS (a) Circuit courts always open (b) Trials and hearings; orders in chambers (c) Clerk's office and orders by clerk (d) Notice of orders or judgments (e) Reserved Rule 78. MOTION DAY