(a) To what proceedings not applicable. Except as expressly otherwise provided by statute or rule of court, these rules shall not apply to: (1) The small claims division of the district courts; (2) Proceedings for the forfeiture of bonds under section 804-51 of the Hawai'i Revised Statutes, as the same may be renumbered. (3) Judicial review pursuant to Rule 72. (4) Actions for relief from harassment maintained pursuant to HRS Section 604-10.5, as the same may be renumbered. In small claims actions, the Rules of the Small Claims Division of the District Courts shall apply. In other proceedings not governed by District Court Rules of Civil Procedure, Rule 31 of the Rules of District Courts of the State of Hawai'i shall apply.
(b) Other statutory proceedings. These rules shall apply to the following proceedings except insofar as and to the extent that they are inconsistent with specific statutes of the State or rules of court relating to such proceedings: (1) Proceedings for the forfeiture of property for violation of a statute; (2) Proceedings for enforcement of an order, subpoena, or other power of an administrative agency; (3) Proceedings under part III of chapter 142, Hawai'i Revised Statutes; (4) Actions for the collection of taxes; (5) Any proceeding to which the Uniform Commercial Code, chapter 490 of the Hawai'i Revised Statutes, applies. (c.1) Place of filing small claims. Rule 3(c) shall govern the place of filing of statements of claim in the small claims divisions of the district courts. (i) Applicability in general. Except as otherwise provided in this Rule 81, these rules shall apply to all actions and proceedings of a civil nature in any district court. (j) References to incompetent person. Under any rule in which reference is made to an incompetent person the term "incompetent person" includes any person, other than an infant, for whom a guardian may be appointed pursuant to statute. Haw. Dis. Ct. R. Civ. P. 81
COMMENTS:
Adopts DCRCP Rule 81.
Adds to DCRCP Rule 81(a) subdivisions (3) and (4) which generally exempts Rule 72 Administrative Appeals and HRS § 604-10.5 temporary restraining orders against harassment situations from the full application of these procedures. Rule 72 appeals should be exempt since Rule 72 does not contemplate an evidentiary hearing. HRS § 604-10.5 hearings should be exempt from the full application of these procedures because these are summary proceedings almost always involving only parties appearing pro se. The application of discovery and formal pleading requirements to these proceedings would defeat the legislative intent to defuse these dangerous situations. The statutory reference in 81(a)(2) has been updated and a cross-reference has been added to District Court Rules where applicable.