Haw. Prob. R. 1

As amended through September 30, 2024

Rule 1 - Scope of Rules; Interpretation; Electronicfiling; Automation

(a)Scope of Rules. These Rules govern the procedure in the circuit courts of the State of Hawai'i in all probate, conservatorship, guardianship, trust, legal representation for no fault benefits, and determination of death proceedings, and more particularly proceedings arising under Hawai'i Revised Statutes Chapters 531 [Probate: Jurisdiction and Procedure], 532 [Descent of Property], 533 [Dower and Curtesy], 535 [Specific Performance of Deceased's Contracts to Convey Real Estate], 551 [Guardians and Wards], 551A [Office of the Public Guardian], 551D [Uniform Durable Power of Attorney Act] but only to the extent of issues arising from or between the attorney in fact and an incapacitated or deceased principal, 553A [Uniform Transfers to Minors Act], 554 [Trusts and Trustees; Accounts], 554A [Uniform Trustees' Powers Act], 554B [Uniform Custodial Trust Act], 554C [Uniform Prudent Investor Act], 556 [Uniform Fiduciaries Act], 557A [Uniform Principal and Income Act], and 560 [Uniform Probate Code] except Article V, Parts 2 and 6, and Section 603-21.6 [Probate Jurisdiction]. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding.

(b)Interpretation and Enforcement of Rules. These Rules shall beread and construed with reference to each other, the Hawai'i Electronic Filingand Service Rules, and the Hawai'i Court Records Rules.

(c)Effect of Electronic Filing and Service Rules. Documents filed and notices given in accordance with the Hawai'i Electronic Filing and Service Rules shall be deemed to comply with the filing, mailing,certified mailing, notice and service requirements of any part of these Rules.

(d)Effect of Automation on Process and Procedures. Duties set outin these Rules may be performed by automation.

Haw. Prob. R. 1

Amended November 12, 1997, effective 12/15/1997; further amended April 28, 2006, effective 7/1/2006; further amended September 26, 2019, effective 10/28/2019.

COMMENTARY:

These Rules encompass all matters arising under Titles 29, 30, and 30A of the Hawai'i Revised Statutes, with 5 exceptions:

- Chapter 551A [Office of the Public Guardian] comes within the scope of the circuit court and the family court.

- Disputes involving powers of attorney where the issues do not relate to the fiduciary relationship between the principal and agent or to the effect of the disability or death of the principal or agent. Disputes involving third parties arising from transactions in which a power of attorney was used shall, except in cases described above, be considered civil actions not subject to these Rules. These Rules also do not cover issues relating to a Durable Power for Health Care Decisions, which is within the jurisdiction of the family court.

- Chapter 555 [Employee's Trusts], because that chapter is limited in its scope to definitional sections and a specific waiver of the Rule Against Perpetuities.

- Chapter 558 [Land Trusts], because that chapter does not establish a true fiduciary relationship, but is more in the order of a conveyancing and title-holding statute, and therefore should fall within the Hawai'i Rules of Civil Procedure.

- Parts 2 and 6 of Article V, Chapter 560, because those sections fall within the jurisdiction of the family court. Hawai'i Revised Statutes Section 560:5-106(3) allows consolidation of protective and guardianship proceedings relating to the same person.

Note that these Rules clearly apply to trust proceedings. Prior to these Rules, some practitioners argued that a trust proceeding was a civil action requiring a complaint, summons, and answer. In 1995, these Rules brought trust proceedings in line with the procedural rules applicable to probates and what was then known as guardianship of the property.

Subsections (b) through (d) of this Rule account for theeffects of electronic filing and service as well as automation.