Haw. Arb. R. 7

As amended through June 28, 2024
Rule 7 - Relationship to Circuit Court Jurisdiction and Rules; Form of Documents
(A) Cases filed in, or removed to, the Circuit Court shall remain under the jurisdiction of that court for all phases of the proceedings, including arbitration.
(B) Except for the authority to act or interpret these rules expressly given to the arbitrator, the Arbitration Administrator, the Judicial Arbitration Commission, or the Arbitration Judge, all issues shall be determined by the Circuit Court with jurisdiction.
(C) Before a case is submitted or ordered to the Program, and after a Notice of Appeal and Request for Trial De Novo is filed, all applicable rules of the Circuit Court and of civil procedure apply. After a case is submitted or ordered to the Program, and before a Notice of Appeal and Request for Trial De Novo is filed, or until the case is removed from the Program, these rules apply.
(D) The calculation of time and the requirements of service of pleadings and documents under these rules shall be the same as under the Hawai'i Rules of Civil Procedure, except that service under these rules by the Arbitration Administrator may be made by facsimile transmission.
(E) Circuit Court Rule 12(q), and all rules of court or of civil procedure requiring the filing of pleadings, remain in effect notwithstanding the fact that a case is under the Program.
(F) All dispositive motions shall be made to the Circuit Court as required by law or rule notwithstanding the fact that a case is under the Program.
(G) All documents required to be utilized or filed under these rules shall be in a form designated by the Arbitration Judge.
(H) Once a case is submitted or ordered to the Program all parties subsequently joined in the action shall be parties to the arbitration unless dismissed by the Arbitration Judge.

Haw. Arb. R. 7

Amended November 3, 1994 and November 14, 1994, effective 1/2/1995; clerical correction to circuit court rule reference in subparagraph (E) pursuant to7/26/1990 amendment renaming Circuit Court Rule 12(a)(17) as 12(q).