Rule 4 - Format of Documents [Effective July 1, 2023](a) Compliance with Rules of the Circuit Courts. The form of pleadings, affidavits, and memoranda, and method of filing, shall comply with Rules 2 and 3 of the Rules of the Circuit Courts of the State of Hawai'i. Petitions, and initial responses or objections, together with any memoranda in support, shall not exceed 20 pages in length exclusive of affidavits, exhibits and attachments. Any further response, together with any memorandum in support, shall not exceed 10 pages in length exclusive of affidavits, exhibits and attachments. Upon the filing of an ex parte petition, and for good cause shown, the court may grant permission to exceed page limits. All attached exhibits shall have appropriately labeled tabs. Petitions, responses, or objections, including any supporting memoranda, exceeding 15 pages shall have a table of contents and a table of authorities. COMMENTARY:
The Rules of the Circuit Courts of the State of Hawai'i technically apply to probate proceedings at this time, but those rules are primarily focused on the conduct of litigation, and so should be made inapplicable. Rule 2 of the Rules of the Circuit Courts of the State of Hawai'i, having to do with the mechanics of filing documents, and Rule 3, having to do with the actual format of pleadings, are incorporated by reference to achieve consistency in the filing of documents received by the court, and to eliminate the need for documents receiving clerks to check more than one set of rules for filing requirements. In addition, the page limits of pleadings set forth under Rule 7.1 of the Rules of the Circuit Courts of the State of Hawaii are adopted, with the language modified in order to be consistent with the forms of the Probate Court pleadings.
(b)Stapling and Punching of Conventionally Filed Documents. All original documents prepared for conventional filing shall be perforated at the top with a standard two-hole punch. Documents of 10 pages or less shall be secured by a single staple in the upper left corner of the document. Documents of more than 10 pages shall not be stapled, but shall be fastened with paper fasteners through the two-hole punch perforations. COMMENTARY:
This Rule is of minimal burden to the attorneys, but makes document handling less burdensome on the court staff.
(c) Size of Paper, Folding Oversized Documents to Fit. All documents presented to the court for conventional filing shall not exceed 8 and 1/2 inches by 11 inches in size. Any exhibits, documents, or wills that exceed those measurements shall be folded in such a way that come within these restrictions, and any photocopies of any such documents shall likewise be folded or reproduced on letter-size paper in such a manner that the entire contents of the original document are visible and legible on the copy. COMMENTARY:
This complies with current court policy, but expands the reference to copies to allow documents to be reduced through a photocopying process to fit on a letter-sized paper, so long as the copy is complete and legible.
(d) Notation of Hearing Time. Every pleading filed for which a hearing date has been previously assigned shall include under the case number on the first page of the pleading a notation of the date, time, and anticipated presiding judge for the hearing. COMMENTARY:
This Rule will assist the court in processing documents, particularly when courtesy copies have been delivered to the judge's chambers.
Further amended September 26, 2019, effective 10/28/2019; Amended February 27, 2023, effective 7/1/2023.