Rule 5 HAWAI‘I RULES OF CIVIL PROCEDURE
at the attorney's or party's last known address; or (c)
if no address is known, by leaving it with the clerk of
the court.
(2) Delivery of a copy within this Rule means:
handing it to the attorney or to the party; or leaving it
at the attorney's or party's office with a clerk or other
person in charge thereof; or, if there is no one in
charge, leaving it in a conspicuous place therein; or,
if the office is closed or the person to be served has
no office, leaving it at the person's dwelling house or
usual place of abode with some person of suitable age
and discretion then residing therein.
(3) Service by mail or through JEFS or JIMS is
complete upon mailing or electronic transmission of
the Notice of Electronic Filing, respectively.
(c) Same: Numerous defendants. In any action
in which there are unusually large numbers of
defendants, the court, upon motion or of its own
initiative, may order that service of the pleadings of
the defendants and replies thereto need not be made
as between the defendants and that any cross-claim,
counterclaim, or matter constituting an avoidance or
affirmative defense contained therein shall be deemed
to be denied or avoided by all other parties and that
the filing of any such pleading and service thereof
upon the plaintiff constitutes due notice of it to the
parties. A copy of every such order shall be served
upon the parties in such manner and form as the court
directs.
(d) Filing. Except as provided in subdivision (f)
of this Rule, if served conventionally upon a non-
JEFS User, all papers after the complaint required to
be served upon a party, together with a certificate of
service, shall be filed with the court either before
service or within a reasonable time after service. All
documents filed with the court shall be previously or
contemporaneously served on all parties to the action,
either electronically through JEFS or, for non-JEFS
Users, conventionally, except as permitted in
subdivision (a) above.
(e) Filing with the court defined. The filing of
pleadings and other papers with the court as required
by these Rules shall be made by filing them with the
clerk of the court, except that the judge may permit
the papers to be filed with the judge, in which event
the judge shall note thereon the filing date and
forthwith transmit them to the office of the clerk.
Any other rule to the contrary notwithstanding, the
clerk shall not refuse to accept for filing any paper
presented for that purpose solely because it is not
presented in proper form as required by these Rules.
(f) Nonfiling of discovery materials. A
deposition, interrogatory, request for discovery
production or inspection, request for documents,
request for admissions, and answers and responses
thereto shall not be filed automatically with the court;
provided that on a motion or at trial any such
document shall be filed when offered in evidence or
submitted as an exhibit. In addition the court may at
any time, on ex parte request or sua sponte, order the
filing of any discovery material.
(Amended May 15, 1972, effective July 1, 1972;
further amended March 16, 1984, partly effective
March 16, 1984; fully effective May 1, 1984; further
amended June 23, 1997 and July 2, 1997, effective
August 1, 1997; further amended December 7, 1999,
effective January 1, 2000; further amended October
31, 2019, effective nunc pro tunc October 28, 2019.)
Rule 6. TIMES.
(a) Computation. In computing any period of
time prescribed or allowed by these rules, by order of
court, or by any applicable statute, the day of the act,
event, or default after which the designated period of
time begins to run shall not be included. The last day
of the period so computed shall be included unless it
is a Saturday, a Sunday or a holiday, in which event
the period runs until the end of the next day which is
not a Saturday, a Sunday or a holiday. When the
period of time prescribed or allowed is less than 7
days, intermediate Saturdays, Sundays and holidays
shall be excluded in the computation. As used in this
rule, "holiday" includes any day designated as such
pursuant to section 8-1 of the Hawai‘i Revised
St
atutes.
(b) Enl
argement. When by these rules or by a
notice given thereunder or by order of court an act is
required or allowed to be done at or within a
specified time, the court for cause shown may at any
time in its discretion (1) with or without motion or
notice order the period enlarged if request therefor is
made before the expiration of the period originally
prescribed or as extended by a previous order or (2)
upon motion made after the expiration of the
specified period permit the act to be done where the
failure to act was the result of excusable neglect; but
it may not extend the time for taking any action under
Rules 50(b) 52(b), 59(b), (d) and (e) and 60(b) of
HRCP--4 (Release: 12/21)