Haw. Dis. Ct. R. Civ. P. 16

As amended through September 30, 2024

Rule 16 - Pre-trial Procedure

In any action, the court may in its discretion direct the attorneys for the parties or the parties if appearing pro se to appear before it for a conference to consider:

(1) the simplification of the issues;

(2) the necessity or desirability of amendments to the pleadings;

(3) the possibility of obtaining admissions (whether admissions of fact or of documents) which will avoid unnecessary proof;

(4) the limitation of the number of expert witnesses;

(5) Reserved.

(6) such other matters as may aid in the disposition of the action.

(7) the regulation of discovery pursuant to Part V herein.

The court may make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel or of parties; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court, in its discretion, may establish a pre-trial calendar on which action may be placed for consideration as above provided. The court may direct the attorneys and parties to appear at as many conferences as the court may deem appropriate to accomplish the objectives of this rule.

Haw. Dis. Ct. R. Civ. P. 16

Amended effective 12/6/1996.

COMMENTS:

HRCP Rule 16 and DCRCP Rule 16 have similar language. This version takes into account the larger number of parties appearing pro se in District Court and the absence of jury trials in District Court.

This version of the rule incorporates the intent of HRCP Rule 26(f) into the pre-trial conference calendar. This will allow the court more flexibility in tailoring the pre-trial procedures and time periods to the complexity of the case.