Hawaii Circuit Court Stipulation and Proposed Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT
STATE OF HAWAI'I

I. ATTORNEY INFORMATION BLOCK

Attorney for [________________________________] (Plaintiff / Defendant):

II. CASE CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT
                    (First / Second / Third / Fifth)
                       STATE OF HAWAI'I

[________________________________],        )
                                           )
                    Plaintiff,             )
                                           )    Civil No. [________________________________]
         v.                                )    (Other Case Identifiers: [____])
                                           )
[________________________________],        )
                                           )
                    Defendant.             )

STIPULATION AND [PROPOSED] ORDER RE: [________________________________]
(Brief Description of Subject Matter)

III. INTRODUCTORY RECITALS

The undersigned parties, by and through their respective counsel of record, hereby stipulate and agree to the following terms and conditions pursuant to the Hawai'i Rules of Civil Procedure (HRCP) and the Rules of the Circuit Courts of the State of Hawai'i (RCCH):

A. Procedural Background

1. This action was commenced by the filing of a Complaint on [__/__/____].

2. The Court entered its Trial Setting Status Conference Order (or Scheduling Order) on [__/__/____].

3. The current deadlines and dates established by the Court include:
   - Fact discovery cutoff: [__/__/____]
   - Expert discovery cutoff: [__/__/____]
   - Dispositive motion deadline: [__/__/____]
   - Mandatory settlement conference: [__/__/____]
   - Trial date: [__/__/____]
   - Trial calendar call: [__/__/____]

4. Additional relevant procedural history: [________________________________]

B. Circuit-Specific Information

5. This case is assigned to the [________________________________] Circuit:

☐ First Circuit (O'ahu) — Cases filed in the Circuit Court of the First Circuit, Honolulu
☐ Second Circuit (Maui, Moloka'i, Lana'i) — Cases filed in the Circuit Court of the Second Circuit, Wailuku
☐ Third Circuit (Hawai'i Island) — Cases filed in the Circuit Court of the Third Circuit, Hilo or Kona
☐ Fifth Circuit (Kaua'i, Ni'ihau) — Cases filed in the Circuit Court of the Fifth Circuit, Lihu'e

C. Basis for Stipulation

6. The parties have conferred in good faith regarding the subject matter of this Stipulation and have reached mutual agreement.

7. This Stipulation is entered pursuant to the following rules (check all that apply):

☐ HRCP Rule 6(b) — Enlargement of time
☐ HRCP Rule 16 — Modification of scheduling or pre-trial order
☐ HRCP Rule 29 — Stipulation regarding discovery procedures
☐ HRCP Rule 41(a)(1)(B) — Dismissal by stipulation of all parties who have appeared
☐ RCCH Rule 12 — Relief from motion hearing scheduling requirements
☐ RCCH Rule 19 — Stipulations and orders thereon
☐ Other: [________________________________]

8. Good cause exists for the relief sought because: [________________________________]

IV. STIPULATED TERMS

IT IS HEREBY STIPULATED AND AGREED by and between the parties as follows:

Term 1. [________________________________]

Term 2. [________________________________]

Term 3. [________________________________]

Term 4. [________________________________]

Term 5. [________________________________]

(Add or remove numbered terms as necessary. Each term should be specific, include relevant dates, and identify any modified deadlines.)

V. IMPACT ON EXISTING COURT DEADLINES

The parties represent and certify the following regarding the effect of this Stipulation on existing Court deadlines:

☐ No impact on trial date. The stipulated terms do not affect the currently scheduled trial date of [__/__/____].

☐ Trial continuance requested. The parties jointly request that the trial be continued from [__/__/____] to [__/__/____] or the Court's next available trial period. The parties represent that they have attempted to coordinate with the Court calendar as required by RCCH Rule 12.

☐ Scheduling order modification. The parties request that the Court's Scheduling Order be modified as follows:

VI. COURT-ANNEXED ARBITRATION PROGRAM (CAAP) PROVISIONS

(Complete this section only if applicable under RCCH Rule 23)

☐ This case has been referred to the Court Annexed Arbitration Program (CAAP).

☐ The parties stipulate to the following modifications to the CAAP proceedings:
[________________________________]

☐ The CAAP hearing is currently scheduled for [__/__/____]. The parties request that the hearing be:
☐ Continued to [__/__/____]
☐ Vacated pending resolution of [________________________________]
☐ Other: [________________________________]

VII. MEDIATION AND SETTLEMENT PROVISIONS

(Complete this section if the stipulation relates to settlement or mediation)

☐ The parties stipulate to engage in mediation with [________________________________] as mediator.

☐ Mediation shall be completed on or before [__/__/____].

☐ The costs of mediation shall be shared: ☐ Equally ☐ As follows: [________________________________]

☐ This Stipulation resolves the dispute in its entirety and the parties request dismissal with/without prejudice pursuant to HRCP Rule 41.

VIII. RESERVATION OF RIGHTS

Except as expressly modified by this Stipulation, all prior orders of the Court, including but not limited to the Scheduling Order, Trial Setting Status Conference Order, and any Protective Orders, shall remain in full force and effect.

Nothing in this Stipulation shall be construed as an admission of liability, a waiver of any claim or defense, or a waiver of any right to object to the admissibility of evidence at trial.

IX. REQUEST FOR JUDICIAL APPROVAL

WHEREFORE, the parties respectfully request that the Court approve the foregoing Stipulation and enter the accompanying [Proposed] Order set forth in Section XI below.

X. SIGNATURES OF COUNSEL

FOR PLAINTIFF [________________________________]:

DATED: [________________________________], Hawai'i, [__/__/____].

[________________________________]
By: ________________________________________
    [________________________________] (Hawai'i Bar No. [____])
    [________________________________] (Firm Name)
    [________________________________] (Street Address)
    [________________________________], Hawai'i [____]
    Tel: [________________________________]
    Email: [________________________________]
    Attorneys for Plaintiff

FOR DEFENDANT [________________________________]:

DATED: [________________________________], Hawai'i, [__/__/____].

[________________________________]
By: ________________________________________
    [________________________________] (Hawai'i Bar No. [____])
    [________________________________] (Firm Name)
    [________________________________] (Street Address)
    [________________________________], Hawai'i [____]
    Tel: [________________________________]
    Email: [________________________________]
    Attorneys for Defendant

FOR ADDITIONAL PARTY [________________________________]:

DATED: [________________________________], Hawai'i, [__/__/____].

[________________________________]
By: ________________________________________
    [________________________________] (Hawai'i Bar No. [____])
    [________________________________] (Firm Name)
    [________________________________] (Street Address)
    [________________________________], Hawai'i [____]
    Tel: [________________________________]
    Email: [________________________________]
    Attorneys for [________________________________]

(Include a signature block for every counsel of record. Pursuant to HRCP Rule 11, electronic signatures in the form "/s/ [Attorney Name]" are accepted when filed through JEFS.)

XI. [PROPOSED] ORDER

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT
                       STATE OF HAWAI'I

[________________________________],        )
                    Plaintiff,             )
         v.                                )    Civil No. [________________________________]
[________________________________],        )
                    Defendant.             )


                    ORDER GRANTING STIPULATION

    Upon consideration of the Stipulation filed on [__/__/____], and
good cause having been shown,

    IT IS HEREBY ORDERED:

    1. The Stipulation is APPROVED and its terms are incorporated by
       reference herein.

    2. [________________________________].

    3. [________________________________].

    4. [________________________________].

    5. All remaining provisions of the Court's Scheduling Order / Trial
       Setting Status Conference Order remain in full force and effect
       unless expressly modified herein.

    DATED: [________________________________], Hawai'i, ________________________.


                              ________________________________________
                              The Honorable [________________________________]
                              Judge of the Circuit Court of the
                              [________________________________] Circuit
                              State of Hawai'i

XII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Stipulation and [Proposed] Order via the Judiciary Electronic Filing System (JEFS), which will automatically send notification to all registered JEFS users in this case, in accordance with HRCP Rule 5(b) and the Hawai'i Electronic Filing and Service Rules.

Service was additionally made by the following method(s) upon non-JEFS participants:

________________________________________
[________________________________]
(Attorney Name / Declarant)

XIII. FILING AND SERVICE CHECKLIST

☐ Identify the governing rule. Confirm the applicable HRCP and RCCH rules that authorize the stipulated relief (e.g., HRCP Rules 6(b), 16, 29, 41; RCCH Rules 12, 19) and verify compliance with any circuit-specific administrative orders.

☐ Comply with JEFS submission standards. File the Stipulation and any exhibits through JEFS using the correct document type. Upload a Word (.docx) version of the proposed order if the assigned judge's chambers requires an editable format under JEFS Rule 2.5.

☐ Observe motion timelines if applicable. Under RCCH Rule 7, if the stipulation requires a hearing, the motion must be filed and served at least 18 days before the hearing date. Opposition memoranda are due at least 8 days before hearing; reply memoranda at least 3 days before hearing.

☐ Present continuance stipulations timely. Under RCCH Rule 12, stipulations extending or rescheduling hearings must state the reason for rescheduling and be presented for approval to the assigned judge at least 48 hours before the scheduled hearing.

☐ Serve non-JEFS participants. Provide copies by mail, hand delivery, or email to parties who are not JEFS users, and document the service method consistent with HRCP Rule 5(b).

☐ Attach supporting documentation. If the stipulation modifies deadlines, attach a revised scheduling chart or proposed amended scheduling order for the Court's convenience.

☐ Retain conformed copies. After entry of the Order, download and retain the conformed, time-stamped copy from JEFS for your records.

XIV. PRACTICE NOTES FOR HAWAI'I CIRCUIT COURTS

A. Four Circuits. Hawai'i has four judicial circuits: First (O'ahu), Second (Maui County), Third (Hawai'i Island), and Fifth (Kaua'i County). There is no Fourth Circuit. Each circuit may have local administrative orders that supplement the RCCH.

B. JEFS Electronic Filing. The Judiciary Electronic Filing System (JEFS) is mandatory for attorneys in all Hawai'i Circuit Courts. Self-represented litigants may register for JEFS but are not required to do so. All registered users receive automatic electronic service through JEFS.

C. Facsimile Judicial Signatures. Under RCCH, any order filed electronically bearing a facsimile signature of a judge has the same force and effect as if the judge had affixed an original signature.

D. HRCP Rule 16 Good Cause Standard. Modification of a scheduling order requires a showing of good cause under HRCP Rule 16(b)(4). The stipulation should clearly articulate why the modification is warranted and that it will not prejudice any party or unduly delay the proceedings.

E. Discovery Stipulations. Under HRCP Rule 29, parties may stipulate to modifications of discovery procedures. However, stipulations that extend discovery deadlines beyond the Court's scheduling order require court approval.

F. Proper Spelling. The correct spelling is "Hawai'i" (with an 'okina). Court filings should use the proper spelling where possible, though "Hawaii" without the 'okina is also accepted.

G. First Circuit Administrative Orders. The First Circuit (O'ahu) has issued various Civil Administrative Orders that may impose additional requirements on stipulations, particularly those involving trial continuances and case management. Practitioners should review current administrative orders before filing.

Sources and References

• Hawai'i Rules of Civil Procedure (HRCP): https://www.courts.state.hi.us/legal_references/rules/rulesofcourt
• Rules of the Circuit Courts of the State of Hawai'i (RCCH): https://www.courts.state.hi.us/wp-content/uploads/2025/01/rcch.htm
• Hawai'i Electronic Filing and Service Rules (JEFS): https://www.courts.state.hi.us
• HRS § 603-21.9 (Circuit Court Civil Jurisdiction)
• HRCP Rule 6(b) — Enlargement of Time
• HRCP Rule 11 — Signing of Pleadings, Motions, and Other Papers
• HRCP Rule 16 — Pre-Trial Conferences; Scheduling; Management
• HRCP Rule 29 — Stipulations Regarding Discovery Procedure
• HRCP Rule 41 — Dismissal of Actions
• RCCH Rule 7 — Form of Motions (18-day notice requirement)
• RCCH Rule 12 — Motions (48-hour stipulation presentation requirement)
• RCCH Rule 19 — Stipulations and Orders Thereon