---
title: "Hawaii Probate Rules (Hawaii State Judiciary)"
url: https://stacklist.com/card/70da8848-7d42-4c11-ba63-711a48ccd407
source_url: "https://www.courts.state.hi.us/wp-content/uploads/2024/09/hpr_ada.htm"
stack: https://stacklist.com/c/home/stack/9e8fe335-55de-4796-ad32-b7b0c6df6b7c
summary: "The Hawaii Probate Rules (SCRU-13-0000071) were adopted and promulgated by the Supreme Court of the State of Hawaii on February 16, 1995, effective March 1, 1995. The document outlines procedural rules governing probate court proceedings, including pleadings, petitions, document formatting, mediation, and electronic filing requirements."
tags: "probate, hawaii, court-rules, legal-procedure, judiciary, estate-law, filing"
key_entities: "Supreme Court of the State of Hawaii (organization), The Judiciary State of Hawaii (organization), Probate Rules (concept), Hawaii Electronic Filing and Services Rules (concept), Hawaii (location), Mediation (concept), Kokua Kanawai (concept)"
classification: "reference"
content_hash: "sha256:bc585c894d6edd8ad7b96bcb6cca5dd5c4cb127ff3b603161248d147d858fd6e"
acp_version: "0.2"
token_counts_approximate: 25000
visibility: public
agent_accessible: true
status: "final"
---

# Hawaii Probate Rules (Hawaii State Judiciary)

untitled   HAWAIʻI PROBATE RULES (SCRU-13-0000071) Adopted and Promulgated by the Supreme Court of the State of Hawaiʻi February 16, 1995 Effective March 1, 1995 With Amendments as Noted   Comments and commentary are provided by the rules committee for interpretive assistance. The comments and commentary express the view of the committee and are not binding on the courts. The Judiciary State of Hawaiʻi   HAWAIʻI PROBATE RULES   Table of Contents       PART A. GENERAL RULES   I. SCOPE OF RULES   Rule 1.           SCOPE OF RULES; INTERPRETATION; ELECTRONIC                       FILING; AUTOMATION                       (a)      Scope of Rules                       (b)      Interpretation and Enforcement of Rules                       (c)      Effect of Hawaiʻi Electronic Filing and Services Rules                       (d)      Effect of Automation on Process and Procedures   Rule 2.           ONE FORM OF ACTION   Rule 2.1.        MEDIATION RULES   II. PLEADINGS AND PETITIONS   Rule 3.           PLEADINGS ALLOWED; FORM OF PLEADINGS                       (a)      Form                       (b)      Filings in Response to Petition or Master’s, Guardian ad Litem’s, or Kokua Kanawai’s Report.                       (c)      Content of Petitions                       (d)      Documents Sealed Upon Filing                       (e)      Required Notice; Effect of Failure to Respond                       (f)       Amendment and Supplementation of Pleadings   Rule 4.           FORMAT OF DOCUMENTS                       (a)      Compliance with Rules of the Circuit Courts                       (b)      Stapling and Punching of Conventionally Filed Documents                       (c)      Size of Paper, Folding Oversized Documents to Fit                       (d)      Notation of Hearing Time   Rule 5.           SIGNING OF DOCUMENTS                       (a)      Verification of Documents                       (b)      Signing by Attorneys   Rule 6.           STIPULATIONS                       (a)      Presentation                       (b)      Format for Court Approval III. NOTICE; TIME   Rule 7.           METHODS OF SERVING NOTICE   Rule 8.           PROOF OF SERVICE   Rule 9.           PUBLICATION OF NOTICE                       (a)         Permissible Publications                       (b)         Proof of Publication                       (c)         Content and Brevity of Notice   Rule 10.         COMPUTATION OF TIME                       (a)         Computation                       (b)         Enlargement                       (c)         Time to File Pleadings or Reports                       (d)         Additional Time After Service by Mail   IV. HEARINGS   Rule 11.         TELEPHONIC OR VIDEOCONFERENCE CALL HEARINGS                       (a)         Permissibility                       (b)         Arranging Conference Call                       (c)         Procedure   Rule 12.         RESERVED   Rule 13.         CONTINUANCES                       (a)         By the Court                       (b)         By Request of the Parties                       (c)         Effect of Continuance on Response Time   Rule 14.         CONSOLIDATION OF PROCEEDINGS   Rule 15.         PROOF OF OFFICIAL RECORD                       (a)         Authentication                                   (1)      Domestic                                   (2)      Foreign                       (b)         Lack of Record                       (c)         Other Proof                       (d)         Non-English Documents                       (e)         Interpreters   Rule 16.         DETERMINATION OF FOREIGN LAW     Rule 17.         WITHDRAWAL OF PLEADING                       (a)         Procedure                       (b)         Effect of Withdrawal on Hearing   Rule 18.         RULES OF EVIDENCE   V. CONTESTED MATTERS   Rule 19.         DEFINITION   Rule 20.         DISPOSITION OF CONTESTED MATTERS                       (a)         Assignment                       (b)         Guideline for Assignment                       (c)         Effect of Assignment to Civil Trials Calendar                       (d)         Procedures in Retained Contested Matters                       (e)         Effect on Underlying Matter                       (f)          Appeals                       (g)         Termination of Assignment   Rule 21.         RESERVED   Rule 22.         SUBPOENA                       (a)         For Attendance of Witnesses; Form; Issuance                       (b)         For Production of Documentary Evidence                       (c)         Service                       (d)         Contempt   VI. EX PARTE PROCEEDINGS   Rule 23.         MATTERS WHEN EX PARTE PROCEEDINGS APPROPRIATE   Rule 24.         FORMAT AND PROCEDURE   VII. ACCOUNTINGS   Rule 25.         APPROVALS BY INTERESTED PERSONS   Rule 26.         FORMAT AND CONTENT   Rule 27.         REFERRAL TO MASTER             VIII. MASTERS AND GUARDIANS AD LITEM   Rule 28.         APPOINTMENT                       (a)         Master                       (b)         Guardian Ad Litem                       (c)         Order of Appointment                       (d)         Notice to Official                       (e)         Termination of Appointment   Rule 29.         ROLE OF MASTER   Rule 30.         RESERVED   Rule 31.         COMPENSATION AND EXPENSES   IX. ORDERS   Rule 32.         SETTLEMENT OF ORDERS   Rule 33.         FORM OF ORDERS   Rule 34.         ENTRY OF JUDGMENT, INTERLOCUTORY ORDERS, APPEALS                       (a)         Entry of Judgment                       (b)         Interlocutory Orders                       (c)         Final Judgment Closing Proceeding                       (d)         Appeals   Rule 35.         ORDER FOR SPECIFIC ACTS; VESTING TITLE   Rule 36.         RELIEF FROM ORDER                       (a)         Clerical Mistakes                       (b)         Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc.   X. MODEL FORMS   Rule 37.         AVAILABILITY   Rule 38.         USE OF FORMS             XI. ATTORNEYS' AND FIDUCIARY'S FEES   Rule 39.         STATUTORY FEES; TIME OF PAYMENT   Rule 40.         NON-STATUTORY AND EXTRAORDINARY FEES                       (a)         Amount                       (b)         Timing of Payment   Rule 41.         EVIDENCE AND NOTICE   XII. MISCELLANEOUS PROVISIONS   Rule 42.         CONFLICTS OF INTEREST                       (a)         Fiduciary as Attorney's Client                       (b)         Relationship to Beneficiaries                       (c)         Officer of Court                       (d)         Sanctions   Rule 43.         COMMUNICATIONS WITH THE COURT; ADVICE   Rule 44.         WITHDRAWAL OF COUNSEL   Rule 45.         EXPEDITION OF COURT BUSINESS                       (a)         Required Notice                       (b)         Effect of Failure to Appear   Rule 46.         BOND                       (a)         Procedures for Posting                       (b)         Payment of Costs                       (c)         Proceeding Against Surety   Rule 47.         RESERVED   Rule 48.         DELEGATION OF POWERS TO CLERK AND DEPUTY CLERKS                       (a)         Permissible Delegation                       (b)         Entry of Orders                       (c)         Vacation and Effect of Orders                       (d)         Updating of Letters   Rule 49.         RESERVED         PART B. PROBATE PROCEEDINGS   I. COMMENCEMENT   Rule 50.         INITIAL PLEADINGS                       (a)         Case Numbers                       (b)         Identification of Beneficiaries and Heirs                       (c)         Informal Probate Information Sheet                       (d)         Flag Sheet   II. NOTICE   Rule 51.         INITIAL REQUIREMENTS   Rule 52.         RESERVED   Rule 53.         EFFECT OF WAIVERS AND JOINDERS   Rule 54.         AT FINAL ACCOUNTING   Rule 55.         RESERVED   III. SPECIAL ADMINISTRATION   Rule 56.         WHEN APPROPRIATE   Rule 57.         TERMINATION   Rule 58.         ACCOUNTING   Rule 59.         COMPENSATION   IV. INVENTORIES   Rule 60.         FORMAT AND CONTENT   Rule 61.         AMENDMENT OR SUPPLEMENT   Rule 62.         RESERVED   V. CREDITORS' CLAIMS   Rule 63.         PRESENTING CLAIMS   Rule 64.         CLOSING ESTATES; ARRANGEMENTS     VI. SALE OF REAL PROPERTY   Rule 65.         PRE-EXISTING SALES CONTRACTS; CHANGES   Rule 66.         AUTHORIZATION TO OFFER REAL PROPERTY FOR SALE   Rule 67.         CONSENT TO SALE AND DEMAND FOR COURT CONFIRMATION   Rule 68.         SALES CONTRACTS   Rule 69.         NOTICE; FLAG SHEET                       (a)         Method of Notice                       (b)         Newspaper Publication                       (c)         Failure of Notice                       (d)         Flag Sheet   Rule 70.         BIDS AND OVERBIDS                       (a)         When Due; Deposits                       (b)         Overbids   Rule 71.         FAILURE TO COMPLETE SALE   Rule 72.         BROKERS', ATTORNEYS', AND PERSONAL REPRESENTATIVE'S FEES AND COMMISSIONS                       (a)         Personal Representatives and Attorney's Fees                       (b)         Broker's Commissions   VII. DETERMINATION OF HEIRS   Rule 73.         PROCEDURE FOR DETERMINATION OF HEIRS   VIII. DEPOSIT OF WILLS   Rule 74.         DEPOSIT OF WILL WITHOUT PROBATE                       (a)         Method of Deposit                       (b)         Assignment of Case Number                       (c)         Access to Deposited Will                       (d)         Maintenance of Original Will; Time Limits   Rule 75.         TRANSFER OF DEPOSITED WILL     IX. ANCILLARY PROCEEDINGS   Rule 76.         FILING OF DOMICILIARY DOCUMENTS   Rule 77.         ANCILLARY INVENTORY   Rule 78.         RESERVED   Rule 79.         NOTICE IN ANCILLARY PROCEEDINGS   Rule 80.         ACKNOWLEDGING DOMICILIARY FIDUCIARY OR BENEFICIARY AUTHORITY TO SIGN PROPERTY DOCUMENTS   X. FLAG SHEETS   Rule 81.         FLAG SHEETS REQUIRED   XI. CONCLUSION OF PROCEEDINGS   Rule 82.         RESERVED   Rule 83.         INTERIM ACCOUNTING   Rule 84.         SUPPLEMENTAL ACCOUNTING; FINAL RECEIPTS   Rule 85.         DISTRIBUTION TO MISSING PERSONS   Rule 86.         NEWLY DISCOVERED ASSETS   XII. MISCELLANEOUS   Rule 87.         SUBMISSION TO JURISDICTION BY NON-RESIDENT PERSONAL REPRESENTATIVE                       (a)         Manner and Effect of Submission                       (b)         Procedure for Substituted Service   Rule 88.         DEMAND FOR NOTICE                       (a)         Preparation and Filing                       (b)         Duty to Investigate: Demandant                       (c)         Duty to Investigate: Petitioner                       (d)         Validity of Demand   Rule 89.         TERMINATION OF POSSESSION OF REAL PROPERTY     Rule 90.         STATUTORY ALLOWANCES                       (a)         Homestead Allowance and Exempt Property                       (b)         Family Allowance                       (c)         Elective Share   Rule 91.         AFFIDAVITS OF COLLECTION   Rule 92.         TRANSFER OF TYPE OF PROCEEDING   Rule 93.         PROBATE OF WILL WITHOUT ADMINISTRATION OF ASSETS   Rule 94.         DISCLAIMERS   Rule 95.         ACKNOWLEDGEMENT OF AUTHORITY                       (a)         Application                       (b)         Acknowledgment   Rules 96-99   RESERVED     PART C. CONSERVATORSHIP AND GUARDIANSHIP PROCEEDINGS   I. COMMENCEMENT OF PROCEEDING   Rule 100.       CASE NUMBERS   Rule 101.       PERSONAL INJURY RECOVERIES   Rule 102.       PHYSICIAN'S LETTERS                       (a)         Conservatorship                       (b)         Guardianship   II. HEARINGS   Rule 103. FLAG SHEETS   III. NOTICE   Rule 104.       TO WHOM                       (a)         Conservatorship                       (b)         Guardianship     Rule 104.1.    DEMAND FOR NOTICE                       (a)         Preparation and Filing                       (b)         Duty to Investigate: Demandant                       (c)         Duty to Investigate: Petitioner                       (d)         Validity of Demand   Rule 105.       METHODS OF PROVIDING NOTICE                       (a)         Generally                       (b)         Personal Service   Rule 106.       AFTER APPOINTMENT PROCEEDINGS                       (a)         Proceedings Commenced Prior to January 1, 2005                       (b)         Proceedings Commenced After January 1, 2005   IV. FINANCIAL ARRANGEMENTS   Rule 107.       DEPOSIT AND INVESTMENT OF FUNDS                       (a)         Bond                       (b)         Reduction or Elimination of Bond Requirement                       (c)         Deposit of Funds                       (d)         Investment of Assets                       (e)         Setting Forth Plan in Petition   Rule 108.       BUDGETS   Rule 109.       NEED FOR ADDITIONAL FUNDS   Rule 110.       CONVERSION TO TRUST, FUNDING TRUST                       (a)         Funding a Pre-Existing Trust                       (b)         Converting Conservatorship into a Newly-Created Trust   Rule 111.       CONVERSION TO CUSTODIAL ARRANGEMENT   Rule 112.       CONVERSION TO SMALL CONSERVATORSHIP   V. KOKUA KANAWAI   Rule 113.       ROLE AND AUTHORITY OF KOKUA KANAWAI   Rule 113.1     CONFIDENTIALITY OF RECORDS     VI. SALE OF REAL PROPERTY   Rule 114.       PROBATE RULES APPLICABLE   VII. ACCOUNTINGS   Rule 115.       V.A. CONSERVATORSHIP                       (a)      Definition                       (b)      Approval of Accountings                       (c)      Certificate of Audit                       (d)      No Master, Guardian Ad Litem, or Kokua Kanawai   Rule 116.       REQUIRED ELEMENTS   VIII. FEES   Rule 117.       CONSERVATOR’S FEES: BASIS AND AMOUNT     IX. TERMINATION OF PROCEEDINGS   Rule 118.       SPECIAL CONSERVATORSHIPS AND PROTECTIVE ARRANGEMENTS   Rule 119.       EX PARTE TERMINATION OF PROCEEDINGS   Rule 120        ACKNOWLEDGMENT OF CONSERVATOR’S AUTHORITY                       (a)      Application                       (b)      Acknowledgment   Rules 121-124 RESERVED     PART D. TRUST PROCEEDINGS   I. GENERAL PROVISIONS   Rule 125.       CASE NUMBER ASSIGNMENT       II. COMMENCEMENT OF PROCEEDINGS   Rule 126.       TRUST PROCEEDINGS                       (a)      Petition                       (b)      Vesting Orders                       (c)      Instructions                       (d)      Approval of Accountings                       (e)      Distribution of Assets to Missing Beneficiaries   III. TRUST REGISTRATION   Rule 127.       TRUST REGISTRATION   Rule 128.       RELEASE OF REGISTRATION   IV. TRUSTEE FEES   Rule 129.       RESERVED     Rule 130.       EXTRAORDINARY FEES   Rules 131-139. RESERVED     PART E. NO-FAULT LEGAL REPRESENTATIVE PROCEEDINGS   I. COMMENCEMENT OF ACTION   Rule 140.       PETITION   Rule 141.       CASE NUMBER   Rule 142.       WAIVER OF NOTICE AND HEARING   II. TERMINATION OF ACTION   Rule 143.       ACCOUNTING AND DISCHARGE   III. WHEN PROBATE PROCEEDINGS ARE PENDING   Rule 144.       PERSONAL REPRESENTATIVE TO ACT   Rules 145-149. RESERVED PART F. DETERMINATION OF DEATH PROCEEDINGS   I. COMMENCEMENT OF ACTION   Rule 150.       PETITION   Rule 151.       CASE NUMBER AND CAPTION   II. NOTICE   Rule 152.       METHOD OF PROVIDING NOTICE   III. EVIDENCE   Rule 153.       RESERVED   IV. ORDER   Rule 154.       CONTENT OF ORDER     APPENDIX A   Flag Sheet 1-A                   Petition to Admit a Will to Probate and Appointment of Personal Representative   Flag Sheet 1-B                    Petition for Adjudication of Intestacy   Flag Sheet 1-C-C                 Petition to Appoint a Conservator, and/or for Authority to Compromise a Tort Claim   Flag Sheet 1-C-CG             Petition to Appoint a Conservator and Guardian, and/or for Authority to Compromise a Tort Claim   Flag Sheet 1-D                   Petition for Confirmation of Sale of Real Property   Flag Sheet 1-E                    Petition for Approval of Final Accounts of a Personal Representative   Flag Sheet 1-F                    Petition for Determination of Elective Share     Exhibit A .     MEDIATION RULES FOR PROBATE, TRUST, CONSERVATORSHIP, AND GUARDIANSHIP (MEDIATION RULES)   This page intentionally left blank.   HAWAIʻI PROBATE RULES   PART A. GENERAL RULES   I. SCOPE OF RULES   Rule 1.         SCOPE OF RULES; INTERPRETATION; ELECTRONIC FILING; AUTOMATION.        (a) Scope of Rules. These Rules govern the procedure in the circuit courts of the State of Hawai‘i in all probate, conservatorship, guardianship, trust, legal representation for no fault benefits, and determination of death proceedings, and more particularly proceedings arising under Hawaiʻi Revised Statutes, Chapters 531 [Probate: Jurisdiction and Procedure], 532 [Descent of Property], 533 [Dower and Curtesy], 535 [Specific Performance of Deceased's Contracts to Convey Real Estate], 551 [Guardians and Wards], 551A [Office of the Public Guardian], 551D [Uniform Durable Power of Attorney Act] but only to the extent of issues arising from or between the attorney in fact and an incapacitated or deceased principal, 553A [Uniform Transfers to Minors Act], 554 [Trusts and Trustees; Accounts], 554A [Uniform Trustees' Powers Act], 554B [Uniform Custodial Trust Act], 554C [Uniform Prudent Investor Act], 556 [Uniform Fiduciaries Act], 557A [Uniform Principal and Income Act], and 560 [Uniform Probate Code] except Article V, Parts 2 and 6, and Section 603-21.6 [Probate Jurisdiction]. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding.        (b)   Interpretation and Enforcement of Rules. These Rules shall be read and construed with reference to each other, the Hawaiʻi Electronic Filing and Service Rules, and the Hawaiʻi Court Records Rules.        (c)    Effect of Hawaiʻi Electronic Filing and Service Rules. Documents filed and notices given in accordance with the Hawaiʻi Electronic Filing and Service Rules shall be deemed to comply with the filing, mailing, certified mailing, notice and service requirements of any part of these Rules.        (d)   Effect of Automation on Process and Procedures. Duties set out in these Rules may be performed by automation.     COMMENTARY: These Rules encompass all matters arising under Titles 29, 30, and 30A of the Hawai‘i Revised Statutes, with 5 exceptions: - Chapter 551A [Office of the Public Guardian] comes within the scope of the circuit court and the family court. - Disputes involving powers of attorney where the issues do not relate to the fiduciary relationship between the principal and agent or to the effect of the disability or death of the principal or agent. Disputes involving third parties arising from transactions in which a power of attorney was used shall, except in cases described above, be considered civil actions not subject to these Rules. These Rules also do not cover issues relating to a Durable Power for Health Care Decisions, which is within the jurisdiction of the family court. - Chapter 555 [Employee's Trusts], because that chapter is limited in its scope to definitional sections and a specific waiver of the Rule Against Perpetuities. - Chapter 558 [Land Trusts], because that chapter does not establish a true fiduciary relationship, but is more in the order of a conveyancing and title-holding statute, and therefore should fall within the Hawai‘i Rules of Civil Procedure. - Parts 2 and 6 of Article V, Chapter 560, because those sections fall within the jurisdiction of the family court. Hawaiʻi Revised Statutes, Section 560:5-106(3) allows consolidation of protective and guardianship proceedings relating to the same person. Note that these Rules clearly apply to trust proceedings. Prior to these Rules, some practitioners argued that a trust proceeding was a civil action requiring a complaint, summons, and answer. In 1995, these Rules brought trust proceedings in line with the procedural rules applicable to probates and what was then known as guardianship of the property.   Subsections (b) through (d) of this Rule account for the effects of electronic filing and service as well as automation.        (Amended November 12, 1997, effective December 15, 1997; further amended April 28, 2006, effective July 1, 2006; further amended September 26, 2019, effective October 28, 2019.)   Rule 2.         ONE FORM OF ACTION.        There shall be one form of action for any case to which these rules apply, which shall be known as a "proceeding."   COMMENTARY: Regular civil cases and family court cases are referred to as "civil actions." The Uniform Probate Code generally refers to all actions thereunder as "proceedings." The use of the term "proceeding" would maintain consistency and help eliminate confusion as to proceedings under these rules as opposed to proceedings controlled by other procedural rules.   Rule 2.1.      MEDIATION RULES.        The Probate Court may direct parties to participate in mediation pursuant to the Mediation Rules for Probate, Trust, Conservatorship, and Guardianship (Mediation Rules), attached to these rules as Exhibit A and effective October 1, 1996, and as subsequently amended.        (Added August 23, 1996, effective October 1, 1996; further amended April 28, 2006, effective July 1, 2006.)     II. PLEADINGS AND PETITIONS   Rule 3.         PLEADINGS ALLOWED; FORM OF PLEADINGS.        (a) Form . There shall be a petition and a response or objection. For purposes of these rules, an application in an informal proceeding is a petition, unless the context of the rule indicates otherwise. Persons may file a joinder, response, or objection to a petition or to a master’s, guardian ad litem’s, or Kokua Kanawai’s report. Persons may file a memorandum in support of their pleadings. Every petition, except one entitled to be heard ex parte, shall be accompanied by an order setting date, time, and place of hearing, which shall include a statement notifying interested persons of the 30-day limit for responding to the petition as provided by Rule 10(c). No other pleading shall be allowed, provided that if a contested matter is referred to the regular civil calendar pursuant to Rule 20, then the Hawaiʻi Rules of Civil Procedure shall apply with respect to the referred petition.   COMMENTARY:        A pleading is a statement by a party to a proceeding or a court-appointed official which sets forth or responds to allegations, claims, denials or defenses, and may be supplemented or supported by affidavit or memorandum. To simplify probate court proceedings, to distinguish them from civil actions, and to address the confusion that currently exists with respect to the proper form of pleadings in trust and other proceedings, all requests for court relief or action shall be initiated by a petition. Motions as a form would be prohibited, except where a contested matter has been assigned to the regular civil calendar pursuant to Rule 20, during which assignment the Hawaiʻi Rules of Civil Procedure would apply. The committee considered combining the concepts of an "objection" and a "response," but felt that an objection is clearly and unequivocally in opposition to a pleading, while a response may not necessarily oppose all relief requested in a petition, and could raise additional issues related to the petition. A response could be a pleading referring to the initial petition, or could be in reference to an objection or another party's response or a master’s, guardian ad litem’s, or Kokua Kanawai’s report. A response should state in its title clearly to what other pleading it is responding. This rule does not abolish other types of procedural documents, such as joinders, receipts, waivers, and the like, which do not contain substantive statements of position.   Orders setting time and place of hearing must contain a sentence notifying interested parties that they have 30 days to file a response or objection to the petition .          (b) Filings in Response to Petition or Master’s, Guardian ad Litem’s, or Kokua Kanawai’s Report. Opposition to any or all of the relief prayed for in a petition or to a master’s, guardian ad litem’s, or Kokua Kanawai’s report shall be in the form of a written objection. Opposition to an application in an informal proceeding shall also be made by filing a petition for formal proceedings. Interested persons may also file a written response to a petition or to a master’s, guardian ad litem’s, or Kokua Kanawai’s report if they do not necessarily object to a petition or to a master’s, guardian ad litem’s, or Kokua Kanawai’s report but desire to state on the record their position, or if they desire to raise additional issues that are related to the petition or to the master’s, guardian ad litem’s, or Kokua Kanawai’s report.   COMMENTARY: In informal proceedings, a person who objects to an application must file a formal petition for determination of intestacy or probate of a will in order to have the objection heard by the court. Such a petition can be filed either before or after the letters are issued (where, for example, no advance notice is given). While HRS § 560:3-302(b) allows the registrar to issue letters if more than 14 days have elapsed since service of the application, it may be difficult for an objecting party to file a formal petition within that time frame. This rule, therefore, allows the party to file a written objection with the court to at least put the registrar on notice of such objection, but a formal petition must also be filed in order for the court to consider the issue.          (c)    Content of Petitions. A petition shall contain (1) a reference to the specific statute or rule, if any are applicable, under which the petition is brought, (2) a concise and plain statement of the facts giving rise to the need for the relief prayed for, (3) all specific facts, allegations, and representations, if any, required by any statute under which the petition is brought, and (4) a prayer for the findings, relief, or order sought. Prayers in the alternative or of several different types may be presented. Petitions shall be construed liberally, and may be deemed amended to conform to the evidence presented.   COMMENTARY: This rule outlines what must be contained in a petition, including specific statutory citations. Petitioners should give sufficient facts in the petition to clearly support the relief requested, including all specific information required by any applicable statute. Given the equitable nature of the proceeding, alternative and multiple prayers may be made, and the petition may be deemed amended to reflect the evidence presented to the court. This rule is in keeping with the informal nature of the proceedings and the desire to dispose of matters quickly without delay caused by failure to follow technical rules of pleading.          (d) Documents Sealed Upon Filing. The following documents shall be sealed upon filing:        (1) birth certificate;        (2) marriage certificate;        (3) death certificate;        (4) tax return;        (5) Kokua Kanawai's report;        (6) court ordered professional evaluation; and        (7) responses and objections to a Kokua Kanawai's report or professional evaluation.        The foregoing documents shall remain sealed unless otherwise ordered by the court, or as provided in HRS §560:5-307 and -407.   COMMENTARY:        This rule is intended to protect the respondent's privacy and to minimize the risk of identity theft. Because of the sensitive information included in birth, death, and marriage certificates, and in tax returns, those documents must be sealed upon filing. The Kokua Kanawai report and any evaluations by court-ordered professionals are required to be sealed upon filing pursuant to Haw. Rev. Stat. § 560:5-306 and 5-406(f). Because the reports are sealed, responses and objections that refer to them are also sealed.          (e) Required Notice; Effect of Failure to Respond. An interested person who opposes a petition or a master’s, guardian ad litem’s, or Kokua Kanawai’s report or intends to support a response or objection shall file the response or objection with the court and serve it on all counsel or parties who have made an appearance in the proceeding. Failure to respond within the time required under Rule 10(c) may be cause for determining that a party waives objection to the petition.   COMMENTARY:        This rule clearly establishes that an interested person cannot sit on his or her rights; all interested persons must let their positions be known, or they will be deemed to have waived any objections to the granting of the petition. The last sentence of the rule uses the term “may” because there may be circumstances in which an interested person does not receive notice of the petition within a sufficient time to respond, and such persons should be allowed to come in after the hearing and show why they should be heard.          (f)    Amendment and Supplementation of Pleadings. A party may amend or supplement a pleading to reflect a change in facts after the time of filing of the original pleading, additional relevant facts or law not stated in the prior pleading, or to reflect the facts as established on the record. Any amendment or supplement relates back to the date of the original pleading. All amendments and supplements shall comply with the filing requirements of Rule 10(c).   COMMENTARY: Generally in probate, amended pleadings to reflect newly-discovered facts, changes in circumstance, or changes in position are allowed. This rule continues that practice, as long as the new pleading is filed within the time constraints of Rule 10(c).        (Amended November 12, 1997, effective December 15, 1997; further amended May 17, 2004, effective July 1, 2004; further amended April 28, 2006, effective July 1, 2006.)   Rule 4.         FORMAT OF DOCUMENTS.        (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 Hawaiʻi 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 Hawaiʻi, having to do with the mechanics of filing documents, and Rule 3 of the Rules of the Circuit Courts of the State of Hawaiʻi, 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 Hawaiʻi 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.        (Amended September 26, 2019, effective October 28, 2019; further amended February 27, 2023, effective July 1, 2023. )   Rule 5.         SIGNING OF DOCUMENTS.        (a)   Verification of Documents. All petitions and applications (other than those signed by a party's attorney) shall include a statement at the end and before the signature of the person presenting the document to the effect that the person understands that the document is deemed to include an oath, affirmation, or statement to the effect that (1) its representations are true as far as the person executing or filing it knows or is informed, (2) it is not being presented for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, and (3) penalties for perjury may follow deliberate falsification. Such a statement shall be accepted in lieu of an affidavit as to the facts stated in the document. If a submittal is not signed or is signed with the intent to defeat the purpose of this rule, it may be stricken as sham and false and the proceeding may proceed as though the submittal had not been served. For willful violation of this rule, a party may be subjected to an appropriate sanction. The signature of an applicant in informal proceedings shall be notarized.        If a document requires consideration of facts not appearing of record or verified as provided above (which may include a document signed by the party’s attorney), it shall be supported by affidavit, signed by the person having knowledge of the facts and competent to testify. In lieu of an affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form: I, (name of person), do declare under penalty of law that the foregoing is true and correct. Dated:_________________________ _______________________ (Signature)               COMMENTARY: This rule requires verification of documents in both informal and formal proceedings. However, applicants in informal proceedings to probate a will, determine intestacy, or appoint a personal representative must also have their signatures notarized. Because the Registrar processes a large number of informal applications filed by pro se applicants, it is important to provide an easy mechanism for the Registrar to determine that the applicant is who he or she claims to be. A notarized signature gives the Registrar this proof without adding any significant cost to the probate process. An application for informal probate or appointment must be signed by the applicant, not by and through counsel.          (b)   Signing by Attorneys. Except as required by statute or by rule, any petition, application, response, objection, memorandum or other substantive document of a party represented by an attorney (including documents signed by an attorney) shall be signed by the attorney of record in the attorney's individual name. The signature of an attorney constitutes a certificate by the attorney that the attorney has read the submittal; that to the best of the attorney's knowledge, information, and belief, there is good ground to support it; and that it is not being presented for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a submittal is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the proceeding may proceed as though the submittal had not been served. For willful violation of this rule, an attorney may be subjected to an appropriate sanction. Similar action may be taken if scandalous or indecent matter is inserted. The attorney's name shall be typed or legibly printed directly below the attorney's signature.   COMMENTARY: This clarifies the role of the attorney in the preparation and presentation of documents. An attorney, by signing any petition, application, response, objection, memorandum or other substantive document, and filing it with the court, is certifying that the attorney understands and has complied with this Rule 5. Therefore, if any attorney signs any substantive document as counsel for a party, a separate Rule 5(b) certification is not required.        (Amended November 12, 1997, effective December 15, 1997; further amended February 5, 2013, effective July 1, 2013; further amended July 13, 2016, effective January 1, 2017.)   Rule 6.         STIPULATIONS.        (a)   Presentation. Unless made in open court, all stipulations shall be in writing, signed by the parties or their attorneys, clearly identify all parties not participating in the stipulation, and be filed with the court.        (b)   Format for Court Approval. An order based upon a stipulation shall be sufficient if the words "Approved and so ordered" are endorsed at the end of the stipulation and signed by the judge.   COMMENTARY: This rule would conform probate court stipulations to common practice. The statement as to parties affected and not affected by the stipulation will speed up the processing of stipulations, as the court staff will not have to confirm that all parties have signed the stipulation. The attorneys do not have to sign the stipulation, but may do so in lieu of the signature of the attorney's client. A stipulation is not necessarily signed or approved by the judge, but Rule 6(b) provides guidance as the proper format to use for court approval.     III. NOTICE; TIME   Rule 7.         METHODS OF SERVING NOTICE.        Except as otherwise specifically provided by these rules, statutes, or court order, personal service of notice may be made by means of hand delivery or first-class mailing to the person at the person's last known address, by mailing or delivering a copy of any document to an attorney who makes an appearance for a person in the proceeding, by service of process and summons, by publication, or by any other method reasonably calculated to give notice to interested persons. Service of notice on a guardian ad litem shall be deemed to be equivalent to service on the persons represented by the guardian ad litem.   COMMENTARY:               HRS § 560:1-401 identifies various methods of serving notice. HRS § 560:5-309(b) requires notice in a conservatorship to be "served personally" on the respondent. Service of notice by a sheriff or other official is not necessary if a more informal process can achieve the same result. The rule also clarifies that service of notice on a guardian ad litem is sufficient to cover notice on the individuals represented by that guardian ad litem, and that additional notice to the individuals is unnecessary.        (Commentary amended April 28, 2006, effective July 1, 2006.)   Rule 8.         PROOF OF SERVICE.        A party required to prove service shall file (a) a written acknowledgment of service by the party or attorney served, or (b) an affidavit by the person making the service, together with original signed return receipts, or (c) a certificate of service by the attorney, or (d) any other proof satisfactory to the court, unless otherwise provided by law or by these rules. The filing of a postal return receipt, receipt for notice, waiver of notice, or joinder, signed by the addressee or the parent of a minor addressee, is prima facie proof of service on the person who signed such document. A party who is prejudiced by failure to receive due notice or to be served, or who is prejudiced by reason that service was made by mail or publication, may petition the court for appropriate relief.   COMMENTARY: The statutes are silent as to the proper method of making proof of service. This rule allows receipts to be filed, an affidavit of service to be filed, or any other method to be used that establishes on the record that notice was given. A proof of service under Rule 8(b) relying on postal return receipts must attach the return receipts. A document properly addressed and mailed is presumed to be received in the ordinary course of mail.        (Commentary amended June 15, 2010, effective July 1, 2010.)     Rule 9.         PUBLICATION OF NOTICE.        (a)   Permissible Publications. Whenever publication of notice is required, it shall be made in a newspaper of general circulation within the judicial circuit or district where the proceeding is being brought.   COMMENTARY: There have been and continues to be abuses in publication of notice. A clear statement of the permissible publications would eliminate possible constitutional challenges and uncertainty. The committee decided against endorsing any specific newspapers because of concern that they may not have sufficient circulation to be considered of general circulation in the judicial circuit. Publication in the Honolulu Star-Advertiser would be presumed to provide adequate notice in all judicial circuits of this state. Use of any other publication shall provide adequate notice only if approved in advance by the court in the order for notice.        (Commentary amended February 5, 2013, effective July 1, 2013.)          (b)   Proof of Publication. Whenever the publication in a newspaper of any summons, process, notice, or order is required, evidence of such publication shall be given by the affidavit of the editor, publisher, manager, foreman, clerk, or printer of such newspaper, to which affidavit is attached a copy of such summons, process, notice or order, and which affidavit also specifies the dates and times when and the newspaper in which the publication was made. The party required to prove service shall file or be responsible for the filing of the affidavit with the clerk before the time fixed for hearing.     COMMENTARY: This formalizes the current practice.          (c)    Content and Brevity of Notice. A person who prepares a notice to be published shall include in the notice the title of the case, case number, court involved, a brief description of the matter to be heard, the date, time, and location of the hearing, and the name, address, and telephone number of either the party or the party's attorney. Any additional information shall be restricted to that required by statute or rule or essential to provide notice of the reason for the publication.   COMMENTARY: This rule is intended to keep costs of administration down by providing guidelines for the content of published notice. Only the essential information necessary to provide adequate notice is to be included in the publication; law firm names, attorney license numbers, names of multiple attorneys, fax numbers, and the like should be eliminated. Capitalized words should be avoided, as they take up more space and result in higher publication costs. Phrases such as "the Honorable John Doe, Judge of the above entitled court" and "on Monday the 12th day of October, 1992" should be dropped in favor of "Judge John Doe" and "Oct. 12, 1992." The idea is to give the public sufficient information to know what is happening, when, and where, and who to contact for additional information. The general guideline is to keep it simple. Use of smaller fonts in the published notice might help to cut costs.                         Rule 10.              COMPUTATION OF TIME.        (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 is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. As used in this rule, "holiday" shall mean any day designated as such pursuant to Section 8-1 of the Hawaiʻi Revised Statutes.        (b)   Enlargement. 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 petition 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 petition 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 Rule 4 of the Hawaiʻi Rules of Appellate Procedure, except to the extent and under the conditions stated in that rule.   COMMENTARY: These rules provide clarification on the measurement of time and conform probate court practice to common court rules.          (c) Time to File Pleadings or Reports.        (1) Objection or Response . A party objecting or responding to a petition must file the objection or response with the court and serve it on interested persons within 30 days after service of the petition and notice of hearing, or in the case of an informal application, within 14 days after service of any application under HRS § 560:3-302(b), except when a different time is prescribed by statute or court order, provided that in matters for which the court has appointed a master or Kokua Kanawai, the following provisions apply:        (A) Master's Report; Objection or Response to Master's Report . Unless otherwise ordered by the court, the court-appointed master shall file a report with the court and serve a copy of the report on all counsel who have appeared in the proceeding within 30 days after the date the master was appointed or within 30 days after the date responses to the petition are due, whichever is later. Any party objecting or responding to the master's report shall file an objection or response to reject or confirm, in whole or in part, the report and shall serve the objection or response on all counsel who have appeared in the proceeding within 10 days after the date the master's report is filed.        (B) Kokua Kanawai's Report; Objection or Response to Kokua Kanawai's Report . Unless otherwise ordered by the court, a Kokua Kanawai appointed pursuant to HRS § 560:5-305 and/or § 560:5-406 shall file a report with the court and serve a copy of the report only upon those persons authorized to receive such report pursuant to HRS § 560:5-307 and/or § 560:5-407 or pursuant to an order of the court, within 30 days after the date the Kokua Kanawai was appointed or within 30 days after the date responses to the petition are due, whichever is later. Any party objecting or responding to the Kokua Kanawai's report shall file an objection or response to reject or confirm, in whole or in part, the report and shall serve the objection or response only upon those persons authorized to receive such report pursuant to HRS § 560:5-307 and/or § 560:5-407 or pursuant to an order of the court, within 10 days after the date the Kokua Kanawai's report is filed.        (2) Objection or Response to Objection or Response . Any party objecting or responding to an objection or response shall file an objection or response and serve it on all counsel who have appeared in the proceeding within 10 days after the responses or objections to the petition are filed, or 72 hours prior to the time set for the hearing as originally set, whichever is earlier, provided that in matters for which the court has appointed a master or Kokua Kanawai, the following provisions apply:                    (A) Objection or Response to Objection or Response to Master's Report . Any party objecting or responding to an objection or response to a master's report shall file the objection or response and serve it on all counsel who have appeared in the proceeding within 20 days after the date the master's report is filed.        (B) Objection or Response to Objection or Response to Kokua Kanawai's Report . Any party objecting or responding to an objection or response to a Kokua Kanawai's report shall file an objection or response and shall serve it only upon those persons authorized to receive such report pursuant to HRS § 560:5-307 and/or § 560:5-407 or pursuant to an order of the court, within 20 days after the date the Kokua Kanawai's report is filed.        (3) Service on Whom; Delivery of Copy to Judge's Chambers . Any party filing an objection or response (including an objection or response to an objection or response) shall also serve it on all other interested persons who have not filed a waiver of notice, even though service may not be completed before the time set for hearing, and shall deliver a copy of the file-marked objection or response to the presiding judge's chambers; provided that in matters for which the court has appointed a Kokua Kanawai pursuant to HRS § 560:5-305 and/or § 560:5-406, the objection or response shall be served only upon those persons authorized to receive such report pursuant to HRS § 560:5-307 and/or § 560:5-407 or pursuant to an order of the court.        (4) Guardian ad Litem . A guardian ad litem appointed by the court in any matter shall comply with the same response dates as any other party, unless otherwise ordered by the court.        (5) Shortening or Expanding Time . The court for good cause may shorten or expand the time requirements of these rules to effectuate the efficient administration of estates.   COMMENTARY: To prevent surprises at hearings, to improve the efficiency of the judicial process, and to fairly put parties on notice of the position of all parties prior to the hearing, objections and responses must be filed within 30 days of service of the petition. This expands the 20-day answer requirement of HRCP 12(a); the longer time period is provided because most interested persons in probate, guardianship and trust proceedings are individuals who are usually not represented by counsel and who often live out of state. In addition, many proceedings have mandatory notice provisions, which often take more than 20 days to satisfy. The rule outlines the response requirements when a master or Kokua Kanawai is appointed and is intended to provide all parties with special rules for filing responses and objections in a manner that will allow cases to proceed efficiently. Attempts should be made to serve all other interested parties as well, but the nature of probate and trust proceedings, with potentially many beneficiaries geographically dispersed, makes a requirement of service on everyone prior to the hearing impractical. When a hearing is continued from the originally scheduled date, pleadings are due within the original time unless the court by order permits an expansion of time, to be measured by reference to the date to which the hearing is continued. The court is granted the power to shorten any of the time requirements for good cause, such as to facilitate the closing of a sale of property, to distribute property or to settle a litigated or negotiated claim.          (d)   Additional Time After Service by Mail. Whenever a person has the right or is required to act within a prescribed period after the service of a notice or other paper upon the person and the notice or paper is served upon the person by mail, two days shall be added to the prescribed period.   COMMENTARY: This rule conforms the timing requirements with respect to mailings to other court rules.        (Amended November 12, 1997, effective December 15, 1997; further amended June 25, 2003, effective July 1, 2003; further amended May 17, 2004, effective July 1, 2004; further amended April 28, 2006, effective July 1, 2006; further amended May 21, 2026, effective July 1, 2026.)                                                                                                                                                                                             [Next page is HPR--9.] IV. HEARINGS   Rule 11.       TELEPHONIC OR                     VIDEOCONFERENCE CALL                      HEARINGS.        (a)   Permissibility. The court, at its discretion, may allow a petition or other pleadings to be heard by telephone conference call or videoconferencing.        (b)   Arranging Conference Call. The party who requests the telephone conference call shall be responsible for arranging the telephone conference call with all parties and the telephone conference call operator and ensuring that the call is arranged and ready for court participation at the time appointed for the hearing.        (c)    Procedure. Prior to the start of the conference call, the clerk shall call the case in the courtroom and outside the courtroom or by public address system and direct anyone appearing for the hearing to the appropriate location for the hearing .   COMMENTARY: These rules formalize the procedures already in use in the Second, Third, and Fifth Circuits, and make them available to the First Circuit, in the court's discretion. Their goal is to decrease costs of proceedings and improve efficiency by avoiding having parties and attorneys from other islands, or remote areas of an island, fly to the island where court is in session or drive long distances for simple matters. The person who requested the conference call shall be responsible for all arrangements with a conference operator and the parties and attorneys to ensure that the call is made to the court with all parties on line at the appropriate time.        (Amended April 22, 2022, effective July 1, 2022.)   Rule 12.       RESERVED.   Rule 13.       CONTINUANCES.        (a)   By the Court. The court in its discretion may continue any hearing to a later date and time (1) when it appears from the record that required filings, notice, or procedures have not been completed prior to the hearing, (2) when a report of a court-appointed master, guardian ad litem, Kokua Kanawai, or appraiser cannot or will not be ready by the hearing date, or (3) when in the interest of justice, judicial efficiency, or fairness, a continuance will permit all parties to the proceeding to be properly and fully represented. If a continuance is imposed by the court, the court shall notify counsel for the petitioner and instruct counsel to submit an amended notice of hearing, with the new hearing date.   COMMENTARY: Continuances by the court are rare; usually they are only imposed when a flag sheet has not been presented to the court on time; where other documents (such as proof of service) are missing, the hearing is held and the documentary deficiency brought to the attorney's attention, giving the attorney the opportunity to point out if a document has in fact been filed but not delivered to the file in time. Requiring that flag sheets be filed prior to the hearing should help eliminate a portion of those continuances. Sometimes the deficiency is not one of the attorney's or party's own making; a document may have been misplaced or misrouted at the court. Parties may have traveled from off island or taken off time from work or school to attend the hearing. By putting a brief explanation of the reason for continuance on the court calendar, the attorney can either catch an error or rectify an omission in time to get the matter reinstated at the original hearing time. This would improve the efficiency of the judicial system, and help alleviate the congested calendar, by eliminating having some matters continued over to future hearing dates, which often prevents new matters from being scheduled for those future dates. This rule would also allow the court to continue the hearing when justice demands; for example, when an heir or beneficiary appears without counsel and may want to object to the petition.            (b)   By Request of the Parties. Any party, master, or guardian ad litem requesting a continuance shall file a petition to continue the hearing date, accompanied by an affidavit of counsel clearly setting forth the basis for continuance, and said petition for continuance shall be heard on the original hearing date, unless otherwise ordered by the court.        The party obtaining a continuance shall prepare and submit to the court an Amended Order Setting Time and Place of Hearing and shall serve the file-marked Amended Order on all parties who have appeared in the matter. Counsel may request a specific hearing date by way of cover letter or transmittal memorandum attached to the Amended Order, but if the court has not yet set the time and place of hearing, counsel shall submit a proposed order with the hearing date and time in blank.   COMMENTARY: Continuances by the parties are confusing, and there are no standard procedures at this time. This rule provides guidance and certainty to the system. Any party may seek a continuance, but that request, unless otherwise ordered by the court, will be heard at the original time set for the hearing. By using the original hearing date to hear any petition for continuance, the court may proceed with the original petition if the continuance is not granted. This rule also clarifies that the person obtaining the continuance is to prepare, file, and serve an amended order setting time and place of hearing, although the order is to be presented to the court with the date and time left blank for the court to fill in.          (c)    Effect of Continuance on Response Time . Unless otherwise ordered by the court, a continuance shall not enlarge the time in which to file responsive pleadings, memoranda, or other documents other than procedural documents.   COMMENTARY: This rule would eliminate using a continuance as a means of buying time to respond to a pleading and would increase judicial efficiency by eliminating an incentive to continue. Parties would have to have their cases prepared for the original hearing date and could not use the continuance delay to improve their positions. This rule also clarifies the situation when a specific deadline is set by statute, rule, or stipulation, such as the requirement that overbids in a confirmation of sale proceeding be delivered to the court prior to the time set for the hearing. A continuance for failure to file a flag sheet in time would not give other prospective bidders additional time in which to submit bids .   Rule 14.              CONSOLIDATION OF PROCEEDINGS.        The court may upon petition of any party order that proceedings involving essentially the same parties be consolidated for hearing; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delays. Any petition to consolidate must be filed in all proceedings sought to be consolidated.   COMMENTARY: Under prior law, the family court had exclusive jurisdiction over all guardianships of the persons. Under the new guardianship statute, specifically HRS § 560:5-106, the probate court now has concurrent jurisdiction over guardianships of adult persons (but not minors) where there is also a conservatorship proceeding. New Rule 100(b) provides that a party may file a single petition in probate court to initiate a guardianship of an adult person and a conservatorship of the same adult person. It is anticipated that an action to initiate a guardianship for an adult person but not a conservatorship for the same adult person will be filed in family court and that an action to initiate a conservatorship for an adult person but not a guardianship for the same adult person will be filed in probate court. If separate proceedings are filed (or for those matters filed before January 1, 2005 for guardianship of the person for an adult and guardianship of the property for the same adult), then the court may permit consolidation of guardianship and conservatorship proceedings concerning the same adult person in probate court.        (Commentary amended February 16, 2005, effective nunc pro tunc January 1, 2005.)   Rule 15.       PROOF OF OFFICIAL RECORD.        (a)   Authentication.        (1)   Domestic. An official record kept within the United States or any state, district, commonwealth, territory, or insular possession thereof, or within the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by the officer's deputy, and accompanied by a certificate that such officer has the custody. The certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of that person's office.        (2)   Foreign. A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof; or a copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position (A) of the attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (A) admit an attested copy without final certification or (B) permit the foreign official record to be evidenced by an attested summary with or without a final certification.        (b)   Lack of Record. A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subdivision (a) (1) of this rule in the case of a domestic record, or complying with the requirements of subdivision (a) (2) of this rule for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry.        (c)    Other Proof. This rule does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law.   COMMENTARY: These rules clarify the proof needed when dealing with records from outside the state and is particularly important in proving foreign wills and trusts and vital statistics. This clarifies that a certified copy of a domestic record is sufficient, while an exemplified copy is only necessary when dealing with foreign documents.          (d)   Non-English Documents. A party presenting a non-English document to the court shall attach to it (1) an English translation of the document and (2) an affidavit of the individual who prepared the translation certifying as to the accuracy of the translation and the qualifications of the individual.   COMMENTARY: This rule establishes the method by which a foreign-language document (such as a will or death certificate) may be presented to the court. All such documents must be accompanied by an English translation and an affidavit of the person preparing the translation. This rule allows parties to select their own interpreters for document translation, as long as such person can establish competency in the affidavit.            (e)    Interpreters. The court may appoint an interpreter of its own selection or recommended by a party and may fix the interpreter's reasonable compensation. The court may direct one or more of the parties to pay the compensation or may tax the compensation as costs.   COMMENTARY: There is currently uncertainty in probate practice as to how to get documents translated. This will allow the court to approve of an interpreter that the parties can then rely on.   Rule 16.       DETERMINATION OF FOREIGN LAW.        A person who intends to raise an issue concerning the law of another state or a foreign country shall give notice in the pleadings or other reasonable written notice. The court, in determining the law of another state or country, may consider any relevant material or source, including testimony and affidavits of law practitioners in that jurisdiction, whether or not submitted by a party or admissible under the Hawaiʻi Rules of Evidence, HRS Chapter 626. The court's determination shall be treated as a ruling on a question of law.   COMMENTARY: This rule provides a means for the court to obtain information concerning and to rule on the applicable law of another jurisdiction. This is of primary importance in the probate of wills, where the validity of execution and form of the will is dependent upon the law of the jurisdiction where the will was signed. In such an instance, an affidavit of an experienced attorney in that other jurisdiction could be relied upon by the court.   Rule 17.       WITHDRAWAL OF PLEADING .        (a)   Procedure. A party may withdraw a petition or objection that has been scheduled for hearing by giving immediate notice of the withdrawal to the court and requesting that the hearing be stricken from the calendar. The party shall immediately contact all other counsel who appeared in the matter to notify them that the hearing is stricken. Within 72 hours of notifying the court of the withdrawal, but in any event no less than 72 hours prior to the scheduled hearing date, the party shall file a "Withdrawal of Petition" or "Withdrawal of Objection" clearly setting forth (1) the title of the pleading being withdrawn, (2) the time and date of the hearing, (3) the name of the presiding judge who was scheduled to hear the matter, (4) in the case of a withdrawal of a petition, that all court-appointed officials have been paid in full, and (5) the party's attorney's signature. File-marked copies of the Withdrawal shall be served on opposing counsel as soon as available. The court in its discretion may impose sanctions on a withdrawing party who fails to comply with this rule.        (b)   Effect of Withdrawal on Hearing. When a petition is withdrawn, the hearing on the petition shall be stricken, except where the withdrawal is the result of a settlement or compromise by the parties. When an objection is withdrawn, the hearing shall continue as scheduled to consider the relief requested in the petition. Where the withdrawal of a pleading is the result of a settlement or compromise, the hearing shall be conducted as scheduled and the parties shall describe the settlement on the record to the extent required by the court.   COMMENTARY: This clarifies the procedures required to strike a hearing date. A settled dispute shall be entered into the record to prevent later misunderstanding. This rule does not apply to contested matters assigned to the civil trials calendar.     Rule 18.       RULES OF EVIDENCE.        The Hawaiʻi Rules of Evidence, HRS Chapter 626, shall apply to all proceedings. However, the court shall interpret and apply the rules broadly and liberally in the interest of fairness and justice and with the goal of judicial efficiency.   COMMENTARY: By their terms (Rule 1101), the Hawaiʻi Rules of Evidence apply to probate, trust, and guardianship and conservatorship matters. However, the court, in exercising its equitable powers, has generally granted wide latitude in the admission of evidence, without tying itself up with technical readings of the rules. This rule acknowledges the effect of the Rules of Evidence, while encouraging broad and liberal application by the court. The committee felt that this clarification of the court's discretion was necessary.        (Commentary amended April 28, 2006, effective July 1, 2006.)   V. CONTESTED MATTERS   Rule 19.       DEFINITION.        A contested matter is any one in which an objection has been filed. The contested matter shall be limite