Hawaii State Courts

Hawaii Courts

The Hawaii Court system is the state's judicial branch. It is a unified system and operates under the supervision of the Chief Justice of the Hawaii Supreme Court. The primary function of the judiciary branch is to serve justice efficiently and impartially per the state laws, in corporation with the executive and legislative branches. The Hawaii court system consists of:

• The Supreme Court
• Intermediate Court of Appeals
• Circuit Court
• Family Court
• District Court
• Environmental Court
• Land Court
• Tax Appeal Court
• The Office of the Administrative Director of the Courts

The Hawaii Supreme Court hears appeals before it upon applications for writs of certiorari to the state's Intermediate Court of Appeals. It is the highest court in Hawaii and has final decisions over appeals from the lower courts. The court is responsible for making court rules and procedures for all state courts, disciplining and licensing attorneys. It also has exclusive jurisdiction over election cases. The Supreme Court justices are selected using a system in which the Hawaii Judicial Selection Commission sends candidates lists to the governor. The governor then appoints from that list but is subject to the approval of the Hawaii State Senate. The Hawaii Supreme Court has five justices, each of whom serves a renewable ten-year term, and one of them serves as the Chief Justice.

The Hawaii Intermediate Court of Appeals is the second-highest court in the state and an appellate court. Most appeals from the state trial courts and agencies are heard at this court. It has discretionary authority to hear cases involving a question of law submitted without a prior suit. The court comprises six judges who serve a term of ten years each. These six judges sit in panels of three to decide on cases brought before the court. An application to the Hawaii Supreme Court under the circumstances set out by the Hawaii Revised Statutes may transfer cases from the Intermediate Court of Appeals to the state's highest court.

The Hawaii Circuit Court has general jurisdiction in all the state's civil and criminal cases. It hears misdemeanor violations and mechanic's liens cases transferred from the District Court for jury trials. The court has exclusive authority in criminal felony cases, probate matters, and civil cases where the amount involved is over $40,000. It also has concurrent jurisdiction with the District Court in civil-non-jury trials where the contested amount is between $10,000 and $4,000.

The Hawaii Family Court primarily hears and resolves matters involving children and families. The major types of cases tried in this court are domestic violence, domestic relations, and children's concerns. The court provides a fair and quick resolution of legal matters brought before it.

The District Court is a trial court with exclusive jurisdiction over landlord-tenant matters and traffic infractions in Hawaii. It hears civil cases for a specific performance whose fair market value does not exceed $20,000 and criminal offenses punishable by imprisonment of less than one year or fine.

The Environmental Court sits on civil and criminal cases involving streams, water, forests, mountains, air, and beaches. Land Court has exclusive jurisdiction over applications for title registration and rights in land held. The Tax Appeal Court handles all disputes related to income, property, tobacco, excise, and insurance taxes. The responsibility of the Hawaii court system operations, which may include planning, policy, and support services, lies with the Office of the Administrative Director of the Courts.

There are also federal courts within Hawaii that hear appeals from the state Supreme Court and decide on federal cases and matters pertaining to federal law. The administrative office of each court in Hawaii, including federal appellate courts, is responsible for documenting each judicial process as Hawaii court records. These records are disseminated to interested and eligible persons per state statute.

Hawaii Supreme Court

Established in 1959, the Supreme Court is the state's court of last resort and hears the following types of cases:

• Complaints regarding elections
• Reserved questions of law from the Land Court, Circuit Court, and the Tax Appeal Court
• Applications for writs to public officers and judges

The court has the responsibility of disciplining judges and attorneys. It also licenses and regulates attorneys. The Supreme Court makes rules of practice for all state courts and has appellate jurisdiction over lower courts’ decisions. Five justices sit on the Supreme Court of the State of Hawaii, one of whom is the Chief Justice.

Hawaii Intermediate Court of Appeals

The Hawaii Intermediate Court of Appeals is an intermediate appellate court that hears all appeals from the state's trial courts and some agencies. Established by the Hawaii Constitution in 1959, the court consists of six judges who sit in panels of three to rule on cases brought before them. At the Supreme Court's discretion, legal suits from the Hawaii Intermediate Court of Appeals may be transferred to it. Each one of the six judges of the Intermediate Court of Appeals serves ten-year terms.

Hawaii Circuit Courts

The Hawaii Circuit Court has general jurisdiction over civil and criminal cases, and it is where jury trials happen. The court has concurrent jurisdiction with the Hawaii District Court when it comes to civil non-jury proceedings in which the contended amounts are between $10,000 and $40,000. It exercises exclusive authority in probate matters, guardianship cases, criminal felony cases, and civil cases in which the amount in controversy is more than $40,000.

Hawaii District Courts

The Hawaii District Court is a trial court in the state with jurisdiction over the following cases:

• Civil cases for specific performance when the fair market value does not exceed $20,000
• Traffic violations
• Appeals from administrative denials of motor vehicle registration
• Violations of state laws or county ordinances
• Criminal offenses that are punishable by imprisonment not exceeding one year
• Civil actions in which the debt, amount, damages, or value of the property claimed does not exceed $40,000. The District Court does not have jurisdiction over actions for libel, slander, defamation of character, malicious prosecution, false imprisonment, breach of promise of marriage, or seduction
• Landlord-tenant dispute
• Ejectment proceedings, where the title to real estate does not come into question
• Small claims cases where the amount claimed does not exceed $5,000
• Probable cause hearings for felony cases

Hawaii Family Courts

The Hawaii Family Court handles cases involving children, domestic violence, and domestic relations. It also hears cases regarding adult guardianships, civil commitment, and adult abuse. The Family Court provides a speedy, fair, and economical platform for resolving family and children related legal matters. It was established in 1965.

What are Appeals and Court Limits in Hawaii?

An appeal helps determine whether a lower court made a mistake in reaching its decisions based on the events that happened there. Typically, it is not a new trial. Appellate courts in Hawaii do not admit new exhibits, evidence, or material not presented to the court from which appeals came. Attorneys who are registered users of the Judiciary Electronic Filing System (JEFS) must electronically file a notice of appeal as required by Rules 2.2 and 4.1 of the Hawaii Electronic Filing and Service Rules. Parties who are representing themselves and attorneys who are exempt from registering as JEFS users may conventionally file the notice of appeal with the clerk of court from which a case is being appealed. A party who files a notice of appeal in a civil case will equally file a Civil Appeal Docketing Statement (CADS). However, an appellate clerk will not reject a notice of appeal that does not have CADS.

The notice of appeal must be filed within 30 days after entry of a decision for civil appeals permitted by law. The same applies to criminal cases. A party may contest the ruling of the Intermediate Court of Appeals by applying for a writ of certiorari in the Supreme Court of Hawaii. Such an appeal should be filed within 30 days after the filing of the Intermediate Court of Appeals decision. However, granting or rejecting such an application is a matter within the discretion of the Supreme Court. The Hawaii Judiciary Branch provides residents with Hawaii appeal process workflow and the Rules of Appellate Procedure.

How Do I Find My Case Number in Hawaii?

A case number can help facilitate a smooth search of records or legal proceedings at courthouses. It is a unique identification number assigned to court cases while being filed. Tagging a suit is essential. It designates a file and differentiates it from previous or subsequent legal matters in the court. Interested persons can visit the courthouses where their cases were filed to find their case numbers. They must have the prerequisite information that will enable the clerk of the court to search in the shortest time possible. It is also possible to find Hawaii court case numbers online.

The State Judiciary Branch manages eCourt Kokua and Ho'ohiki online case repositories. Interested individuals may query eCourt Kokua for cases by party names to retrieve their case number of interest. eCourt Kokua provides information on District Court civil and criminal cases, Circuit Court civil and criminal cases, Land Court and tax appeal court cases, Family (Adult) Court criminal cases, and traffic cases. Likewise, Ho'ohiki is an online repository for civil cases filed in the Family Court. People can find their Family Court civil case numbers by providing their names in the name search field.

Does Hawaii Hold Remote Trials?

Yes. The Hawaii State Judiciary devised a means to participate in remote trials in order to minimize in-person contact and prevent the spread of coronavirus. A remote hearing allows case participants to join court hearings from places other than the actual courtroom using technology. The State Judiciary uses Zoom and Cisco Webex Cloud to hold court hearings, but each court may decide which is best for them. Participants who do not have internet access to participate by video may call a toll-free phone number to participate in court trials. Parties involved in remote trials can use their laptop computers, desk PCs, or other mobile devices installed with Zoom or Webex to participate in a court trial videoconferencing. Before a remote court hearing, the court will provide participants with details on how to participate and state whether it will be by Zoom or Webex. The Hawaii Judiciary proffers the following tips on making the most of remote trial participation:

Before The Trial

• Participants should download the Cisco Webex or Zoom App and test their choice device to use for the video conference at least one day in advance.
• Participants should sit in front of a neutral background, such as a wall, in a well-lit area where they will not be disturbed.
• Participants should dress as they would in the courtroom.
• Participants should use earbuds or headphones to improve sound quality.
• If participants would be using exhibits, they should clearly label all documents and send them to the court and all parties at least 24 hours before the hearing.

During The Trial

• Log in to the meeting at least ten minutes before the scheduled start time.
• Participants should keep their microphone on “mute” when they are not speaking.
• Participants must not make any recording of the hearing. If they do, the court may sanction them.
• If a participant needs to display an exhibit that was not sent to the court in advance, they can tell the court about it during the call. The staff member hosting the meeting will show it so all meeting participants can see such an exhibit.