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Amended Order for Reopening Courts in First Circuit, Hawai'i, Exams of Civil procedure

The third amended emergency order issued by the District Court of the First Circuit in Hawai'i regarding the reopening of courthouses and the resumption of court proceedings during the COVID-19 outbreak. The order includes details on the reopening schedule for different courthouses, self-represented litigant assistance, and the resumption of various types of court proceedings. It also provides information on document drop-off and contact details for court self-help centers.

What you will learn

  • What is the process for document drop-off with the Judiciary in Hawai'i?
  • How can self-represented litigants seek legal advice in landlord-tenant and other district court matters?
  • What types of court proceedings have resumed in the District Court of the First Circuit, Hawai'i?
  • What is the schedule for the reopening of different courthouses in the District Court of the First Circuit, Hawai'i?

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SP. No. I DSD-20-0000005
IN THE DISTRICT COURT OF THE FIRST CIRCUIT
STATE OF HAWAI'I
In the Matter of thc
DISTRICT COURT OF THE FIRST
CIRCUIT'S ADDITIONAL RESPONSE TO
THE COVID-I9 OUTBREAK
THIRD AMENDED EMERGENCY
ORDER REGARDING THE DISTRICT
COURT OF THE FIRST CIRCUIT'S
ADDITIONAL RESPONSE TO THE
COVID-19 OUTBREAK; EXHIBITS l-4
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THIRD AMENDED EMERGENCY ORDER REGARDING THE DISTRICT COURT
OF THE FIRST CIRCUIT'S ADDITIONAL RESPONSE TO THE COVID.I9 OUTBREAK
This matter comes before the Court in light ofthe public health ernergency in the
State of Hawai'i. Pursuant to the Orders of Chief Justice Mark E. Recktenwald filed March 16,
2020, April 17,2020, April 24, 2020, April 27,202O,May 22,2020, and May 28, 2O20, in
SCMF No. 20-0000152, In re the Judtctary's Response to the COVID-|9 Outbreak; Chief Judge
R. Mark Browning's Third Amended Emergency Order #5 Regarding District Court of the First
Circuit filed in SP No. I CSP-20-0000082, In re the Circuit Court of the First Circuit's Response
to the COVID-|9 Outbreak, on May 28, 2020; and with authority as Deputy Chief Judge of the
District Court of the First Circuit, State of Hawai'i, the Court hereby orders the following:
I
Electronically Filed
FIRST CIRCUIT
1DSD-20-0000005
08-JUN-2020
09:29 AM
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Partial preview of the text

Download Amended Order for Reopening Courts in First Circuit, Hawai'i and more Exams Civil procedure in PDF only on Docsity!

SP. No. I DSD-20-

IN THE DISTRICT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI'I In the Matter of thc

DISTRICT COURT OF THE FIRST

THE^ CIRCUIT'S COVID-I9^ ADDITIONAL RESPONSE^ TO

OUTBREAK

THIRD AMENDED EMERGENCY

ORDER REGARDING THE DISTRICT

COURT OF THE FIRST CIRCUIT'S

ADDITIONAL RESPONSE TO THE

COVID-19 OUTBREAK; EXHIBITS l-

) ) ) ) ) ) ) ) ) ) ) )

THIRD AMENDED EMERGENCY ORDER REGARDING THE DISTRICT COURT

OF THE FIRST CIRCUIT'S ADDITIONAL RESPONSE TO THE COVID.I9 OUTBREAK

This matter comes before the Court in light ofthe public health ernergency in the

State of Hawai'i. Pursuant to the Orders of Chief Justice Mark E. Recktenwald (^) filed March 16, 2020, April 17,2020, April 24, 2020, April 27,202O,May 22,2020, and May 28, 2O20, in

SCMF No. 20-0000152, In re the Judtctary's Response to the COVID-|9 Outbreak; Chief Judge

R. Mark Browning's Third Amended Emergency Order #5 Regarding District Court of the First

Circuit filed^ in SP No. I CSP-20-0000082, In re the Circuit Court of the First Circuit's Response

to the COVID-|9 Outbreak, on May 28, 2020; and with authority as Deputy Chief Judge of the

District Court of the First Circuit, State of Hawai'i, the Court hereby orders the following:

I

Electronically Filed

FIRST CIRCUIT

1DSD-20-

08-JUN-

09:29 AM

")

All District Court Courthouses (^) Shall Re-Open for Services to the public l. (^) The Kdne'ohe District Court, the 'Ewa District Court, the Wahiawd

District Court, and the Wai'anae District Court shall re-open to the public on June 8, 2020.

  1. Throughout the COVID-19 (^) outbreak, services to the public have been

available at the Honolulu District court Information Booth. The Information Booth shall

continue to provide services to the public. The Information Booth is located on the plaza,

outside the entrance (^) to the courthouse. (^) Due to its location, the public may obtain (^) services there without standing in (^) the lines desigrated for security screening and/or the elevators.

  1. The Traflic Violations (^) Bureau and Legal Documents Branch on the

second and third floors ofthe Honolulu District court shall re-open to the public on June g,

  1. Self-represented (^) litigants (i.e., people without attomeys) seeking legal

advice in landlord-tenant and other district court matters may request telephonic assistance

through the Honolulu (^) Access to Justice Room. Hours: Monday, Wednesday, and Friday (^) between 9:00 a.m. to l:00 p.m. Telephone number: (808) 538-

Cost: Free

The Honolulu District Court (^) Service Center will refer calls to the Honolulu (^) Access to Justice

Room. In-person appointments at the Honolulu Access to Justice Room are not currently

available. More information (^) about the Access (^) to Justice Room is attached as Exhibit l.

Electronic Filine Services Shall Continue to be Made Available to the Public

  1. (^) Petitions for Temporary Restraining Orders shall be filed electronically, to the (^) extent possible.

distancing is taken into account, the maximum capacity (^) ofeach ofthese courtrooms is significantly reduced.

  1. Throughout (^) the COVID-I9 outbreak, the Honolulu District Court remained open for essential in-court proceedings. These proceedings included: a. Criminal felony cases; b. (^) Criminal misdemeanor and petty misderneanor cases (^) involving defendants in (^) the custody of the Oahu Community Correctional

Center (OCCC),^ the Hawai'i State Hospital (HSH), and/or the

Honolulu Police Department (HPD); c. Criminal traffic misdemeanor (^) and petty misdemeanor cases

involving defendants in the custody of OCCC, HSH, and/or HPD;

d. (^) Cases on (^) the mental health calendar involving hearings under Hawai'i Revised Statutes (Haw. Rev. Stat.) Chapter 704 on (l) Orders for Ternporary Hospitalization; (2)^ Motions to Revoke Conditional Release; and (3)^ other essential hearings; e. Cases involving temporary restraining orders (TROs) (^) and injunctions under Haw. Rev. Stat. (^) $ 604-10.5; and f. (^) Cases involving TROs (^) and injunctions based on illegal lockouts

and utility shutoffs.

These essential court proceedings shall continue to be heard at the Honolulu District Court. For

TRO cases (^) filed between June l, 2020, and June 30, 2020, no more than five (5) (^) cases shall be

set during any court session, without prior approval of the Deputy ChiefJudge.

4

  1. During the COVID-I9 (^) outbreak, the District (^) Court worked with numerous

stakeholders to facilitate court proceedings via video conferencing in cases involving custody

defendants. To the extent possible, video conferencing shall continue to be used for cases

involving defendants currently in the custody of HPD, OCCC, and/or HSH.

1 1. In-person proceedings (^) in criminal misdemeanor, criminal petty

misdemeanor, traffic misdemeanor, and traffic petty misdemeanor cases involving defendants

who are not in the custody of (^) occc, HSH, and/or HPD will (^) be postponed (^) until after June 30,

a. Remote hearings (^) for status conferences, change (^) ofplea, and demand or waiver ofjury (^) trial proceedings (^) are cunently being explored. b. Individuals (^) with pending anaignment dates in criminal

misdemeanor, criminal petty misdaneanor, traffic misdemeanor, and traffic petty misdemeanor

cases who cannot afford to hire (^) an attomey may contact the office (^) of the Public Defender for possible legal representation prior to their (^) court dates. Individuals will (^) still need to go through a

qualification process based on their financial situation to qualify for services. Intake

appointments are (^) currently available by telephone only.

Hours: Monday through Friday, 7:45 a.m. to 4:30 p,m.

Telephone: (808) 586-

Cost: Free

The Office of the Public Defender does not provide legal services in civil cases.

  1. Effective (^) June l, 2020, in-person hearings (^) for DWI Court shall resume. To the extent possible, remote hearings shall (^) be utilized.

5

unit" as set forth in Govemor David Y. Ige's Eighth Supplementary Proclamation Related to

COVID-19 Emergency (dated May 18, 2020 and effective to June 30, 2020).

  1. Effective June 8, 2020, civil pretrial conferences shall resume. To the

extent possible, remote hearings shall be utilized. In the event a case on the pretrial calendar

seeks "to terminate any tenancy for a residential dwelling unit, for failure to pay all or any

portion of the rent, maintenance fees, utility charges, taxes, or other fees" as set forth in

Govemor David Y. Ige's Eighth Supplementary Proclamation Related to the COVID-I

Emergency (dated May 18, 2020), the presidingjudge shall (i) reschedule the retumable hearing

to a date after (^) June 30,2020, if the Complaint was filed on or before April16,2020, (i.e., prior

to the effective date of Govemor David Y. Ige's Fifth Supplementary Proclamation Related to

the COVID-19 Emergency dated April 16, 2020), or (ii) dismiss (^) the case if the Complaint was filed on or after (^) Apnl (^17) ,2020. a. Appearances at pretrial (^) conferences for the sole purpose of requesting continuances are strongly discouraged, (^) Instead, parties

should file stipulations to continue or motions to continue in

accordance with^ the District Court Rules of Civil Procedure.

b. Appearances at pretrial conferences for the sole purpose (^) of dismissing a claim or counterclaim are strongly discouraged. Instead, parties should file stipulations for dismissal, notices of

dismissal. or motions to dismiss in accordance with the District

Court Rules of Civil Procedure.

  1. Effective (^) June 8, 2020, civil settlement conferences shall resume. To the

extent possible,^ ranote hearings shall be utilized.

7

l'7. Effective (^) June 15, 2020, the regular claims answer calendar at the

Honolulu District Court shall resume. Under the District Court Rules of Civil Procedure,

Plaintiffs are not required to appear at answer. Defendants may file written answers rather than

appearing in court. Written answers must be served on all parties and filed within the time

periods set forth in the District Court Rules of Civil Procedure.

a. Answers cunently scheduled (^) in the Honolulu District Court for the week ofJune l-5,2020, will (^) be rescheduled to dates approximately

8 weeks later. Appearance times may be staggered by the Court.

b. Answers (^) cunently scheduled in the Honolulu District Court for the week ofJune 8-12,2020, will be rescheduled (^) to dates

approximately 8 weeks later. Appearance times may be staggered

by the Court.

  1. Effective Jtne 22,2020, the retumable calendar at the Honolulu (^) District

Court shall resume only for the purpose of answering any complaint for summary possession

and/or ejectment and for scheduling civil pretrial conferences regarding any complaint for

su rmary possession and/or ejectment. Under the District Court Rules of Civil Procedure,

Plaintiffs in summary possession and ejectment cases are not required to appear at retumable

hearings. Defendants in summary possession and ejectment cases may file written answers or

general denials in lieu of in-person appearances at retumable hearings. Written answers or

general denials must be served on all parties and filed within the time periods set forth in the

District Court Rules of Civil Procedure. In the event a case on the retumable calendar seeks "to

terminate any tenancy for a residential (^) dwelling unit, for failure to pay (^) all or any portion of the

rent, maintenance fees, utility charges, taxes, or other fees" as set forth in Govemor David Y.

8

b Retumable hearings currently scheduled in the Honolulu District

Court for the week ofJune 8-12,2020, will be rescheduled for the

week ofJune 29-July 2,2020, or soon thereafter. Appearance

times may be staggered by the Court. In the event a case on the

returnable calendar seeks "to terminate any tenancy for a

residential dwelling unit, for failure to pay all or any portion of the

rent, maintenance fees, utility charges, taxes, or other fees" as set

forth in Govemor David Y. Ige's Eighth Supplernentary

Proclamation Related to the COVID-l9 Emergency (dated May

I 8, 2020), the presiding judge^ shall (i) reschedule the retumable

hearing to a date after June 30,2020, if the Complaint was filed on or before April 16, 2020, (i.e., prior to (^) the effective date of

Govemor David Y. Ige's Fifth Supplementary Proclamation

Related to the COVID-19 (^) Emergency dated April 16, 2020), or (ii) dismiss the case if the Complaint (^) was filed on or after April 17,

Retumable hearings currently scheduled in the Honolulu District

Court for the week ofJune 15-19,2020, will be rescheduled (^) for the

week ofJuly 6-10,2020, or soon thereafter. Appearance times

may be staggered by the Court. In the event a case on the

refumable calendar seeks "to terminate any tenancy for a

residential dwelling unit, for failure to pay all or any portion ofthe

rent, maintenance fees, utility charges, taxes, or other fees" as set

l

c.

forth in Govemor David Y. Ige's Eighth Supplementary

Proclamation Related to the COVID-I9 Emergency (dated May

18,2020), the presiding judge^ shall (i) reschedule the retumable

hearing to a date after June 30,2020, if the (^) Complaint was filed on or before April 16, 2020, (i.e.,^ prior to the effective date of

Govemor David Y. Ige's Fifth Supplanentary Proclamation

Related to the COVID-I9 Emergency (^) dated April 16, 2020), or (ii) dismiss the case if the Complaint was filed on or after April 17,

  1. Non-hearing motions to advance retumable hearings (^) in cases based on

alleged non-monetary breach involving violence, threats ofviolence, illegal activity, and/or

safety and health violations may be filed upon written notice to all parties. Retumable hearings

will not (^) be advanced to any date prior (^) to June 22, 2020.

  1. Parties in summary possession and ejectment cases are encouraged to mediate their disputes prior to the retumable hearing, (^) if possible. (^) Free mediation services in landlord-tenant cases are currently available through the Mediation Center (^) of the Pacific, lnc. Hours: Monday through Friday, 8:30 a.m. to l:30 p.m.

Telephone: (800 52f-

Cost: Free More information about the Rapid Response (^) Landlord-Tenant Mediation is attached as Exhibit

  1. Effective June 22,2020, the civil (^) motions calendar at the Honolulu

District Court shall resume. To the extent possible, rernote hearings shall be utilized.

l

  1. Effective July 6,2020, civil cases at the Kdne'ohe (^) District Court, the'Ewa

District Court, the Wahiawd District Court, and the Wai'anae District Court shall resume. To the

extent possible, remote hearings shall be utilized. a. Cases currently scheduled at the Kene'ohe District Court, the 'Ewa

District Court, the WahiawE District Court, and the Wai'anae

Dishict Court on dates prior to July 6,2020, will be rescheduled to

dates approximately 8 weeks later. Appearance times may be

staggered (^) by the Court. b. Some cases currently scheduled at the Kdne'ohe District Court, the

'Ewa District Court, the Wahiawd District Court, and the Wai'anae

District Court on or after July 6, 2020 may also be rescheduled due

to staffing and social distancing requirements. Appearance times may be staggered by the (^) Court.

  1. While court proceedings remain open to the public, judges^ and court (^) staff

shall encourage persons present^ in the courtroom to be mindful of the need for social distancing.

At times, this means that people may be required to wait outside the courtroom until their cases

are called. Priority shall be given to the parties and attomeys whose cases are being heard.

IT IS SO ORDERED.

DATED: Honolulu, Hawai'i, June 8, 2020.

/1""2-*-l>-

Melanie Deputy May

Circuit Court,ChiefJudge, State of Hawai'iDistrict^ Court^ of^ the^ First

l

BI

LEGAL AID i

)

M&ling Addr6! T.lcphonc.P.o Box37375.^ (t06)^ 516-1102 tlonolulu.^. f.rH.*!ii^ (808) 96817.0175^ 527-t0tt ,a (^) a, 924 B.thcl Str..t. (^) H(,lolulu, thwaii 96811 SOCIETY (^) OF HAWAI'I (^) lkEsidcnl lloxrdJo\eph ol tloi!in. l)irectt)rs Jr Nl Nalani fujimon litacutivc l)in'cl()r }.aind. Esq FORMay IIMMEDIATE 1. 2020 RELEASE

Volunteer Attorneys Provide Legal Help to the Community b!' Remote Court Self-Help Centers

Volunteer attomeys (^) are providing (^) legal help ro rhe communit), remotely through the surewide Coun Selt'- Help Centers. Attomeys will provide (^) limited legal help by telephone in (^) areas such as landlord-tenant. family, and other district coun (^) matters. Calls u'ill (^) be answeret by an AmeriCorps Advocate who will connect you^ with the attorney. Please (^) call the Court Sell-Help Center in your (^) community during the

tbllowing days and times.

Honolulu Access to (^) Justice Room: Mondal'. Wednesday'. (^) and F rida1. lrom 9:00 am (^) - l:00 pm Callers will (^) be referred by the Honolulu Disrricr Court Sen,ice Center. Phone: (808) 538- Kauai (^) Court Self-Help Center: Mondal'and Thursdal, liom (^) l0:00 am (^) - Noon

Phone: (808)^ 698-7i

Maui Court Self-Help Center: (^) Mondal'and Thursdav tiom l0:00 am (^) - l:00 pm. Phone: (808) 707-715:. Hilo Court Self-Help Center: Tuesday and Friday l l:15 am (^) - l2:.15 pm. Phone: (808) 746- Kona Court Self-Help Center: Wednesdal (^) from I l:00 am (^) - I:00 pm Phone: (808) 437- The Commission. the Court Self-l{elp Centers are a collaborative eftbn ol the Judiciary. (^) the Ilawaii Access to Justice

Association, the Hawaii^ Hawaii^ State^ Bar Association. the Kauai^ County^ Bar Association. the^ Maui^ County Bar

Legal Aid Society of HawaiiCounty Bar Association, West^ Hawaii^ Bar Association, AmeriCorps.^ and^ the visitors (^) have received legal help andto^ increase nearly^ access 700 attomeys^ to^ justice have^ for volunteered^ sell'-represented litigants. Over^ 27. Center opened on Kauai in 201 I. since the^ tirst Coun Self-Help Established in 1950 with (^) l0 offices statewide, the Legal Aid Society ol'Hawaii is a non-protit. public

interest people. law firm dedicated to increasing access tojustice fbr the sute's most vulnerable and disadvantaged

\lcd ia (irn^ tact:^ #4H

Diana Phone: Kim (808) (^527) -8028 Email: Diana.Kim@legalaidhawaii.org

1[.r.sc

EXHIBIT 1

A \ $UNITED^ \^ .lc!-lxl:ridha$ WAY AGENCY^ itii.or!

How-To Guide

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