Rule 3. COMMENCEMENT OF ACTION

(a) By filing of complaint. A civil action is commenced by filing a complaint which shall include a civil information sheet with the court except that an appeal pursuant to Rule 72 and an action for relief from harassment maintained pursuant to HRS Section 604-10.5 are commenced by filing a petition.

COMMENTS:

Allows for additional requirement of civil information sheet and amends the rule to account for Rule 72 Administrative Appeals and HRS § 605-10.5 temporary restraining orders against harassment situations.

(b) Venue. The venue of an action is within the judicial circuit established by statute.

COMMENTS:

Not changed.

(c) Place of filing; Assignment to Division. Unless otherwise ordered by the administrative judge of a district court, the complaint shall be filed (1) in the division where the defendant resides; (2) if the defendant does not reside in the judicial circuit, then in the division where the claim for relief arose, or if the claim for relief arose without the judicial circuit, then in any division where the defendant can be found; (3) if there are defendants residing in different divisions, then in the division where the claim for relief arose, or if the claim for relief arose without the judicial circuit, then in any division where any defendant can be found; (4) in an action for summary possession brought under chapter 666 of the Hawaiʻi Revised Statutes, in the division in which the premises or some part thereof are situated, without regard to the defendant's place of residence.

COMMENTS:

Not changed.

(d) Transfer. The court may transfer an action to any division within the judicial circuit, or outside the judicial circuit if so provided by statute, upon or without terms and conditions as the court deems proper.

COMMENTS:

Not changed.

(Amended February 22, 2010, effective February 22, 2010.)