Your recipients will receive an email with this envelope shortly and will be able to access it on trellis. You can always see your envelopes by clicking the Inbox on the top right hand corner.
Your subscription has successfully been upgraded.
“In Hawai'i, discovery rules reflect a basic philosophy that a party to a civil action should be entitled to the disclosure of all relevant information in the possession of another person prior to trial, unless the information is privileged." (See In re Narayan (2017) 400 P.3d 544, 554; Hac v. Univ. of Haw. (2003) 102 Hawai'i 92, 100, 73 P.3d 46, 54.)
“The provisions pertaining to discovery in the Hawaii Rules of Civil Procedure were adopted to put an end to the sporting theory of justice, by which the result depends on the fortuitous availability of evidence or the skill and strategy of counsel.” (See Dicenzo v. Izawa (1986) 68 Haw. 528, 534-35.)
“Adequate discovery is necessary to provide claimants a fair opportunity to present their claims." (See Gilmer v. Interstate/Johnson Lane Corp. (1991) 500 U.S. 20, 31, 111 S.Ct. 1647, 114 L.Ed.2d 26.)
“Our system of civil litigation cannot function if parties, in violation of court orders, suppress information called for upon discovery.” (See Matsuura v. E.I. Dupont de Nemours & Co. (2003) 102 Haw. 149, 165-66.)
"Mutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation.” (See id.)
However, in some instances the court “may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense…including ... that the ... discovery not be had.” (See Haleakal v. Univ. of Hawai'I (2016) 382 P.3d 176, 185 n.20.)
“In determining whether good cause exists for issuance of a protective order the court must balance the requesting party's need for information against the injury that might result if uncontrolled disclosure is compelled." (See Brende v. Hara (2009) 113 Hawai'i 424, 431, 153 P.3d 1109, 1116 (2007); Doe v. Doe, 120 Haw. 149, 170.)
“HRCP Rule 26(c) provides, in pertinent part, upon motion by a party or by the person from whom discovery is sought, accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court in the circuit where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense....” (See Haleakal v. Univ. of Hawai'I (2016) 382 P.3d 176, 185 n.20.)
“A party has standing to move for a protective order with respect to discovery directed at a non-party on the basis of annoyance, embarrassment, oppression, or undue burden or expense that the moving party will bear.” (See Haw. R. Civ. P. 26.)
“If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.” (See id.)
“Once a court issues a protective order, it must order reasonable expenses to the movant unless the opposing party was substantially justified or the award of expenses was unjust.” (See Hall v. Dep't of Land & Nat. Res., No. CAAP-17-0000382, at *6 (Haw. Ct. App. Apr. 29, 2022).)
“We review a trial court's granting of a protective order for an abuse of discretion.” (See Doe v. Doe (2009) 120 Haw. 149, 165.)
“Thus, the exercise of such discretion will not be disturbed in the absence of a clear abuse of discretion that results in substantial prejudice to a party.” (See Anastasi v. Fid. Nat'l Title Ins. Co. (2016) 366 P.3d 160, 167.)
“An abuse of discretion occurs when the trial court has clearly exceeded the bounds of reason or disregarded rules or principles of law or practice to the substantial detriment of a party litigant." (See Anastasi v. Fid. Nat'l Title Ins. Co. (2014) 341 P.3d 1200, 1212; Save Sunset Beach Coal. v. City & Cnty. of Honolulu (2003) 102 Hawai‘i 465, 484, 78 P.3d 1, 20.)
It is well settled that “prior to trial every party to a civil action is entitled to the disclosure of all relevant information in the possession of any person, unless the information is privileged [or protected].” (See Dicenzo v. Izawa (1986) 68 Haw. 528, 535.)
It is also well settled that “a party's failure to obey a court order to provide discovery is expressly subject to sanctions enumerated in HRCP Rule 37(b). The available sanctions under this rule include requiring the disobedient party to pay the reasonable expenses, including attorney's fees, caused by the failure [.]” (See HRCP Rule 37(b)(2); Aloha Unlimited, Inc. v. Coughlin (1995) 79 Hawai‘i 527, 534, 904 P.2d 541, 548; Valentine v. Wong (2012) 284 P.3d 223.)
Dec 06, 2023
ACTIVE
Honolulu County
Honolulu County, HI
DV - Divorce
Family
Divorce,Separation
Jul 07, 2023
ACTIVE
Honolulu County
Honolulu County, HI
DV - Divorce
Family
Divorce,Separation
Jun 22, 2023
Settlement
Honolulu County
Honolulu County, HI
DV - Divorce
Family
Divorce,Separation
Jun 03, 2023
Other
Honolulu County
Honolulu County, HI
DV - Divorce
Family
Divorce,Separation
May 24, 2023
Other
Honolulu County
Honolulu County, HI
DV - Divorce
Family
Divorce,Separation
May 16, 2023
ACTIVE
Honolulu County
Honolulu County, HI
CV - Circuit Court Civil
May 02, 2023
ACTIVE
Honolulu County
Honolulu County, HI
DV - Divorce
Family
Divorce,Separation
Apr 27, 2023
Other
Hawaii County
Hawaii County, HI
DV - Divorce
Family
Divorce,Separation
Apr 24, 2023
Other
Honolulu County
Honolulu County, HI
CV - Circuit Court Civil
Apr 20, 2023
Other
Honolulu County
Honolulu County, HI
CV - Circuit Court Civil
Apr 11, 2023
ACTIVE
Hawaii County
Hawaii County, HI
Mar 13, 2023
ACTIVE
Honolulu County
Honolulu County, HI
DV - Divorce
Family
Divorce,Separation
Mar 06, 2023
Other
Honolulu County
Honolulu County, HI
CV - Circuit Court Civil
Mar 03, 2023
Other
Honolulu County
Honolulu County, HI
CV - Circuit Court Civil
Jan 25, 2023
Appealed
Maui County
Maui County, HI
DV - Divorce
Family
Divorce,Separation
Jan 19, 2023
Dismissal
Honolulu County
Honolulu County, HI
CV - Circuit Court Civil
Jan 17, 2023
Other
Hawaii County
Hawaii County, HI
CV - Circuit Court Civil
Jan 11, 2023
Active
Hawaii County
Hawaii County, HI
DV - Divorce
Family
Divorce,Separation
Jan 09, 2023
Dismissal
Honolulu County
Honolulu County, HI
CV - Circuit Court Civil
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.