What are Hawaii Court Records?

Case Files/Information

Detailed documents related to legal cases, containing information about the parties involved, case numbers, filing dates, and case types.

Dockets

Listings of court events, hearings, and scheduled proceedings that provide an overview of case progress and future activities.

Judgments and Orders

Documents containing court decisions, rulings, and outcomes. Judgments specify responsibilities and any resulting payments or penalties, while orders address procedural aspects during a lawsuit.

Transcripts

Exact records of court proceedings, including testimonies, arguments, and judicial rulings during hearings and trials.

Evidence

Court records that include evidence presented during trials, such as exhibits, photographs, and expert reports.

Court Minutes

Summaries of court sessions that detail the actions taken, motions filed, and discussions held.

Pleadings

Legal documents filed by parties or attorneys, including complaints, indictments, motions, orders, and jury verdicts.

Briefs

Written arguments submitted by attorneys that present legal issues, and relevant facts, to appellate courts.

Criminal Cases

Criminal cases in Hawaii are handled by different courts depending on the severity of the offense. Examples of criminal offenses in the state include:

• Felonies include Murder, Manslaughter, Sexual Assault, Burglary, Drug Trafficking.
• Misdemeanors such as Assault, Petty Theft, and DUI.
• Juvenile cases
• Drug offenses
• Domestic violence.

In Hawaii, the court system addresses and manages all types of criminal cases, ensuring that justice is served while also focusing on rehabilitation when possible.

Civil Cases

Civil cases are resolved through the state's District and Circuit Courts, depending on the nature and complexity of the issue. Civil cases are vital in maintaining order in Hawaii, as they help resolve disputes and protect the rights of its residents. Some examples of civil cases include:

• Torts (Personal Injury, Medical Malpractice, Defamation).
• Contract disputes.
• Landlord-Tenant Disputes.
• Probate Cases.
• Family Law Cases.
• Environmental Cases.
• Property Disputes.

Supreme Court

The Hawaii State Supreme Court serves as the highest judicial authority in the state and the last resort in legal matters. It has the authority to make conclusive decisions on appeals from lower courts within the Hawaiian judicial system. The court is responsible for establishing court rules, overseeing attorney licensing, and regulating the professional conduct of attorneys in Hawaii.

The Hawaii State Supreme Court has jurisdiction to address questions of law that have been passed to it from trial courts or the federal court, hear civil cases submitted on agreed-upon statements of facts, and decide questions coming from proceedings of writs of mandamus, prohibition, and habeas corpus. Appeals are decided by the members of the Supreme Court based on written records, and in some cases, oral arguments may be granted.

The Hawaii Supreme Court has five justices who are appointed by the Governor to serve ten-year terms. To be eligible for appointment, candidates must be U.S. citizens, residents of Hawaii, and have at least 10 years of experience as licensed attorneys. Additionally, all justices must retire at the age of 70.

Intermediate Court of Appeal

In cases where a question of law could be the basis of a civil lawsuit in the Circuit Court or Tax Appeal Court and the parties agree on the facts upon which the controversy depends, the ICA has the authority to entertain such cases without a prior suit.

The decisions made by the ICA are reviewed by the Hawaii Supreme Court through a process known as an application for a writ of certiorari.

The ICA has one chief judge and six associate judges, who sit in selected panels of three. Each judge is appointed to an initial ten-year term by the Governor. The governor nominated judges from a list submitted by the Judicial Selection Commission. A judge's nomination is subject to confirmation by the Hawaii Senate; however, reappointments need only the approval of the Judicial Selection Commission.

Circuit Courts

The Circuit Courts serve as the primary civil and criminal courts. They are unique in that they are the only state courts in Hawaii authorized to conduct jury trials.

The circuit courts have jurisdiction over probate and guardianship cases, criminal felony cases, and civil cases involving more than $40,000. However, in civil non-jury cases where the amounts in dispute range from $10,000 to $40,000, they exercise the same jurisdiction as District Courts.

The circuit courts are organized into four circuits:

• First - Oahu (based in Honolulu) located at 777 Punchbowl St., Honolulu, HI 96813
• Second - Maui, Molokai, and Lanai (based in Wailuku) located at 2145 Main St., Wailuku, HI 96793
• Third - Hawaii (based in Hilo) located at 777 Kīlauea Ave., Hilo, HI 96720
• Fifth - Kauai and Niihau (based in Lihue) located at 3970 Ka'ana St., Līhu'e, HI 96766.

The Fourth Circuit ceased to exist in 1943 when it merged with the Third Circuit.

Family Courts

Established in 1965, family courts have jurisdiction over cases involving minors, such as:

• Juvenile delinquency
• Status offenses
• Abuse and neglect
• Termination of parental rights
• Adoption
• Guardianship
• Detention.

The family courts also hear cases involving:

• Divorce.
• Child support, and custody.

Judges in the circuit courts and district courts have the responsibility of presiding as family court judges.

District Courts

Hawaii State District Courts serve as the trial courts with limited jurisdiction, handling cases that are less complex or involve smaller amounts of money compared to the Circuit Courts. The district courts have jurisdiction over:

• Landlord-tenant disputes (possession/ejection cases regardless of the amount of the claim).
• Misdemeanor criminal offenses are punishable by fine or by imprisonment not over one year.
• Cases arising from the violations of a county ordinance.
• Civil cases involving debts, damages, or property valued at $40,000 or less.
• Petitions for restraining orders or injunctions related to harassment.
• Civil cases involving specific performance with a fair market value of $20,000 or less.
• Small claims cases with a claim amount of $5,000 or less.

Hawaii's District Courts are easily accessible, particularly for individuals representing themselves. These courts prioritize resolving disputes promptly and with less procedural formality compared to higher courts.

The Hawai'i State Small Claims Courtoperates as part of the district courts and handles civil cases with a maximum amount in dispute of $3,500 or less.

eCourt Kokua

eCourt Kokua is another online resource provided by the Hawaii State Judiciary. This system allows residents access to traffic cases, District Court criminal, Circuit Court criminal, and appellate case information. Similar to Ho`ohiki, you can search by party name, case number, or attorney name.

PACER (Public Access to Court Electronic Records)

PACER offers online access to federal case information for cases in Hawaii's U.S. District Court and Bankruptcy Court. To access detailed case documents, users are required to create a PACER account and pay a fee.

In-Person Court Visits

Residents in Hawaii have the option to access certain records that are not available online or that require certified copies, by visiting the courthouse where the case was filed. Court staff can assist in locating these records. Each island in Hawaii has courthouses for its respective judicial circuit.

Requesting Records by Mail

Individuals can also request copies of court records by mail. This option is useful if you need official copies or if the records are not available online. Contact the specific court where the case was filed to get information on the process and any fees involved.