Civil Procedure and Trial Practice

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Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2

As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro hac vice admission is already admitted to a U.S. District Court in her home state.  The Local Rules of the District Court of Hawaii rule 83.1(e) control pro hac vice admission as follows:

Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney

Sometimes, a client who is involved in a Hawaii State court case would like his or her own mainland lawyer to be involved in the Hawaii case.  In such matters, with the permission of the Court, the mainland attorney can temporarily be admitted to practice in the state of Hawaii specifically to assist in the litigation of that particular case.  In this case, the attorney is referred to as being admitted pro hac vice.  The Hawaii Rules of the Supreme Court govern pro hac vice admission as follows:

1.9. Pro hac vice appearance of counsel.

A Lis Pendens Is A Powerful, But Limited, Tool For Hawaii Real Estate Litigation Lawyers

In Hawaii, a Notice of Pendency of Action, or Lis Pendens, is a written notice, filed in the Bureau of Conveyances, stating that there is a pending lawsuit regarding the ownership of that specific real property.  Although seemingly simple, a Notice of Pendency of Action is an enormous encumbrance on a piece of property, and should be used sparingly.  In fact, once the lis pendens is filed, the property becomes nearly impossible to transfer because a buyer will not purchase property whose title is in question.  HRS § 634–51, which authorizes a Notice of Pendency of Action provi

A Hawaii Attorney Has An Ethical Duty To Return Inadvertently Produced Documents

Throughout a case, the parties exchange numerous documents.  Responsible attorneys take precautions to review every document that is produced to the opposing party to ensure that documents that are not supposed to be seen by the opposing party, such as attorney client communications or work product, are not produced.  However, since lawyers are human, even the most careful law office can make mistakes.  The Hawaii Rules of Professional Conduct contemplate for an attorney’s inadvertent production of a privileged or confidential document, and governs the conduct of an attorney wh

A Hawaii Attorney May Request An Award Of Costs For A Prevailing Party

We have previously written about the recovery of Attorney’s Fees in Hawaii.  Under the American Rule, parties to a lawsuit are responsible for paying their own expenses of litigation.  Certain statues, such as Hawaii Revised Statutes § 607-13, however, allow the prevailing party to recover his or her attorney’s fees from the non-prevailing party.

Hawaii Independent Medical Examinations Are Controlled By HRCP Rule 35

In Hawaii personal injury cases, an issue that is often in dispute is the existence and severity of the plaintiff’s physical injuries.  Often, the best source of evidence of the plaintiff’s injuries is the plaintiff’s own medical records.  In certain cases, a party will want to have an independent medical professional examine the plaintiff.  These examinations are called Independent Medical Examinations, or IMEs.  Rule 35 of the Hawaii Rules of Civil Procedure govern IMEs.  HRCP Rule 35 provides as follows:

Rule 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS.

Hawaii Personal Injury Attorneys Must Get Court Approval Of Settlements For Minors

A Hawaii personal injury attorney must be mindful of special procedures he or she must follow when litigating a personal injury action on behalf of a minor or an incapacitated person.  Because a minor or incapacitated person cannot make an informed decision regarding his or her case, Hawaii law requires that any settlement or judgment received in a minor’s court case be approved by a judge presiding in probate and that a conservator is appointed on behalf of the minor or incapacitated person.  Rule 101 of the Hawaii Probate Rules makes it the Plaintiff’s Attorney’s responsibility to initiat

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