Understanding Civil Court Records in Hawaii
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Court records in Hawaii are broadly categorized into two groups: criminal and civil court records. A court record receives a criminal record classification if it documents legal proceedings on cases in which the state prosecutes an individual for violating the law. Conversely, civil court records document the process and outcomes of lawsuits between individuals, organizations, or both.
Civil court records in Hawaii are maintained by the judiciary and include documents (both in paper and electronic form) filed with the clerk in relation to a civil case. These records are public under the Hawaii Court Record Rules, which govern access to court records and Administrative Driver's License Revocation Office (ADLRO) records.
Civil Court Record Statistics Reported by Hawaii Courts
The Hawaii State Judiciary prepares several reports annually, including statistical reports on cases filed in the judicial system. These compiled reports give researchers a peek into how all courts in the state operated and functioned throughout the year, as well as any adjustments that may have been made compared to the previous year.
The 2023 Annual Report details the activity in the Hawaii judicial system for the 2022-2023 fiscal year, including civil cases handled. According to the report, the Circuit Court presided over 15,019 filed actions in the year, of which civil cases comprised 76% (11,383). Meanwhile, 43,755 cases were lodged in the District Court, of which 41% (17,939) were civil actions. Family Courts handled 19,046 cases, with 17,316 cases being terminated in the year.
Overall, civil case filings were more prevalent than criminal cases throughout the fiscal year.
How Civil Records Differ from Criminal Records in Hawaii
Civil and criminal court records are documents essential to the operations of the Hawaii court system. Both records provide for the proper documentation of all legal issues heard in the court. However, despite their similarities in function, they serve different purposes. Civil court records exclusively cover civil litigation proceedings, including domestic relations cases, property conflicts, and contract disputes. In contrast, criminal records focus on violations against state law by individuals that are processed by the court.
The table below provides further differences between civil court records and criminal court records in Hawaii.
| Category | Civil Court Record | Criminal Court Record |
|---|---|---|
| Case Initiation | Initiated by private parties | Initiated by the State of Hawaii through the prosecutor's office |
| Primary Objective | Resolve disputes and conflicts | Punish violations of criminal law |
| Court Jurisdiction | Circuit, District, or other specialized courts | District or Circuit Court |
| Document Types | Complaints, motions, judgments, petitions, restraining orders | Indictments, arrest records, conviction and sentencing orders, parole reports |
Structure of the Civil Court System in Hawaii
The civil court system in Hawaii is ingrained in the unified judicial branch. The state does not have a civil court dedicated solely to civil cases. The Circuit and District Courts primarily handle civil cases, depending on the nature of the case. The Circuit Court is the court of general jurisdiction, overseeing the broadest range of civil cases under HRS § 603-21.5. The District Court has limited jurisdiction and typically handles minor civil cases. The Intermediate Court of Appeals and the Supreme Court may review civil judgments from lower courts upon appeal.
Specialized courts, including the Family Court, Land Court, Tax Appeal Court, and Environmental Court, also handle specific categories of civil cases. The table below outlines the structure of these courts and the civil cases they handle.
| Court | Type of Civil Cases |
|---|---|
| |
| |
| |
| |
| |
| |
| |
| Hawaii Supreme Court |
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The judicial structure of the court system in Hawaii is established in Haw. Const. Art. VI. Some of these courts also handle criminal matters, but they do so under distinct procedures that govern each category of case.
Public Access to Civil Court Documents in Hawaii
Hawaii civil court records are accessible to the public per Rule 10 of the Hawaii Court Record Rules. This means the public may inspect and retrieve copies of civil court records unless a restriction has been placed on the record pursuant to a statute, court rule, or order. Several civil records have restrictions placed on them that limit public access in part or in full, depending on the record. Examples of these records in Hawaii include
- Confidential information forms
- In-camera submissions or evidence (that is, submissions reviewed privately by the judge)
- Adoption and guardianship records
- Child custody evaluations in family-related cases
- Medical evaluation reports submitted in civil cases
- Records sealed by court order
How to Lookup Hawaii Civil Court Records
Hawaii has four judicial circuits spanning all five counties in the state. Civil court records are managed by the Clerk of Court in these judicial circuits. However, a particular record will only be in the custody of a Clerk of Court if the case was heard within its judicial circuit. For instance, a civil case handled in Kauai, which is under the fifth circuit, cannot be accessed through the Clerk of Court in Honolulu County, which is under the first circuit.
Individuals interested in a particular civil court record can visit the Clerk of Court's Office in the county where the case was filed to make an inquiry. Each judicial circuit has instructions for requesting court records, which can be found on the Hawaii Judiciary's Request Court Records page. A record can generally be requested in person at the clerk's office, by mail, or by fax. Inquirers will need to provide information that can be used to identify the record, such as a name or case number, to facilitate a search. A $5 search fee applies if no case number is provided. Other costs, such as copying ($1 for the first page and 50 cents for subsequent pages) and certification fees ($3 per document), may also apply depending on the requester's needs.
Alternatively, inquirers may search for civil court records online on the judiciary's eCourt Kokua Portal. Users may search for a record on the portal by party name, party ID, filing date, or case number. Users can also purchase documents present in the record. However, not all documents related to a case may be available online, including confidential records.
Types of Civil Cases Filed in Hawaii Courts
Civil court cases in Hawaii are generally categorized based on the dispute's nature and the amount in controversy. Common classifications include
- Family Law: These include divorce, child custody, child support, and domestic abuse protective orders, and are under the purview of the Family Court
- Contract Disputes: These generally involve cases around breaches of contracts or business agreements and may be handled by the District or Circuit Court, depending on the money involved.
- Tort Claims: These involve injuries or damages caused by a person's negligence or intentional act and are generally handled by the Circuit Court. Examples are libel, slander, defamation of character, breach of promise of marriage, or seduction.
- Environmental/Land Use Matters: These revolve around land zoning, environmental permits, or land use violations. The Environmental Court has jurisdiction over these matters.
- Small Claims: These are minor civil cases under $5,000 in monetary value handled by the District Court.
- Real Estate Disputes: These include boundary disputes, quiet title actions, or landlord-tenant matters. They are mainly handled by the Circuit Court except for landlord-tenant issues that are heard in the District Court.
- Probate Cases: These involve the administration of a decedent's estate, trusts, guardianships, and conservatorships. The Circuit Court hears these issues.
- Tax Disputes: These are handled by the Tax Appeal Court and include disputes regarding property, income, or excise taxes.
Information Captured in Hawaii Civil Court Files
Civil court records in Hawaii document legal proceedings of civil cases heard within the court's system. These records are filed with the Clerk of Courts of the four judicial circuits in the state and provide a comprehensive account of how civil cases were initiated, tried, and resolved in court. Civil court records are generally public, but some content may be restricted or redacted from publicly accessible documents, especially sensitive personal information.
Examples of documents found in a Hawaii civil court record include
- Information about the parties involved in the case and their attorney
- Civil complaints or petitions (usually what initiates the case)
- Motions and responses filed by parties
- Filed affidavits, exhibits, and evidence
- Court orders, injunctions, final judgments, or settlements
Retention and Archiving of Civil Court Records in Hawaii
Part of the Hawaii Supreme Court's responsibilities is establishing record retention schedules for trial courts in the state. The schedule provides a framework for how civil and criminal cases will be preserved in the court's management system. In 2013, the Supreme Court issued an order amending the Circuit Courts, District Courts, and Land Court/Tax Appeal Court retention schedules.
The current retention periods for various civil court records in Hawaii are as follows.
Circuit Courts:
- 1 year - Mechanic's and materialman's liens, notice of entry of judgment
- 2 years - Juvenile docket sheets, court calendars, logs, journals, schedules, Court Clerks' notebooks
- 5 years - Probate cases, juvenile records, most family court cases
- 10 years - Guardianship records, paternity records, divorce records
District Courts:
- 1 year - Exhibits, appearance calendars, unserved small claims case records, small claims judgments
- 2 years - Civil case dockets, index, judgments/orders, small claims case records
- 10 years - Moving and equipment civil traffic case records
Land Court/Tax Appeal Court:
- 5 years - All civil case and case statistics files
Once the retention period elapses, a record may then be destroyed. However, most civil records are required to be microfilmed before the destruction of the physical copy. The microfilmed copies are retained permanently unless ordered otherwise by the court.