Rule 16.1.Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting.

Last amended January 1, 2022 · Last verified July 3, 2026

In one sentenceRule 16.1 lets the court, when the parties agree, assign a case to an expedited track with capped discovery and a faster trial date, weighing factors like the case's readiness, value, and complexity, while exempting certain categories of cases entirely.

Full Text of Rule 16.1

Text sizeJump to: (a) (b) (c) (d)

(a) Assignment of case to expedited track. Except for cases exempted by Rule 16.1(b) of this Rule, the court, for discovery and case management purposes, may upon the agreement of the parties, designate the case for an expedited track through the scheduling order issued pursuant to Rule 16(b) of these Rules. The purpose of the expedited track is to secure the just, speedy, and efficient resolution of cases by placing them into an appropriate pathway based on considerations of fairness, cost-effectiveness, and expedition.

(1) In assigning a case to an expedited track, the court may take into consideration the following factors, with no one factor being dispositive:

(A) The degree of readiness of the case for resolution;

(B) The number of parties involved, whether there are 2 parties or more than 2 parties, and whether any party is self-represented;

(D) The number and complexity of the issues to be resolved;

(E) The number, extent, and nature of the claims;

(F) The volume and extent of discovery necessary;

(G) The number of witnesses, experts, and documents;

(H) Any other factor the court determines is relevant to fulfilling the purpose of the expedited-track assignment. Based upon these factors, the court by order may assign cases that can be streamlined, managed with a minimum of court involvement, and expedited to resolution within 9 months of the scheduling conference to the expedited track.

(2) Any party may, based upon a showing of good cause, request that a case originally assigned to the expedited track be removed from it.

(b) Exempt actions. The following categories of actions are exempt from the provisions of this Rule 16.1.

(1) foreclosure;

(2) cases included in and not exempted from the Court Annexed Arbitration Program established by Hawai‘i Revised Statutes § 601-20;

(3) agency appeals pursuant to Hawai‘i Revised Statutes;

(4) consumer debt collection;

(5) quiet title; and

(6) asbestos.

(1) For cases assigned to the expedited track, each party shall be subject to the following limitations on discovery:

(A) no more than 4 oral depositions with a cumulative time of 16 hours on the record; and

(B) no more than a total of 35, in any combination, of interrogatories, including subparts, under Rule 33 of these Rules, requests for documents under Rule 34 of these Rules, and requests for admissions under Rule 36 of these Rules.

(2) To obtain discovery beyond the limitations on discovery established in Rule 16.1(c)(1) of this Rule, a party must file either:

(A) a request for discovery beyond the expedited track limits, by motion or request for streamlined assistance under Rule 15.1 of the Rules of the Circuit Courts of the State of Hawai‘i, setting forth why that discovery is necessary and why its burden or expense will not outweigh its likely benefit under Rule 26(b)(2)(iii) of these Rules, and where appropriate, attaching the proposed discovery, or in the case of a request for deposition, describing the anticipated discovery, and attaching a declaration or affidavit certifying a good faith effort to confer with the other party(ies) about the discovery; or

(B) a stipulation, approved by the court, that discovery beyond the expedited track limits is necessary, that the burden or expense of the discovery will not outweigh its likely benefit under Rule 26(b)(2)(iii) of these Rules, and that the discovery is agreed to by the parties.

(d) Trial setting for expedited track and non-expedited track cases.

(1) For cases assigned to the expedited track, the court shall, at the initial scheduling conference, set trial to commence within 9 months of that conference.

(2) For cases not assigned to the expedited track that are subject to this Rule 16.1 and are not exempt actions under Rule 12(b)(1) of the Rules of the Circuit Courts of the State of Hawai‘i, the court shall, at the initial scheduling conference, set trial to commence within 12 months of that conference unless a party requests a trial date after that period. Upon the request of any party at the initial scheduling conference, after reviewing the materials submitted, and considering the relative positions of all parties, the court may set trial to commence after 12 months but no later than 18 months after the conference. In determining whether and when to set trial to commence within the 12-to-18 month time frame, the court may consider the relative complexity of the case.

(3) After the trial date has been set, any party may file a motion seeking to advance the trial date.

(4) Upon motion by any party in an expedited-track or non-expedited track case, the court may continue the trial for good cause.

End

Amendment History

Added October 8, 2020, effective January 1, 2021

further amended November 5, 2020, to extend effective date to July 1, 2021

further amended March 30, 2021, to extend effective date to January 1, 2022

further amended August 3, 2021, effective January 1, 2022

Plain-English Summary

Rule 16.1 lets the court, through the scheduling order, assign a case to an expedited track for discovery and case-management purposes when the parties agree to it, aiming to resolve suitable cases faster and with less court involvement. In deciding whether to assign a case, the court can weigh factors like how ready the case is for resolution, how many parties are involved, the case's monetary value, the number and complexity of its issues, and how much discovery it will likely require, with no single factor controlling; a party may later ask, for good cause, to have a case removed from the expedited track. Certain categories, including foreclosure, court-annexed arbitration cases, agency appeals, consumer debt collection, quiet title, and asbestos cases, are exempt from the rule entirely.

On the expedited track, each side is limited to 4 oral depositions totaling 16 hours and a combined 35 interrogatories, document requests, and admission requests; going beyond those limits takes either a motion showing why the additional discovery is necessary and proportional, or a stipulation the court approves. An expedited-track case gets a trial date within 9 months of the scheduling conference; a non-expedited case not otherwise exempt gets a trial date within 12 months, extendable to 18 months on a party's request at the initial scheduling conference. Any party may later move to advance the trial date, and the court may continue a trial in either track for good cause.

Frequently Asked Questions

What discovery limits apply to a case on Hawaii's expedited track?

Rule 16.1(c)(1) caps each party at 4 oral depositions totaling 16 hours on the record and a combined 35 interrogatories, document requests, and admission requests, unless the court approves more by motion or stipulation.

What kinds of cases are exempt from Rule 16.1?

Foreclosure actions, cases in the Court Annexed Arbitration Program, agency appeals, consumer debt collection cases, quiet title actions, and asbestos cases.

How soon must trial be set for an expedited-track case?

Rule 16.1(d)(1) requires the court, at the initial scheduling conference, to set trial to commence within 9 months of that conference.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 16.1). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: expedited trackdiscovery limitstrial setting deadlines