Rule 16.2.Appearance by Telephonic or Videoconference Call.

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

In one sentenceRule 16.2 presumptively allows parties and their counsel to appear by phone or video for routine matters like scheduling conferences and uncontested motions, but presumptively bars remote appearances for trials, evidentiary hearings, and other contested proceedings.

Full Text of Rule 16.2

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

(a) Telephonic or videoconferencing call presumptively allowed. Except as otherwise provided by statute or rule, the court shall, absent good cause, allow any party or the party’s counsel to appear by telephonic or videoconferencing call for any of the following motions, conferences, hearings, or proceedings:

(1) Scheduling and trial setting conferences;

(2) Status conferences;

(3) Uncontested motions; and

(4) Such other conferences or hearings which the trial court approves. If, at any time during a motion, conference, hearing or proceeding conducted by telephonic or videoconferencing call, the court determines a personal appearance is necessary by one or more of the parties or their counsel, the court may continue the matter and require a personal appearance by one or more of the parties or their counsel.

(b) Telephonic or videoconferencing call presumptively not allowed. Except as otherwise provided by statute or rule of court or as permitted by the court, telephonic or videoconferencing appearance shall not be permitted for any of the following:

(1) Trials;

(2) Evidentiary hearings;

(3) Contested motions or matters;

(4) Dispositive motions; and

(5) Settlement conferences.

(1) Any party granted leave to appear by a telephonic or videoconferencing call shall, not less than 48 hours prior to the scheduled hearing or conference, notify all other parties.

(2) Unless otherwise directed by the court, the party who first obtains permission to appear by a telephonic or videoconferencing call shall be responsible for arranging the conference call with all parties and the conference-call operator, if applicable, and ensuring that the call is arranged and ready for court participation at the time appointed for the hearing. COMMENTARY: The intent of this rule is to promote uniformity in the practices and procedures relating to telephonic and videoconferencing calls for civil matters in the courts of the State. To provide access to justice, promote judicial efficiency and to reduce litigation costs, the courts of the State should permit parties, to the extent feasible, to appear by telephonic or videoconferencing calls as provided by this rule.

End

Amendment History

Added July 29, 2013, effective January 1, 2014; adopted and amended November 14, 2014, effective January 1, 2015

renumbered from Rule 16.1 on 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

further amended April 22, 2022, effective July 1, 2022

Plain-English Summary

Rule 16.2 draws a line between routine and consequential court appearances. For scheduling and trial-setting conferences, status conferences, uncontested motions, and other matters the court approves, the rule presumes a party or counsel may appear by telephone or videoconference, absent good cause to require an in-person appearance; if a personal appearance turns out to be necessary during the call, the court can continue the matter and require one. For trials, evidentiary hearings, contested motions or matters, dispositive motions, and settlement conferences, the presumption flips: remote appearance is not allowed unless a statute, rule, or the court itself permits it.

A party who gets leave to appear remotely must notify every other party at least 48 hours before the hearing or conference, and unless the court says otherwise, whoever first obtained permission to appear remotely is responsible for arranging the call and making sure it's ready to go at the scheduled time. The rule's own commentary explains its purpose: promoting consistent practice around remote appearances, improving access to justice, and reducing litigation costs.

Frequently Asked Questions

Can a party appear by phone or video for a status conference in Hawaii?

Yes. Rule 16.2(a) presumptively allows telephonic or videoconference appearance for scheduling and trial-setting conferences, status conferences, and uncontested motions, absent good cause to require an in-person appearance.

Can a party appear remotely for a trial?

No, not by default. Rule 16.2(b) presumes remote appearance is not allowed for trials, evidentiary hearings, contested motions, dispositive motions, and settlement conferences, unless a statute, rule, or the court permits it.

How much notice must a party give before appearing by phone or video?

Rule 16.2(c)(1) requires notice to all other parties at least 48 hours before the scheduled hearing or conference.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 16.2). 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: telephonic appearancevideoconference appearanceremote court appearance