Disclaimer: This article does not provide legal advice. It is for informational purposes only.
Detailed Answer
In Hawaii, you can use a court-ordered subpoena under the Hawaii Rules of Civil Procedure (HRCP) Rule 45 to obtain estate records in a probate or related civil proceeding. The process involves four key steps: preparing the subpoena, filing necessary papers, serving the subpoena, and enforcing compliance. Below is an overview of each step.
1. Prepare the Subpoena
Under HRCP Rule 45 (see Rule 45 at courts.state.hi.us), you must prepare a Subpoena Duces Tecum. This form should:
- Identify the court, case name, and case number.
- Specify the records you seek (e.g., bank statements, deed records, trust documents).
- Note the date, time, and place for production of documents.
2. File Supporting Documents
In a probate matter, you may need to file a motion with the probate court, demonstrating good cause for the subpoena. Cite the probate code provision for inventory disclosure (HRS § 560:3-602, capitol.hawaii.gov), which requires filing a public inventory and appraisal. If records are sealed or withheld, your motion should explain why the court should compel their production.
3. Serve the Subpoena
After filing, serve the subpoena on the custodian of records at least 14 days before the return date. Service may be by certified mail or personal delivery, as allowed by HRCP 45(b). Attach a notice of nonparty production.
The recipient has 14 days to object (see HRCP 45(d)). If they object, they must serve a written objection or move to quash within the time specified.
4. Enforce and Use the Records
If the custodian fails to comply, you may file a motion to compel under HRCP Rule 45(e). Once the court orders compliance, you can obtain certified copies of the documents. Review these records to assess estate assets, identify potential claims, or verify distributions.
Always maintain confidentiality when handling sensitive information. Sealed records remain under court order; unauthorized disclosure can lead to sanctions.
Helpful Hints
- Review HRCP Rule 45 carefully before drafting a subpoena.
- Be specific: overly broad requests may be quashed.
- Keep track of service deadlines to avoid delays.
- File objections promptly if you receive a subpoena.
- Consult with an attorney if records are sealed or contested.