HAWAI‘I COURT

RECORDS RULES

(HCRR)

(SCRU-10-0000086)






Adopted and Promulgated by

the Supreme Court

of the State of Hawai‘i




Effective September 27, 2010

With Further Amendments as Noted



The Judiciary

State of Hawai‘i





HAWAI‘I COURT RECORDS RULES



Table of Contents



Rule 1.            SCOPE


Rule 2.            DEFINITIONS

            2.1.      Accessible

            2.2.      Account number

            2.3.      Administrative Director

            2.4.      ADLRO

            2.5.      Bulk information

            2.6.      Business hours

            2.7.      Clerk

            2.8.      Compiled information

            2.9.      Confidential

            2.10.    Designated confidential

            2.11.    Discrete information

            2.12.    Docket

            2.13.    Document

            2.14.    Electronic record

            2.15.    Hearing officer

            2.16.    In camera

            2.17.    Individual

            2.18.    Maintain

            2.19.    Personal information

            2.20.    Protected

            2.21.    Remote access

            2.22.    Requestor

            2.23.    Restricted

            2.24.    Sealed

            2.25.    Segregate

 

Rule 3.            DUTY TO MAINTAIN RECORD; CORRECTIONS

 

Rule 4.            CONTENT OF COURT AND ADLRO RECORDS; INFORMATION DISCREPANCY

 

Rule 5.            DOCKETING CONFIDENTIAL DOCUMENTS, EXHIBITS, OR EVIDENCE

 

Rule 6.            DOCKETING DOCUMENTS FROM SELF-REPRESENTED PARTIES

 

Rule 7.            ELECTRONIC INFORMATION

 

Rule 8.            REJECTION; NOT GENERAL REPOSITORY;

                        CONTAMINATED DOCUMENTS

            8.1.      Document Form

            8.2.      Not a General Repository

            8.3.      Contaminated Documents

 

Rule 9.            PARTIES’ RESPONSIBILITY TO PROTECT PERSONAL INFORMATION

            9.1.      Prohibition; Form

            9.2.      Maintenance of the Confidential Information Form

            9.3.      Fly Sheet

            9.4.      Authorized Electronic Filing

            9.5.      Sanctions

 

Rule 10.          ACCESS TO COURT AND ADLRO RECORDS

            10.1.    Generally

            10.2.    Electronic Records, Manner Provided

            10.3.    Electronic Records, Custom Request

            10.4.    Confidential Records and Documents

            10.5.    Documents or Evidence Submitted for In Camera Review

            10.6.    Requests to Inspect or Copy Records; Description; Writing

            10.7.    Requests to Inspect or Copy Records; Identification Required

            10.8.    Records Shall Not be Removed From Legal Custody; Exceptions

            10.9.    Duty to Report Damage or Alteration

            10.10.  Time to Make Record Available; Notice

            10.11.  Inspection and Copying Fees; Court Records

            10.12.  Inspection and Copying Fees; ADLRO Records

            10.13.  Fees for Electronic Records

            10.14.  Judiciary Contractors

            10.15.  Review of Action on Request for Record

            10.16.  Requests for Bulk, Discrete, or Compiled Electronic Information

            10.17.  Electronic Court and ADLRO Records: Requests for Bulk or Discrete Data and Compiled Information

            10.18.  Electronic Court and ADLRO Records: Delivery Methods

            10.19.  Electronic Court and ADLRO Records: Service Providers




Form 1                 Fly Sheet for document(s) containing confidential information


Form 2                 Confidential Information Form


Form 2 Sample   Sample Confidential Information Form


Form 3                 Request to Access Court or ADLRO Record















(This page intentionally left blank.)


Rule 1.       SCOPE. These rules govern court and ADLRO records, unless otherwise specified.

 

Rule 2.       DEFINITIONS.

      2.1.       Accessible means available to the public for inspection and/or copying.

 

      2.2.       Account number means numbers, letters, symbols or combinations thereof that identify financial accounts or instruments. Such property includes, but is not limited to, bank accounts, credit union accounts, credit cards, savings bonds, investment accounts, lines of credit, revolving fund accounts, and the like, but does not include up to the last 4 digits of such accounts, provided that no more than half of the account’s digits are disclosed.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.3.       Administrative Director means the Administrative Director of the Courts or others acting on the Administrative Director’s behalf.

 

      2.4.       ADLRO means the Administrative Driver’s License Revocation Office.

 

      2.5.       Bulk information means a volume of data from multiple court or ADLRO electronic records.

 

      2.6.       Business hours are the hours the office of the record custodian is open to conduct public business. Business hours are established pursuant to HRS § 78-1.6. Judiciary offices are open 7:45 a.m. to 4:30 p.m., Monday through Friday, except State holidays.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.7.       Clerk means Clerk of the Supreme Court and the Chief or Deputy Chief Court Administrators of the trial courts and their subordinates who have custody of court records, and, with regard to the ADLRO, the Administrative Director’s subordinates, who have custody of ADLRO records.

 

 


      2.8.       Compiled information means data derived, selected, aggregated, organized, or reformulated from more than one court or ADLRO record and reported.

 

      2.9.       Confidential means not accessible, i.e. not available for public inspection and copying. Synonyms include, but are not limited to, protected, restricted, and sealed. Access to confidential documents is governed by Rule 10.4 of these rules.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.10.     Designated confidential means presented in accordance with Rule 9 of these rules.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.11.     Discrete information means specific data from a particular court or ADLRO record.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.12.     Docket means a chronological listing of documents and proceedings for each court or ADLRO record.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.13.     Document means pleading, motion, exhibit, order, judgment, decree, or other form of written communication or memorialization whether prepared on paper or electronically, including electronic documents, electronic forms, electronic templates, and electronic reports.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.14.     Electronic record means the information and documents maintained for each court or ADLRO case in any of the various Judiciary case management systems and data bases.

      (Amended June 21, 2012, effective September 1, 2012.)

 

 

 

 


      2.15.     Hearing officer means a person designated by the Administrative Director to adjudicate ADLRO cases.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.16.     In camera means submitted for a judge’s review. Access to in camera documents is governed by Rule 10.5 of these rules.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.17.     Individual means a natural person.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.18.     Maintain means to hold, possess, preserve, retain, store, or administratively control.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.19.     Personal information means social security numbers, dates of birth (except for traffic citations), names of minor children, bank or investment account numbers, medical and health records, and social service reports. To the extent a social security or account number is required in an accessible document, the last 4 digits may be displayed, provided that no more than half of the social security or account digits are disclosed. To the extent a birthdate is required in an accessible document, the birth year may be displayed. Except as provided in Rule 9.1, to the extent the name of a minor is required in an accessible document, the initials of the minor may be displayed. To the extent a complete social security number, account number, birthdate, or name of a minor child is required for adjudication of a case, the complete number or birthdate shall be submitted in accordance with Rule 9.1 of these rules.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.20.     Protected means not accessible, i.e. not available for public inspection and copying. Synonyms include, but are not limited to, confidential, restricted, and sealed.

      (Amended June 21, 2012, effective September 1, 2012.)


      2.21.     Remote access means the ability to electronically inspect or copy information from an electronic record without the need to physically visit the facility where the record is maintained.

 

      2.22.     Requestor means any individual or entity who asks to inspect or copy a record.

 

      2.23.     Restricted means not accessible, i.e. not available for public inspection and copying. Synonyms include, but are not limited to, confidential, protected, and sealed.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.24.     Sealed means not accessible, i.e. not available for public inspection and copying. Synonyms include, but are not limited to, confidential, protected, and restricted.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      2.25.     Segregate means to excise, remove, or mask confidential information from a record.

 

Rule 3.       DUTY TO MAINTAIN RECORD; CORRECTIONS.

      3.1.       With respect to court records, the Clerk of each court shall maintain a record of each court case, including a docket, and shall maintain other records as required by statute or rule.

 

      3.2.       With respect to ADLRO records, the Administrative Director shall maintain a record of each ADLRO case, including a docket, and shall maintain other records as required by statute or rule.

 

 


      3.3.       The Clerk and others authorized by the Clerk may, with such technical assistance as required and without order of a court, correct clerical and e-filer data entry and docketing errors. Examples of clerical and e-filing errors that may be corrected without a court order include, but are not limited to, corrections to data in the following data fields: case type, trial court or agency, trial court or agency case type, designation as confidential, short case title, extended case title, trial court judge(s), trial court or agency case numbers, authorizing or charging statutes, party roles, party and attorney identification, docket codes, document category, document type, and filing party.

      Where documents are maintained in an electronic document management system, the Clerk may, with such technical assistance as required and without order of a court retrieve from the document management system or a party and attach to the docket any document that failed to upload or attach to the docket.

      Where documents are maintained in an electronic document management system, the Clerk may, with such technical assistance as required and without order of a court replace incorrect documents that were inadvertently uploaded by parties or that have been corrupted, with the documents that should have been uploaded, and may transfer documents that were filed in a wrong case to the correct case, provided such replacements and transfers are completed within 10 business days following the initial filing and all parties are notified of the replacement or transfer.

      The Clerk shall not delete, transfer, or replace documents in any court or ADLRO record, except as provided above, upon order of the court for which the record is maintained, upon order of the Hawai‘i Supreme Court, or in compliance with Records Control Schedules adopted by the Hawai‘i Supreme Court.

      The Clerk may temporarily seal any document or record or mark any document for in-camera review pending review and a determination of accessability by the court for which the record is maintained or by the Hawai‘i Supreme Court.

      (Amended May 23, 2012, effective June 18, 2012.)

 

 


Rule 4.       CONTENT OF COURT AND ADLRO RECORDS; INFORMATION DISCREPANCY.

      The record of each case, whether electronic, paper, or a combination thereof, shall include:

      (a) all documents related to the case, including correspondence, submitted for filing in any form;

      (b) any written jury instructions given or refused;

      (c)  exhibits, including, but not limited to, presentence reports, social work reports, and tangible items, whether admitted into evidence or refused, provided that exhibits marked for identification but never offered shall not be included;

      (d) court reporters’ notes, audio or video recordings of court proceedings, and any transcripts prepared from them;

      (e)  a docket;

      (f)  minutes; and

      (g) information contained in the electronic case management system; provided that in the event of a discrepancy between information in the case management system and information in a document, the information in the document prevails, unless a court of competent jurisdiction rules to the contrary.

      (Amended June 21, 2012, effective September 1, 2012.)

 

Rule 5.       DOCKETING CONFIDENTIAL DOCUMENTS, EXHIBITS, OR EVIDENCE.

      A confidential document, exhibit, or other evidence shall be listed on the docket in the same manner as other documents, exhibits, or evidence. Access to confidential documents, exhibits, or other evidence is governed by Rule 10.4 of these rules.

      (Amended June 21, 2012, effective September 1, 2012.)

 

 


Rule 6.       DOCKETING DOCUMENTS FROM SELF-REPRESENTED PARTIES.

      Subject to Rule 8 of these rules, case related documents received from self-represented criminal defendants, self-represented petitioners under Rule 40 of the Hawai‘i Rules of Penal Procedure, or any prisoner shall be dated and stamped "lodged" or "received" by the Clerk, listed on the docket, and transmitted to a judge or hearing officer for consideration.

      (Amended June 21, 2012, effective September 1, 2012.)

 

Rule 7.       ELECTRONIC INFORMATION.

      Information in electronic case management systems, including electronic documents, shall be maintained by the Clerk (a) in cooperation with the Administrative Director and information technology personnel, (b) in conformity with data integrity standards established by the Administrative Director, and (c) in compliance with the Records Control Schedules adopted by the supreme court.

 

Rule 8.       REJECTION; NOT GENERAL REPOSITORY; CONTAMINATED DOCUMENTS.

      8.1.       Document Form. The Clerk shall not refuse to file any document solely because it is not presented in proper form. Electronic documents transmitted or submitted to the electronic filing system may be electronically rejected if the document does not meet the electronic filing technical standards established by the Administrative Director.

 

      8.2.       Not a General Repository. Neither the Court Administrator’s nor the Clerk’s Office, nor the ADLRO are general record repositories, and the administrator or Clerk need not accept documents or other items that are not related to a case or that are not otherwise required by law or rule to be kept and/or maintained by the court or ADLRO.

 

      8.3.       Contaminated Documents. The Clerk shall not accept for filing documents that are or appear to be contaminated with bodily fluids, chemicals, or other hazardous materials; provided that such items submitted as exhibits may be accepted if they are properly sealed, prominently marked as hazardous materials, and the Clerk has a means to safely store and maintain the exhibits.

      (Amended May 21, 2012, effective July 1, 2012.)

 

Rule 9.       PARTIES’ RESPONSIBILITY TO PROTECT PERSONAL INFORMATION.

      9.1.       Prohibition; Form.

      (a) Except as provided in this Rule 9 and notwithstanding any other rule to the contrary, a party shall not include personal information in any accessible document filed in any state court or with ADLRO. Required personal information shall be submitted by means of a Confidential Information Form that substantially conforms to HCRR Form 2 of these rules; provided the name and birth date of a minor charged with a traffic infraction may be displayed on the citation and the name of a minor may be displayed in submissions in proceedings under HRS chapter 586 and section 604-10.5. The Confidential Information Form shall be designated confidential, protected, restricted, sealed, or not accessible.

      (b) When the identity or age of a non-defendant minor is required to charge a criminal offense or to state a claim, the accessible charging instrument, complaint, information, indictment, or petition shall include the initials and birth year of the minor. When the identity of an account is required to charge a criminal offense or to state a claim, the accessible charging instrument, complaint, information, indictment, or petition may include the last 4 digits of the account number, provided not more than half of the account’s digits are disclosed, as provided by Rule 2.2 of these rules. A full name, birthdate, or account number shall be submitted on a confidential information form in accordance with section (a) of this rule.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      9.2.       Maintenance of the Confidential Information Form. If submitted for a record maintained on paper, each completed confidential information form shall be marked “confidential” and the clerk shall retain the document in a manner that prevents public access to the document.

      (Amended June 21, 2012, effective September 1, 2012.)

      9.3.       Fly Sheet. A fly sheet that substantially complies with HCRR Form 1 shall be submitted with the completed confidential information form. The flysheet shall be filed in the accessible record, whether the record is maintained on paper or electronically. The fly sheet shall be captioned in accordance with the rules governing the proceeding, titled “CONFIDENTIAL INFORMATION,” and shall include the following: (a) the case name and number; (b) the title of the form; (c) a brief description of the submitted information; (d) the name, address, and telephone number of the individual submitting the personal information; and (e) the statement “confidential information submitted pursuant to Rule 9 of the Hawai‘i Court Record Rules” and any other statute(s), rule(s), or order(s) that make the information confidential.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      9.4.       Authorized Electronic Filing. If the flysheet and form are submitted by means of the authorized electronic filing process, the flysheet shall be filed as the lead document; the form shall be designated confidential and the “sealed” and “supporting document” options shall be selected before uploading.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      9.5.       Sanctions. The court or hearing officer may impose appropriate monetary or other sanctions upon parties or attorneys who do not comply with this Rule 9, where the parties or attorneys have not shown good cause for failure to comply, or a good faith attempt to comply with this rule.

      (Amended June 21, 2012, effective September 1, 2012.)

 

 

 


Rule 10.     ACCESS TO COURT AND ADLRO RECORDS.

      10.1.     Generally. Except as otherwise provided by statute, rule, or order, court and ADLRO records shall be accessible during regular business hours, subject to priority use by the court, court staff, ADLRO, and ADLRO staff. Closed and archived records shall be accessible within a reasonable time after a request is made, unless the records have been deleted, destroyed, or transferred to another custodian. If the requested record information or documents are available by remote access without fee, the requestor shall be directed to the access site, and no other action need be taken to comply with the request, provided that, when certified copies of documents are requested, the Clerk shall copy or print the documents from the paper or electronic record and shall physically or electronically certify the copies.

 

      10.2.     Electronic Records, Manner Provided. Information from electronic case management systems, including imaged documents, may be made available by electronic or paper reports, print outs, electronic files, imaged files, internal or external link to a primary or secondary data base, internet access, or by other means that provide the information or copies of documents without compromising the integrity of the electronic case management systems and data bases.

 

      10.3.     Electronic Records, Custom Request. When information in an electronic record is requested or sought in a form or in a manner other than the form or manner maintained by the Judiciary and made readily or routinely available, the Judiciary shall make a reasonable effort to provide the information in the form or manner requested or sought; provided that (a) direct access to any computer system or data base need not be granted, (b) the reporting or transmitting of data and/or the technical and administrative preparation to provide the data will not unreasonably interfere with the Judiciary’s operations and/or governmental functions, and (c) the requestor pays all charges for programming the computer systems to report the data, run the reports, and/or link and/or transmit the data to the requestor.

 

      10.4.     Confidential Records and Documents.       Except as otherwise provided by statute or court rule or as ordered by (a) the court that has jurisdiction over a court case, (b) the Administrative Director or the hearing officer’s designee having jurisdiction over an ADLRO case, (c) the court that has jurisdiction over an appeal from a court or ADLRO case, or (d) the supreme court, access to confidential records, documents, exhibits, and information shall be limited to the court and court personnel in the performance of their duties, the Administrative Director and his or her subordinates in the performance of their duties, the hearing officer, attorneys of record, parties to the court or ADLRO case, and duly authorized service providers.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      10.5.     Documents or Evidence Submitted for In Camera Review. Until such time as a court of competent jurisdiction orders otherwise, only the judge and the judge’s staff, and the appellate courts and the appellate courts’ staff, shall have access to documents or evidence submitted for in camera review.

 

      10.6.     Requests to Inspect or Copy Records; Description; Writing. Requests to inspect or copy records may be made orally, in writing, or electronically. Requests shall include a reasonable description of the record, including the name of at least one party, the case number (if known), the case type, and the court or ADLRO office in which the case was filed. The Clerk may request additional information to identify or locate the requested record. The Clerk may require that a request be made in writing or on a form that substantially complies with HCRR Form 3 of these rules.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      10.7.     Requests to Inspect or Copy Records; Identification Required. The Clerk may require the individual requesting a record to provide identification, including a postal mailing address or email address and telephone number.

 

 


      10.8.     Records Shall Not be Removed From Legal Custody; Exceptions. Records shall not be removed from the legal custody of the Clerk or the Administrative Director except (a) upon order of the court or agency for which the record is maintained, (b) upon appeal, (c) upon order of the supreme court or intermediate court of appeals, (d) in accordance with rules governing retention of exhibits and transcripts, or (e) in accordance with retention schedules adopted by the supreme court.

 

      10.9.     Duty to Report Damage or Alteration. If a record is damaged or altered while being accessed, inspected, or copied, the Clerk shall document the damage and report it to the administrative/chief judge, the Clerk, or the Administrative Director who may take such action as is appropriate.

 

      10.10.   Time to Make Record Available; Notice. Upon receipt of a request for an accessible record, the Clerk shall make the record available for inspection and copying within a reasonable time, subject to the court’s or ADLRO’s priority use of the record and the payment of fees, if any. If the request to inspect or copy cannot be accommodated within 10 business days, the Clerk shall notify the requestor and provide an estimated date when the record will be available for inspection or copying. If the request is for a confidential record and the requestor is not of the class of persons having a right of access to the confidential record under Rule 10.4 of these rules, the Clerk shall notify the requestor forthwith that the Clerk cannot provide the record without an order of the court for court records, or an order of the Administrative Director for ADLRO records. No later than 10 days after the Clerk’s denial of a request for a confidential record, the requestor may move for access. The Clerk shall notify all parties of the motion. Within 10 days after notice of the motion for access any party may file opposition to the request.

      (Amended June 21, 2012, effective September 1, 2012.)

 

 


      10.11.   Inspection and Copying Fees; Court Records. Fees for inspecting, copying, and transmitting copies of court records shall be charged in accordance with the provisions of Rule 2.2 of the Rules of the Circuit Courts, Rule 2.2 of the Rules of the District Courts, and Rule 45 of the Hawai‘i Rules of Appellate Procedure. A court may waive costs and fees for copies of its record when justice so requires. Unless a waiver is granted or an exemption applies, no records or copies of records shall be released until full payment of fees for the current request, and any previous unpaid fees, are received.

 

      10.12.   Inspection and Copying Fees; ADLRO Records. Fees for inspecting, copying, and transmitting copies of ADLRO records shall be in accordance with the Judiciary’s Schedule of Administrative Fees.

 

      10.13.   Fees for Electronic Records. Fees for electronic access, for electronic downloading, bulk distribution, or compilation of electronic information shall be determined by the Administrative Director.

 

      10.14.   Judiciary Contractors. Where access to electronic or paper case records is necessary to the performance of any contract with the Judiciary, the Chief Justice or the Administrative Director may authorize access in accordance with the terms of the contract and applicable law.

 

      10.15.   Review of Action on Request for Record. A person or entity may seek review of a denial or grant of access to a record by petitioning the supreme court, in accordance with Rule 21 of the Hawai‘i Rules of Appellate Procedure. If the record is confidential, the Clerk of the trial court or ADLRO, upon notice of the petition, shall provide notice of the petition to all parties to the case, shall file a copy of the Clerk’s certificate of service on each party, and shall designate the certificate of service as confidential in the record of proceeding before the supreme court.

      (Amended June 21, 2012, effective September 1, 2012.)

 

 


      10.16.   Requests for Bulk, Discrete, or Compiled Electronic Information. Requests for bulk, discrete, or compiled electronic information shall be made to the Administrative Director in accordance with Rules 10.17, 10.18, and 10.19 of these rules.

 

      10.17.   Electronic Court and ADLRO Records: Requests for Bulk or Discrete Data and Compiled Information.

      (a) The Administrative Director may grant requests for bulk, discrete, or compiled information from accessible electronic court and ADLRO records or from confidential records, provided (1) the bulk or discrete data distribution, compiling of information, and/or transmission of data will not unreasonably interfere with the Judiciary’s operations and/or governmental functions, (2) the requestor pays all charges for programming the computers, linking systems, and transmitting the data, and (3) when required by law, access is approved by a court of competent jurisdiction. A requestor should not be granted direct access to any production computer system or data base in the usual course. The Administrative Director may take such actions as are necessary to protect the Judiciary’s computer systems, data bases, and web sites from automated data mining or other threats to the integrity of the systems.

      (b) Requests for bulk or discrete data or compiled information from electronic court and ADLRO records shall be made in writing to the Administrative Director or to the Administrative Director’s designee.

      (c) Requests for bulk, discrete, or compiled information shall be acted upon or responded to within a reasonable time.

      (d) The Administrative Director may approve a request for bulk, discrete, or compiled information upon finding that (1) approving the request is consistent with these rules and any statutes that govern access to court records, (2) resources and technical capacity are available to prepare the information, (3) fulfilling the request is an appropriate use of public resources, and (4) distributing or compiling the information will not interfere with the Judiciary’s operations and/or governmental functions. In lieu of the process set out in this Rule 10.17, the Administrative Director may require that requests for bulk, discrete, or compiled information be made to, and processed by, the Hawai‘i Information Consortium.

      (e) The Administrative Director shall require a requestor to pay reasonable charges to distribute bulk, discrete, or compiled information.

      (f) Personal information shall be safeguarded. Except for data transmission to law enforcement agencies, a bulk, discrete, or compiled data distribution shall not contain complete personal information. A bulk, discrete, or compiled data distribution may provide the last four digits of social security numbers, and zip codes of home addresses. The restriction on the release of personal information from court and ADLRO records may be waived only by the Administrative Director or the Administrative Director’s designee.

      (Amended June 21, 2012, effective September 1, 2012.)

 

      10.18.   Electronic Court and ADLRO Records: Delivery Methods.

      (a) Electronic formats. Administrators or Clerks shall attempt to accommodate requests for information in electronic records or information in electronic format.

      (b) Electronic data transfer. Electronic data transfers of bulk, discrete, or compiled information shall comply with security protocols established by the Administrative Director.

      (c) Direct connection to judiciary data bases/network. Requests to directly access data bases, other than access provided to individuals through the Judiciary’s website or in the Clerks’ offices, shall be referred to the Administrative Director.

      (d) Extracting Information. The Judiciary need not extract specific information from records maintained in electronic format when the Judiciary does not have the capacity or capability to do so. The Judiciary need not create reports to extract information from electronic resources, but, where such reports exist, the Judiciary shall provide them, unless providing the reports violates another part of these rules, court orders, or other law.

 

 


      10.19.   Electronic Court and ADLRO Records: Service Providers. The Judiciary may provide information through service providers subject to the following conditions:

      (a) Contract Compliance with Security Protocols. Contracts between the Judiciary and information service providers shall comply with security protocols established by the Administrative Director. Contracts may not preclude the Judiciary from contracting with other information service providers or providing public access to records.

      (b) Review and segregation of records. Before records are provided to information service providers, the Judiciary may review, redact, and/or segregate records to filter confidential information from disclosure.

      (c) Disclaimer required. Contracts with information service providers shall state the Judiciary does not warrant the accuracy, currentness or completeness of the data.

      (d) Release and indemnification. Any contract with an information service provider shall include a release and indemnification clause, (1) releasing the Judiciary and its officers and employees from liability for any information supplied and (2) indemnifying the Judiciary and its officers and employees in any lawsuit.

      (e) Insurance required. All information service providers who contract with the Judiciary shall be required to obtain liability insurance satisfactory to the Judiciary.

      (f) Confidentiality. Any contract with an information service provider shall include a provision that agrees to maintain confidentiality in accordance with the terms of the contract.

      (Amended June 21, 2012, effective September 1, 2012.)

 

 

 

 

 

 

 

 

 

 


 


HCRR Form 1.      Fly Sheet for document(s) containing confidential information.

 

 

Name of Person Submitting Confidential Information

Address
Telephone Number

 

(TITLE OF COURT OR OFFICE IN WHICH CASE IS FILED)

STATE OF HAWAI‘I

 

A.B., Plaintiff,

 

     v.

 

C.D., Defendant.

))))))))

(CASE NUMBER): ____________________

 

 

INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAI‘I COURT RECORDS RULES

 

* * * CONFIDENTIAL INFORMATION * * *

 

       Confidential information submitted pursuant to Rule 9 of the Hawai‘i Court Records Rules and

                                                                                                         . (cite authorizing statute(s), rule(s), or order(s)). Information includes name and birthdate of minor, social security number, account number. The documents are titled:

List documents by title, without disclosing confidential information in the title.

 

       DATED: , Hawai‘i, (date).

 

                                                                                      (signature of submitting individual)

                                                                                      Typed name of submitting individual

 


HCRR Form 2.       CONFIDENTIAL INFORMATION FORM.

 

Name of Person Submitting Confidential Information

Address

Telephone Number

 

 

(TITLE OF COURT OR OFFICE IN WHICH CASE IS FILED)

 

STATE OF HAWAI‘I

 

A.B., Plaintiff,

 

     v.

 

C.D., Defendant.

))))))))

(CASE NUMBER): ____________________

 

 

INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAI‘I COURT RECORDS RULES

 

CONFIDENTIAL INFORMATION

 

LIST ALL CONFIDENTIAL INFORMATION:

 

Title of Document Containing Referenced Information

(e.g. Defendant’s Motion for Extension of Time)

Document File Date

Reference in Document

Type of Information

Complete Information

Authority for Confidentiality

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of Document Containing Referenced Information

(e.g. Defendant’s Motion for Summary Judgment)

Document File Date

Reference in Document

Type of Information

Complete Information

Authority for Confidentiality

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


HCRR Form 2 SAMPLE.   SAMPLE CONFIDENTIAL INFORMATION FORM.

 

Name of Person Submitting Confidential Information

Address

Telephone Number

 

 

(TITLE OF COURT OR OFFICE IN WHICH CASE IS FILED)

 

STATE OF HAWAI‘I

 

A.B., Plaintiff,

 

     v.

 

C.D., Defendant.

))))))))

(CASE NUMBER): ____________________

 

 

INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAI‘I COURT RECORDS RULES

 

CONFIDENTIAL INFORMATION

 

LIST ALL CONFIDENTIAL INFORMATION:

 

DEFENDANT’S MOTION FOR EXTENSION OF TIME

Document File Date

Reference in Document

Type of Information

Complete Information

Authority for Confidentiality

 

0000

Social Security Number for NAME

000-00-0000

HCRR Rules 2.18, 9

 

2010

Birthdate of minor JJJ

January 1, 2010

HCRR Rules 2.18, 9

 

JJJ

Name of Minor

John Jason Jordon

HCRR Rules 2.18, 9; HRS § 571-54

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Document File Date

Reference in Document

Type of Information

Complete Information

Authority for Confidentiality

 

7890

Bank of Hawai‘i retirement account number

1234567890

HCRR Rules 2.18, 9

 


HCRR Form 3.       REQUEST TO ACCESS COURT OR ADLRO RECORD.

 

REQUEST TO ACCESS COURT OR ADLRO RECORD

DATE:

 

TO: 

 

FROM:        _________________________________________________________

                    Name

                    _________________________________________________________

                    Contact Information*

 

*If we do not have enough information to contact you, we cannot process the request for information. Please provide any information that will allow us to contact you (name or alias, telephone or fax number, mailing address, e-mail address, etc.)

 

I WANT INFORMATION OR DOCUMENTS FROM THE FOLLOWING COURT RECORD:

 

       Name(s) of Party(ies) to Case:

       Case Number:

       Case Type:

       Circuit:              ___ 1st ___ 2d ___3d ___ 5th

       Court or Agency in which case was filed:

                    ___ADLRO ___ District ___ Family ___ Circuit ___ ICA ___ SCT

 

I WANT:

 

__ To inspect the record

__ To get a __ complete __ partial copy of the record.

              If partial, please identify the document(s) you want copied:

 

__ To pick up ordered copies from the office where it is maintained.

__ To have ordered copies ___ mailed, ___ faxed, or ___ emailed to me at the contact address noted above.

 

FEES:

 

The fee for paper copies of documents from a court record is: $1.00 for the first page of each document, plus 50¢ for each additional page. See Rule 2.2 of the Rules of the District Courts of the State of Hawai‘i, Rule 2.2 of the Rules of the Circuit Courts of the State of Hawai‘i, and Rule 45(e) of the Hawai‘i Rules of Appellate Procedure.

 

FOR OFFICIAL USE ONLY

Received:

Notified of Estimated Charge: 

Charged:

Receipt No.

Completed:

Order filled by:

The fee for paper copies of documents from an ADLRO record is usually 15¢ per page for self service; 15¢ per page plus a $2 handling fee if the clerk makes the copies. Other fees may apply. See the Judiciary’s Schedule of Administrative Fees.