HAWAI‘I ELECTRONIC FILING & SERVICE RULES

(SCRU-12-0000409)




Adopted and Promulgated by

the Supreme Court

of the State of Hawai‘i




Effective September 27, 2010





The Judiciary

State of Hawai‘i


HAWAI‘I ELECTRONIC FILING AND SERVICE RULES


Table of Contents


 

Rule 1.         DEFINITIONS

          1.1.    Conventionally file

          1.2.    Conventional service

          1.3.    Document

          1.4.    Electronic filing

          1.5.    Electronic filing system

          1.6.    Electronic signature

          1.7.    JEFS

          1.8.    JEFS User

          1.9.    JIMS

          1.10.   Lead document

          1.11.   Notice of electronic filing

          1.12.  Original instrument

          1.13.  PDF

          1.14.  Record

          1.15.  Text-only entry

 

Rule 2.          SCOPE OF ELECTRONIC FILING

          2.1.    Applicability

          2.2.    All Documents

          2.3.    Exhibits

          2.4.    Original Instruments

          2.5.    Electronic Filing of Documents Submitted on Paper; Filing Date and Time Preserved

          2.6.    Authority of the Clerk to Provide Guidance


Rule 3.         EFFECT OF ELECTRONIC FILING

          3.1.    Filing Complete

          3.2.    Official Court Record

          3.3.    Time of Filing

          3.4.    Filing Deadlines

 

Rule 4.         ELIGIBILITY, REGISTRATION, PASSWORDS

          4.1.    Eligibility; Registration Required

                           (a)    Attorneys

                           (b)    Self-represented parties

          4.2.    Registration

          4.3.    Login and Password

          4.4.    Suspension or Deactivation of JEFS Access


Rule 5.         SIGNATURES

          5.1.    JEFS User’s Signature

          5.2.    Validation of Electronic Signature

          5.3.    Third Party Signatures

          5.4.    Retention of Documents with Third Party Signatures


Rule 6.         SERVICE OF DOCUMENTS

          6.1.    Service of Documents by Electronic Means

          6.2.    Conventional Service of Electronically Filed Documents

                           (a)    By the filing party

                           (b)    By the clerk

          6.3.    Service of Electronically Filed Documents

          6.4.    Sealed Documents; Documents Submitted for In Camera Review

 

Rule 7.         COURT-ISSUED DOCUMENTS

          7.1.    Orders, Decrees, and Judgments; Other Court Issued Documents

          7.2.    Docket or Text-Only Orders

          7.3.    Notice of Entry of Orders, Decrees, and Judgments

          7.4.    Summons

 

Rule 8.         CONFIDENTIAL CASES; SEALED AND IN CAMERA DOCUMENTS

          8.1.    Confidential Cases; Sealed Documents

          8.2.    In Camera Documents

 

Rule 9.         SUBMISSION OF PROPOSED ORDERS, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENTS

          9.1.    Proposed Orders, Findings of Fact, Conclusions of Law, and Judgments


Rule 10.       TECHNICAL FAILURES

 

Rule 11.       PUBLIC ACCESS TO ELECTRONIC CASE FILES

          11.1.  On-Site Access

          11.2.  Internet Access

          11.3.  Personal Information

 

Rule 12.       CONTENT OF THE NOTICE OF ELECTRONIC FILING

 

Rule 1.       DEFINITIONS.

      1.1.       Conventionally file means the submission of paper documents and physical exhibits to the clerk for filing in the court record.

      1.2.       Conventional service means providing a paper document or printed copy of a document to a party, attorney, witness, or others as required by law or rule of court and submitting a certificate to the court attesting to the fact the paper document or printed copy of a document was so provided.

      1.3.       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.

      1.4.       Electronic filing means (1) the submission of documents by authorized JEFS Users for docketing and storage in JIMS and (2) the conversion and/or transmission of documents by JIMS Users directly into JIMS.

      1.5.       Electronic filing system means the electronic mechanisms by which documents are submitted through JEFS for docketing and storage in JIMS.

      1.6.       Electronic signature means the name of the JEFS user, or a judge or justice, typed in the space usually reserved for a handwritten signature and preceded by "/s/," see Rule 5.1 of these rules; or for a judge or justice, the image of a handwritten signature, see, e.g., Rule 36(e) of the Hawai‘i Rules of Appellate Procedure.

      1.7.       JEFS means the Judiciary Electronic Filing System.

      1.8.       JEFS User means an individual with a valid JEFS login and password.

      1.9.       JIMS means the Judiciary Information Management System, the case management system developed by the Hawai‘i Judiciary and implemented by the Hawai‘i Supreme Court to record information and documents related to all cases filed in the courts of the State of Hawai‘i.

      1.10.     Lead document means the document to which exhibits are attached.

      1.11.     Notice of electronic filing means the notification generated automatically upon the electronic filing of a document through JEFS or JIMS and noticed by e-mail to parties who are JEFS Users or who have consented to service by e-mail.

      1.12.     Original instrument means a document such as a deed, will, certificate, or the like that was produced on paper, parchment, or other non-electronic means of display, signed in ink, or sealed by wax, impression, or stamp.

      1.13.     PDF means Adobe Portable Document Format.

      1.14.     Record, when used as a noun, means the information and documents maintained for each case, as set out in Rule 4 of the Hawai‘i Court Records Rules and relevant statutes.

      1.15.     Text-only entry means a notation on the docket without a separate document attached.

 

 

Rule 2.       SCOPE OF ELECTRONIC FILING.

      2.1.       Applicability. These rules apply to all cases included in JIMS, unless otherwise ordered by the Hawai‘i Supreme Court.

      2.2.       All Documents. Unless otherwise expressly provided in these rules or in exceptional circumstances that prevent a JEFS User from filing electronically, a JEFS User shall file each document as a PDF document through JEFS for docketing and storage in JIMS, including documents that are sealed by court order and documents proposed to be submitted under seal or for in camera review. A JEFS User shall file documents by way of the Judiciary’s website. The clerk shall electronically file each document generated by the court. The size of each document shall not exceed 10 megabytes.

      2.3.       Exhibits. Each supporting exhibit, including photographs, shall be scanned or created as a PDF document. The size of each exhibit shall be no greater than 10 megabytes. Exhibits shall be submitted as separate JEFS attachments to the lead document. The JEFS User shall identify and label each exhibit clearly. A party may conventionally file exhibits that cannot be electronically converted (e.g., videotapes, large maps, weapons, drugs, drug paraphernalia, etc). The clerk shall note the receipt and location of physical exhibits on the docket and shall maintain, return, or dispose of physical exhibits in accordance with the rules governing the procedure before the court and the applicable Record Control Schedule.

      2.4.       Original Instruments. A party who files images of original instruments as exhibits shall retain the original instruments and shall provide them to the court at an evidentiary hearing when relevant or when requested by the court. Original instruments submitted to the court for an evidentiary hearing shall be returned to the party who submitted them upon conclusion of the hearing.

      2.5 Electronic Filing of Documents Submitted on Paper; Filing Date and Time Preserved. The clerk shall electronically file any paper document conventionally filed. The receipt date and time reflected on the conventionally filed document and subsequently filed in JIMS shall be deemed the filing date for all purposes under any of the Hawai‘i Rules of Court. Once electronically filed, the clerk shall not retain the paper document.

      2.6.       Authority of the Clerk to Provide Guidance. The clerk is authorized to issue notices, guidelines, user guides, and the like that provide clarification or assistance to facilitate electronic filing. Such clarification or assistance may be made available on the court’s website.

 

 

Rule 3.       EFFECT OF ELECTRONIC FILING.

      3.1.       Filing Complete. The electronic filing of a document is deemed complete for all purposes under any of the Hawai‘i Rules of Court when a Notice of Electronic Filing is generated.

      3.2.       Official Court Record. The record of each court case maintained in JIMS is the official court record. Documents electronically filed in JIMS are deemed original documents for all purposes under any of the Hawai‘i Rules of Court. Printed or electronic copies of documents maintained in JIMS may be certified as true and correct copies of the documents in the official record of the case.

      3.3.       Time of Filing. Except as provided in Rule 2.5 of these rules, a document filed through JEFS or JIMS for docketing and storage in JIMS is deemed filed at the date and time stated on the Notice of Electronic Filing. The time stamp on the Notice of Electronic Filing is the time the document was electronically received by the court, not the time the document was transmitted by the JEFS User.

      3.4.       Filing Deadlines. Filing a document electronically does not alter filing deadlines.

 

 

Rule 4.       ELIGIBILITY, REGISTRATION, PASSWORDS.

      4.1.       Eligibility; Registration Required.

      (a)  Attorneys. Unless exempted by the court, each attorney representing a party to a case maintained in JIMS shall register as a JEFS User. An attorney is eligible for registration if the attorney is admitted to practice before the courts of the State of Hawai‘i, is on active status, and is not suspended, disbarred, or otherwise prohibited from practicing law in the State of Hawai‘i. An attorney admitted pro hac vice may not register as a JEFS User because all filings must be made by the local counsel with whom the pro hac vice attorney is associated.

      (b) Self-represented parties. A self-represented party may register as a JEFS User for the case(s) in which he or she is a party.

      4.2.       Registration. An individual eligible for registration as a JEFS User shall register by way of the internet at the Judiciary’s website. Required registration information shall include, at minimum, the registrant’s name, one or more email addresses for service of process, a physical address, and one or more telephone numbers. Where the registrant is an attorney, the registration shall include the attorney’s bar admission number and acknowledgments that (a) the registrant consents to electronic notice in lieu of physical service of documents and (b) use of the JEFS login and password is sufficient to validate the registrant’s electronic signature.

      4.3.       Login and Password. Upon successful registration, an authorized Judiciary representative shall issue a JEFS login and password to the registrant. The JEFS login and password shall be used exclusively by the JEFS User or, if the JEFS User is an attorney, by the JEFS User’s assistant or staff member. A JEFS User shall not knowingly permit a login or password to be used by anyone other than the JEFS User and, if the JEFS User is an attorney, the JEFS User’s assistant or staff member. Each JEFS User shall safeguard his or her login and password and shall immediately notify the clerk of the court upon discovery or suspicion that the login and/or password security has been breached.

      4.4.       Suspension or Deactivation of JEFS Access. A court or the Administrative Director may, at any time, with or without notice, cause a JEFS User’s access to JEFS to be suspended or deactivated. The JEFS User shall be given an opportunity to contest the suspension or deactivation. The court or the Administrative Director may require successful completion of training to reactivate an individual’s JEFS participation.

 

 

Rule 5.       SIGNATURES.

      5.1.       JEFS User’s Signature. A JEFS User shall affix his or her signature to each document requiring a signature by typing his or her name in the space usually reserved for a handwritten signature preceded by "/s/" (e.g., /s/ Jane Lawyer).

      5.2.       Validation of Electronic Signature. The use of a JEFS User’s login and password to electronically file a document containing the JEFS User’s signature (e.g., /s/ Jane Lawyer) validates the electronic signature on the document for all purposes under any of the Hawai‘i Rules of Court, including Rule 11 of the Hawai‘i Rules of Civil Procedure, Rule 11 of the District Court Rules of Civil Procedure, and Rule 11 of the Hawai‘i Family Court Rules.

      5.3.       Third Party Signatures. A document containing the handwritten signature of an individual who is not a JEFS User, e.g., a party affidavit with a notary jurat or a declaration, shall be scanned in PDF format, and the scanned document shall be electronically filed.

      5.4.       Retention of Documents with Third Party Signatures. A paper document with the handwritten signature of a third party, scanned and filed in accordance with these rules, shall be maintained in paper form by the JEFS User until 30 days after the expiration of any appeal period. Upon a court’s request, a JEFS User shall provide the paper document containing the handwritten signature for review. A non-filing signatory or a party who disputes the authenticity or alleged endorsement of a scanned and electronically filed document shall file an objection to the document, the merits of which shall be determined by the court in the usual course.

 

 

Rule 6.       SERVICE OF DOCUMENTS.

      6.1.       Service of Documents by Electronic Means. The Notice of Electronic Filing automatically generated by JEFS and JIMS constitutes service of the electronically filed document to JEFS Users. Parties who are not JEFS Users may consent to electronic service by submitting a signed statement consenting to electronic service and providing an active email address.

      6.2.       Conventional Service of Electronically Filed Documents.

      (a)  By the filing party. A filing party shall provide conventional service of electronically filed documents that are required to be served to parties who are not JEFS Users or who have not consented to electronic service. The paper copy of the document served shall be accompanied by a copy of the Notice of Electronic Filing showing the date and time of filing. The filing party shall file a certificate of conventional service.

      (b) By the clerk. The clerk shall provide conventional service of any order, decree, or judgment to parties who are not JEFS Users or who have not consented to electronic service. The clerk shall note the service by a text-only entry on the docket or by filing a certificate of conventional service.

      6.3.       Service of Electronically Filed Documents. The Notice of Electronic Filing automatically generated by JEFS is sufficient to show service on all JEFS Users and parties who have consented to receive service by electronic means. Service on other parties and certification thereof shall be made in accordance with Rule 6.2 of these rules.

      6.4.       Sealed Documents; Documents Submitted for In Camera Review. Sealed documents shall be served in accordance with Rule 6.1 or 6.2 of these rules. The Notice of Electronic Filing of documents for in camera review shall be provided to JEFS Users and those who have consented to receive electronic service, but the document submitted for in camera review shall not be attached or linked to the Notice. The filing party shall conventionally serve the Notice of Electronic Filing of a document for in camera review to parties who are not JEFS Users or who have not consented to receive electronic service, but a copy of the document shall not be provided with the Notice.

 

 

Rule 7.       COURT-ISSUED DOCUMENTS.

      7.1.       Orders, Decrees, and Judgments; Other Court Issued Documents. All orders, decrees, judgments, and other court-issued documents shall be electronically filed in accordance with internal court procedures.

      7.2.       Docket or Text-Only Orders. An order, but not a final judgment or decree, may be issued by the court as a text-only entry on the docket, without an attached document. Such entry shall include the judge’s electronic signature (e.g., /s/ Joan Justice, Judge). The judge’s electronic signature is valid for all purposes under any of the Hawai‘i Rules of Court and official and binding on the parties.

      7.3.       Notice of Entry of Orders, Decrees, and Judgments. The clerk’s certificate of conventional service, or the issuance of a JEFS Notice of Electronic Filing of an order, decree, or judgment, constitutes the clerk’s notice of entry of the order, decree, or judgment.

      7.4.       Summons. The clerk may sign, affix the court’s seal, and issue a summons electronically, but a summons may not be served electronically.

 

 

Rule 8.       CONFIDENTIAL CASES; SEALED AND IN CAMERA DOCUMENTS.

      8.1.       Confidential Cases; Sealed Documents. Documents in confidential cases and documents submitted under seal or sealed by court order shall be maintained in JIMS under electronic security and made accessible to only the parties, the court, the appellate courts, and court staff until a court of competent jurisdiction orders otherwise.

      8.2.       In Camera Documents. Documents submitted for in camera review shall be maintained in JIMS under electronic security and made accessible to only the court, the appellate courts, and court staff until a court of competent jurisdiction orders otherwise.

 

Rule 9.       SUBMISSION OF PROPOSED ORDERS, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENTS.

      9.1.       Proposed Orders, Findings of Fact, Conclusions of Law, and Judgments. Proposed orders, findings of fact, conclusions of law, and judgments shall be clearly marked "proposed" and filed through JEFS or JIMS like any other document. Service of proposed orders, findings of fact, conclusions of law, and judgments shall be made in accordance with Rule 6.1 or Rule 6.2 of these rules.

 

 

Rule 10.     TECHNICAL FAILURES. JEFS Users or other parties who claim a filing is untimely or that they have been otherwise prejudiced by a technical failure of JEFS or JIMS may seek appropriate relief from the court. The court shall determine whether a technical failure occurred and whether relief should be afforded under the circumstances.

 

 

Rule 11.     PUBLIC ACCESS TO ELECTRONIC CASE FILES.

      11.1.     On-Site Access. The clerks of the respective courts shall provide public access to the dockets and documents of non-confidential cases maintained in JIMS through public computers in their respective locations. The clerks of the respective courts shall restrict access to dockets and documents in confidential, sealed, or restricted records maintained in JIMS to parties and attorneys entitled thereto.

      11.2.     Internet Access. The Administrative Director shall provide internet access to the dockets of non-confidential JIMS cases without cost. The Administrative Director may provide internet access to public documents in non-confidential cases by subscription at such rates as shall be determined from time to time by the supreme court. The Administrative Director may provide internet access through a secure network connection to confidential, sealed, or restricted records by subscription to parties and attorneys entitled thereto.

      11.3.     Personal Information. JEFS Users shall protect personal information in public records and documents in accordance with Rule 9 of the Hawai‘i Court Records Rule.

 

Rule 12.     CONTENT OF THE NOTICE OF ELECTRONIC FILING.

      The notice of electronic filing shall be in the following form:

An electronic filing was submitted in Case Number <case number>. You may review the filing through the Judiciary Electronic Filing System. Please monitor your email for future notifications.

 

             Case ID:

             Title:

             Filing Date/Time:

             Case Type:

             Lead Document:

             Supporting Document:

 

             This notification has been electronically mailed to:

 

             The following parties need to be conventionally served: