HAWAIʻI 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

(a) Electronic formats

(b) Electronic data transfer

(d) Extracting Information

10.19. Electronic Court and ADLRO Records: Service Providers

(a) Contract Compliance with Security Protocols

(b) Review and segregation of records

(d) Release and indemnification

(e) Insurance required

(f) Confidentiality

Rule 11. Reserved.

Rule 12. Reserved.

Rule 13. Reserved.

Rule 14. Reserved.

Rule 15. TRANSCIPT PREPARATION – NO OFFICIAL COURT

REPORTER AVAILABLE

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

Form 4 Non-Hearing Motion to Utilize Private Court Reporter to Prepare

Transcript of Recorded Proceeding; Declaration; Notice of

Motion; Certificate of Service; Instructions; Proposed Order;

Request

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, 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; further amended September 30, 2024; effective September 30, 2024.)

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 Hawaiʻi Supreme Court, or in compliance with Records Control Schedules adopted by the Hawaiʻi 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 accessibility by the court for which the record is maintained or by the Hawaiʻi 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 Hawaiʻi 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 Hawaiʻi 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 the Administrative Director’s 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.

Unless authorized by a court, an attorney shall not use the JIMS/JEFS database to gain access to confidential information under seal in cases in which the attorney is not a party or an attorney of record.

(Amended June 21, 2012, effective September 1, 2012; further amended September 26, 2019, effective September 26, 2019.)

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 Hawaiʻi Rules of Appellate Procedure, although no fee shall be charged to a party, or an attorney properly on the case, for the first certified copy of a document requested through the JEFS system subsequent to the filing of that document. A court may also 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.

(Amended November 7, 2022, effective November 17, 2022.)

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 Hawaiʻi 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, in addition to other reasonable costs identified by the Administrative Director, 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 Hawaiʻi Information Consortium.

(e) The Administrative Director shall require a requestor to pay reasonable charges to distribute bulk, discrete, or compiled information. A reasonable charge includes charges for programming the computers, linking systems, transmitting the data, and maintenance of the systems providing the data, as well as other costs attributable to the provision of the data in question to the requestor.

(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; further amended April 4, 2022, effective April 4, 2022.)

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.)

Rule 11. Reserved.

Rule 12. Reserved.

Rule 13. Reserved.

Rule 14. Reserved.

Rule 15. TRANSCRIPT PREPARATION –

NO OFFICIAL COURT

REPORTER AVAILABLE

(a) Preparation of transcripts by private court reporter; non-hearing motion. As to any proceeding recorded as provided by court rule, a party for good cause may by non-hearing motion seek court approval to have the transcript prepared by a private court reporter. The motion shall be decided on written submissions, unless otherwise ordered by the court.

The motion shall be submitted on a form that substantially complies with Form 4 in the Appendix of Forms of these Rules and shall contain the following information:

(1) The date of the relevant proceeding, the type of proceeding (e.g., trial, motion, sentencing), the portion of proceedings for which a transcript is being requested (e.g., all or partial), and the name of the presiding judge.

(2) The motion shall be accompanied by a declaration establishing that the private court reporter is qualified to prepare the transcript, disclosing the financial terms for the reporter’s services, and providing the private court reporter’s telephone number, email address, and mailing address.

(3) If the recorded proceeding is confidential, the motion shall state whether the appearing parties have agreed to allow the release of the recorded proceeding to the private court reporter, and whether the private court reporter has agreed to be bound by a protective order assuring the confidentiality of the proceeding in question. The protective order shall prohibit and restrict the private court reporter from revealing or discussing any information involving the confidential proceeding with any person. If applicable, a copy of the proposed or previously entered protective order shall be attached to the motion.

(4) That the moving party is prepared to pay the court the necessary cost of production to obtain a copy of the audio recording of the court proceeding.

The motion shall be accompanied by a proposed order that substantially conforms to Form 4 in the Appendix of Forms of these Rules.

(5) The motion shall be served on all appearing parties on the date the motion is filed.

Any response to a motion under this rule shall be filed and served no later than six business days after the service date indicated on the certificate of service or no later than eight business days after the service date if the motion is served by mail. Any reply shall be filed and served no later than three business days after the service of the opposition or five business days after the service date if the opposition is mailed.

If the motion is granted, unless the court otherwise directs (1) the transcript shall be certified by the private court reporter as a true and correct transcription of the recorded proceeding, and (2) the transcript fees shall be paid by the requesting party directly to the private court reporter. When authorized by law, the court may direct for the Judiciary to pay for the cost of the requested transcript.

“Good cause” under this rule shall mean the unavailability of an official court reporter in the circuit to complete the transcript of the recorded proceeding in question within the time needed by the requesting party or within the time required by court rule or order.

(b) Per diem court reporter hired by parties. Where an official court reporter is not available, any party may file a motion for a private court reporter to attend a live court session to prepare a transcript of a live proceeding. The court shall also preserve the testimony by way of a recording.

The motion shall be accompanied by a declaration from the private court reporter that establishes the private court reporter is qualified to prepare the live, verbatim transcript. If the proceeding is confidential, the motion shall state whether the parties have agreed to the presence of the private court reporter, and whether the private court reporter has agreed to be bound by a protective order assuring the confidentiality of the proceeding in question. The protective order shall include that the private court reporter is prohibited and restricted from revealing or discussing any information involving the confidential proceeding with any person. A copy of the proposed protective order shall be attached to the motion.

The parties shall be obligated to pay all expenses related to the attendance of the private court reporter, and the motion shall state whether the filing party, or parties jointly, have agreed to pay the private court reporter directly for all expenses incurred, including whether the final transcript will be filed in the case.

(c) Per diem court reporter hired by court. Where the number of official court reporters is insufficient to meet the temporary demands and needs of the circuit, the chief court administrator of the circuit may request the procurement of additional court reporters for such circuit on a contract basis. The chief court administrator shall notify the Administrative Director of the Courts, in writing, of such determination. The Administrative Director of the Courts is authorized, subject to funding availability, to contract with any suitable person, firm, association, or corporation for the providing of court reporters to serve such circuit under such terms and conditions as the Administrative Director of the Courts finds will best serve the needs of the court.

(d) Administration; Official Transcript Requests. In all courts of the State of Hawaiʻi, where an official court reporter is not available to facilitate the preparation of transcripts of recorded proceedings the court administrator is authorized to contract with private court reporters and transcription providers, such as a transcriber certified by the American Association of Electronic Reporters and Transcribers as an electronic transcriber, or another transcription certification that the Administrative Director of the Courts deems suitable.

(e) Confidential Proceedings. A private court reporter or transcriber utilized under the provisions of this rule shall not provide a transcript of a confidential proceeding to any person without obtaining the court’s written approval, unless the release was previously authorized by court order or is otherwise authorized by law.

(f) Official Record of Proceeding. A transcript prepared in accordance with this Rule that is filed in the case shall be an official record of the transcribed proceeding.

(g) Transcripts Prepared for Record on Appeal. If the transcript is prepared for the record on appeal:

(1) The motion shall be filed in the court from which the appeal is taken.

(2) Notwithstanding the filing of a notice of appeal, the trial court retains jurisdiction to enter an order under this Rule.

(3) The trial court clerk shall file in the appellate record a copy of the trial court order granting the motion.

(4) The private court reporter or transcriber shall comply with Rule 10 of the Hawaiʿi Rules of Appellate Procedure and conventionally file the transcript in the appellate case.

(5) If the transcript is from a confidential proceeding, it shall be filed under seal.

COMMENTS:

[1] As used in this Rule, “private court reporter” means a certified shorthand reporter who offers services on a freelance basis and who is not employed by the Judiciary. See Hawaiʻi Revised Statutes § 606-13.5 (2016). “Official court reporter” means a certified shorthand reporter that is employed by the Judiciary. Id.

[2] Subsection (a)(2) requires the moving party to set forth the contact information for the private court reporter. This information is necessary to allow the court administrator, upon approval by the court, to provide the private court reporter with the electronic copy of the recorded proceeding.

[3] As used in this Rule, “confidential proceeding” refers to a proceeding that is, in general, confidential by law such as juvenile proceedings, Hawaiʻi Revised Statutes (HRS) § 571-84(a) (2018), adoption proceedings, HRS § 578-15 (Supp. 2024), and Child Protective Act proceedings, HRS § 587A-25 (2018). A hearing that is sealed from public access, for example to address a claim of an evidentiary privilege, would also qualify as a confidential proceeding for purposes of this Rule.

[4] If applicable, where the parties are not able to agree on the terms of a protective order the court may enter a protective order that prohibits the private court reporter from revealing or discussing any information involving the confidential proceeding with any person.

[5] Notwithstanding the filing of a notice of appeal, the trial court retains jurisdiction to enter an order under this Rule, to allow a party to utilize a private court reporter to prepare a transcript needed for a pending appeal, because such an order is entered in aid of the pending appeal.

[6] The court may on its own motion order a transcript to be prepared of the testimony in a civil case and may, in its discretion, direct the payment of the charges and the taxation of the same as costs. HRS § 606-13(b) (2016).

[7] As used in this Rule, “good cause” may be established where a party submits a declaration establishing that the requesting party had previously sought the subject transcript from the official court reporter but was informed by the official court reporter, supervising court reporter, or court administrator that the transcript request could not be completed within the time needed by the requesting party, or within the time required by court rule or order.

(Added January 22, 2026, effective January 22, 2026.)

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 HAWAIʻI

A.B., Plaintiff,

C.D., Defendant.

)

(CASE NUMBER): _______________

INFORMATION DESIGNATED CONFIDENTIAL

PURSUANT TO RULE 9 OF THE HAWAIʻI

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 HAWAIʻI

A.B., Plaintiff,

C.D., Defendant.

)

(CASE NUMBER): ________________

INFORMATION DESIGNATED CONFIDENTIAL

PURSUANT TO RULE 9 OF THE HAWAIʻI

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 HAWAIʻI

A.B., Plaintiff,

C.D., Defendant.

)

(CASE NUMBER): _______________

INFORMATION DESIGNATED CONFIDENTIAL

PURSUANT TO RULE 9 OF THE HAWAIʻI

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 Hawaiʻi retirement account number	1234567890	HCRR Rules 2.18, 9

HCRR Form 3. REQUEST TO ACCESS COURT OR ALDRO 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: ___ 1^st ___ 2^d ___3^d ___ 5^th

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.

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.

FOR OFFICIAL USE ONLY
Received: Notified of Estimated Charge: Charged: Receipt No.
Completed: Order filled by:

HCRR Form 4. NON-HEARING MOTION TO UTILIZE PRIVATE COURT REPORTER TO

PREPARE TRANSCRIPT OF RECORDED PROCEEDING; DECLARATION;

NOTICE OF MOTION; CERTIFICATE OF SERVICE; INSTRUCTIONS;

PROPOSED ORDER; REQUEST

STATE OF HAWAI#I In the ____________ of the _____________ NON-HEARING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING; DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE; INSTRUCTIONS; PROPOSED ORDER; REQUEST
G Check here if the transcript(s) covered by this motion are for the Record on Appeal, and identify the appellate case numbers: ____________________________________.		Case No.
vs.	Name (Requestor): Firm (if applicable): Address: Phone No.: Email: Attorney for: G Plaintiff/Petitioner G Defendant/Respondent G Other (specify):

NON-HEARING MOTION TO UTILIZE PRIVATE COURT REPORTER
TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING

Moving party requests this motion be granted for the reasons stated in the declaration below and pursuant to:

[ ] Hawai#i Court Records Rules (HCRR), Rule 15

[ ] _____________________________________________________________________________________.

DECLARATION

1. I am [ ] the Moving Party or [ ] associated with the Moving Party as ________________________________.

2. Moving Party seeks court approval, for good cause detailed below, to have a transcript(s) prepared by the following private court reporter (as such term is defined in HRS § 606-13.5):

Private Court Reporter – Name and/or Firm: ___________________________________________________

Phone No. _________________________ Email: ______________________________________________

Address: ______________________________________________________________________________.

3. The complete financial terms between Moving Party and the private court reporter follow: ________________________________________________________________________________________

________________________________________________________________________________________.

4. Good cause exists under HCRR Rule 15 because an official court reporter in the circuit is not available to complete the transcript of the recorded proceeding in question as established by the following:

[ ] Moving Party previously sought the subject transcript(s) from the official court reporter but was informed by the official court reporter, supervising official court reporter or court administrator that the transcript request could not be completed within the time needed by the requesting party, or within the time required by court rule or order.

[ ] Further details:

5. Moving Party is prepared to pay the necessary cost of production to obtain a copy of the recording of the court proceeding.

6. Confidential Proceedings only. If the recorded proceeding is a confidential proceeding, explain whether a protective order has been or should be entered (see HCRR 15(a)(3)):

7. The case number, date of proceeding, the type of proceeding, the portion of proceedings for which a transcript is being requested (e.g., all or partial), and the name of the presiding judge are:

Case No.	Date	Type of proceeding (e.g. trial, motion, sentencing, etc.)	Portion of proceeding for which transcript is being requested	Name of Judge/Hearing Officer/Agency

8. The proposed order granting the motion is submitted concurrently with this motion.

I, ___________________________, declare under penalty of law that the foregoing is true and correct based on personal knowledge, and I am competent to testify to the matters stated.

Date: ___________________ Signature of Declarant: ___________________________________

Printed Name: _______________________________________

NOTICE OF MOTION

Notice is hereby given that any response to this Non-Hearing Motion shall be filed within six business days of service, or where service was made by regular mail, within eight business days.

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing was served on the above-identified parties at their respective addresses or by electronic means on ________________________.

Filing Party/Attorney:

Date: ________________________ Signature: _________________________________

Print/Type Name: ___________________________

Instructions re: NON-HEARING MOTION FOR LEAVE TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING

1. Make sure the form is typed or neatly written. Fill in the form by completing all of the information identified in each section.

2. A separate motion should be prepared for each private court reporter being asked to transcribe proceedings. You may list on one form multiple dates of proceedings to be transcribed by the same private court reporter.

3. Where you need to identify more proceedings than you are able to fit on a single form, you may attach a continuation sheet that lists the additional proceedings.

4. When you have completed the form, file the original form in the applicable case as a non-hearing motion along with the proposed order. The form shall be electronically filed or conventionally filed with the trial court clerk if the filing party is not a registered Judiciary Electronic Filing System user.

5. After the order granting the motion is entered, court staff will contact you within a reasonable period of time, which in general should not exceed 10 business days, to secure payment and confirm the expected delivery date of the recording(s) to the private court reporter. To check on the status of the delivery of your record, please contact the Legal Documents Branch of the court where the request was submitted and be prepared to provide the case number, the date of the order, and your preferred contact information (e.g., phone number, email, mailing address).

6. The completed transcript may be filed in the case by a party. Confidential information shall be filed under seal in accordance with the Hawaiʻi Court Records Rules. At the time of filing, the completed transcript should be designated as the “Transcript of proceedings held on <date>.”

7. If the transcript is for the record on appeal, see Hawaiʿi Court Records Rules, Rule 15(g).

8. For further information, see Hawaiʻi Court Records Rules, Rule 15.

In the ____________________ _____________________

state of hawaiʻi

vs.	CASE NO. ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING; REQUEST FOR RECORD

ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER
TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING

Upon review of the Motion to Utilize Private Court Reporter to Prepare Transcript of
Recorded Proceeding filed by ____________________________________________________________
(“Moving Party”) on _______________________, and the record, the Moving Party’s request to have a transcript of the identified court proceeding(s) in this case prepared by private court reporter ____________________________________________ is granted for good cause under Rule 15 of the Hawaiʻi Court Records Rules, and a copy of the recorded court proceeding(s) identified-below shall be transmitted by the clerk or court staff to the private court reporter upon the payment by the Moving Party to the Judiciary of the necessary cost of production.

The delivery schedule for the transcript shall be a matter determined between the Moving Party and the private court reporter.

Any party may file the completed transcript in the case. If the transcript contains confidential information, it shall be filed under seal in accordance with the Hawaiʻi Court Records Rules.

RECORDED COURT PROCEEDINGS TO TRANSFER TO PRIVATE COURT REPORTER:

Case No.	Date(s) of proceeding(s)	Type of proceeding	Portion of proceeding for which transcript is requested (e.g., all or partial)	Name of Judge/Hearing Officer/Agency

[ ] Additional Provisions, if applicable follow:

It is so ordered.

Dated: _______________, Hawaiʻi, ____________________________.

JUDGE OF THE ABOVE-ENTITLED COURT

In the ____________, ____________; Case No. ___________; ORDER GRANTING MOTION TO UTILIZE PRIVATE COURT REPORTER TO PREPARE TRANSCRIPT OF RECORDED PROCEEDING

REQUEST FOR RECORD

Pursuant to court rule (see Rule 2.2 of the Rules of Circuit Courts and Rule 2.2 of the Rules of the District Courts), the clerk shall collect costs and fees provided in Chapter 607 of the Hawaiʻi Revised Statutes.

Court staff should be given 10 business days from the date of the request to prepare the copy of the requested proceeding. You will be contacted by court staff for payment. Court staff may also request to confirm the delivery information for the private court reporter that you hired.

NOTE: Audio cannot be played on a CD Player. The audio file can only be played on a computer.

FOR INTERNAL USE ONLY

TO BE COMPLETED BY FILE CLERK:

[ ] Video [ ] Audio CD Received by: _________________________________

PAID: ______________ Date/Time: _________________________________

TO BE COMPLETED BY COURTROOM CLERK:

Type of Proceeding:

Amount to be charged:

Rush Fee:

Return original request and CD to documents filing clerks, except for requests made by the prosecutor’s and public defender’s office. Give those to fiscal office.

ACKNOWLEDGMENT AND RECEIPT

Signature of Court Administrator/Date

(For Official Use Only)

If applicable (e.g., confidential/sealed hearing):

Signature of Judge/Date