Section 5-51-33 - Notary requirementThe notary requirement provided in sections 712A-10(5) and (9), Hawaii Revised Statutes, may be applied as follows:
(1) The attorney general, with sole discretion, may waive the notary requirement for a petition for remission or mitigation of forfeiture; a claim and cost bond; or a claim and in forma pauperis bond if the interested party is detained or incarcerated at a detention facility and a notary public is not available. In such cases, the interested party shall: (A) Use only the "Verified Petition for Remission or Mitigation Form," attached as appendix C, when filing a petition for remission or mitigation of forfeiture or only the "Declaration in Support of Request to Proceed In Forma Pauperis Form," attached as appendix D, when filing a claim and in forma pauperis bond; and(B) Sign the form in front of an employee of the detention facility, who may bear witness to said signature and in turn sign the document attesting to the process;(2) Any petition for remission or mitigation of forfeiture; claim and cost bond; or claim and in forma pauperis bond submitted for filing by a duly licensed attorney pursuant to section 712A-10, Hawaii Revised Statutes, shall not be subject to the notary requirement but the licensed attorney shall submit a declaration under penalty of perjury attesting to his/her licensed attorney status; and(3) Unless otherwise specified under these rules, any petition for remission or mitigation of forfeiture; claim and cost bond; or claim and in forma pauperis bond submitted for filing pursuant to section 712A-10, Hawaii Revised Statutes, by any person other than a duly licensed attorney must comply with the notary requirement.[Eff 1/17/2020] (Auth: HRS § 712A-10) (Imp: HRS §§ 712A-1, 712A-10)