Rule 2 - Filing Procedure(a) Classification. Upon the filing of the initial pleading or other documents, and before the issuance of process, the clerk shall classify and assign a number to such proceeding. All subsequent pleadings and documents to be filed shall bear the number assigned to the initial documents, which shall appear on the first page. (b) Stamp by clerk. The clerk shall promptly stamp the time and date upon all conventionally filed. (c) Docket entry and filing. Upon the filing of any documents, an appropriate entry shall be made in a docket sheet kept for each case. The docket may be an electronic record within a court-maintained computer. Each case shall be filed separately and its file shall contain an index sheet identifying particularly each document in such file and stating the date of filing. (d) Original kept on file. The original of any document historically maintained in a paper file shall be kept by the clerk of court. Documents maintained in JIMS are deemed original documents for all purposes under theseRules.(e) Service of pleadings and other documents. (1) FILING: ORIGINAL KEPT ON FILE; COPIES FOR SERVICE. For conventionally filed documents and subject to subsection (2) of this subsection (d), pertaining to interrogatories and other discovery documents, when a pleading or other document requiring service is presented for filing, the original shall be accompanied with a sufficient number of copies for service. The original shall be kept on file by the clerk, in accordance with electronic filing requirements, provided, however, the original summons may be withdrawn by the serving officer.For conventionally filed documents and those parties not registered with JEFS, service may be made with the certified copy or copies of the documents together with the certified copy or copies of the summons, and the serving officer shall make proof of service to the court promptly by returning the original summons to the clerk. (2) SERVICE AND FILING OF INTERROGATORIES AND OTHER DISCOVERY DOCUMENTS. (A) Unless otherwise provided by the Hawai'i Electronic Filing and services Rules, the filing of interrogatories and other discovery documents shall be governed by Rule 5 of the Hawai'i Rules of Civil Procedure or Hawai'i Family Court Rules. (B) If conventionally served, a party seeking admissions or answers to interrogatories shall serve 2 copies of the request for admissions or interrogatories upon the party from whom the admissions or answers are sought. (C) A discovery request shall be served on all parties. The discovery response shall also be served on all parties, except as provided in (D) of thisRule. (D) Copies of documents produced pursuant to a request for production need not be served upon a party that did not make, or join in, the request and pay for the costs of production. (f) Signatures. Any order or judgment that is filed electronicallybearing a facsimile signature in lieu of an original signature of a judge or clerkhas the same force and effect as if the judge or clerk had affixed the judge's orclerk's signature to a paper copy of the order or judgment and it had beenentered on the docket in a conventional manner. For purposes of this Rule andany rules of court, the facsimile signature may be either an image of ahandwritten signature or the software printed name of the judge preceded by /s/.(g) Wills of decedents. Wills to be probated shall be presented to the clerk and accompanied by a pleadingstating the reason the will is being presented to the court. For conventionally filed pleadings, the paper will and one copy shall besubmitted with the pleadings.
For electronically filed pleadings through which the filing party presentsa will to the court for probate, the filing party shall electronically file thepleadings and then shall submit to the clerk:
(1) the original paper will and 1 copy; and(2) a paper copy of the electronically filed pleading bearing theelectronic file stamp; These paper documents shall be delivered within 1 day of the electronic filing, either in person or by mail bearing a postmark indicating the documentswere mailed within 1 day of the electronic filing.
Parties submitting a paper will for probate shall attach a coversheet tothe will, in compliance with Rule 3 of these Rules. Upon receipt of the paperwill presented for probate, the clerk shall electronically scan into the record ofthe case a certified copy of the will. The original paper will shall be retained according to standard court practices.
Wills of decedents may be deposited for safekeeping, pursuant to Rule 74 of theHawai"i Probate Rules.
(h) Place of filing. If conventionally filed, pleadings and documents for filing shall be presented to the Office of the Clerk except as otherwise directed by the court. The clerk shall furnish certified copies of all conventionally filed documents if so requested at the time of filing.(i) Electronic filing of documents submitted on paper; filing dateand time preserved. Pursuant to Rule 2.5 of the Hawai'i Electronic Filing and service Rules, upon introduction of electronic filing in civil matters in the circuitcourts, the clerk shall electronically file any paper document submitted to theclerk. The receipt date and time reflected on the conventionally filed document,subsequently filed in JIMS, shall be deemed the filing date for all purposes underthese Rules. Once electronically filed, the clerk shall not retain the paper document.Amended March 6, 1980, effective 3/6/1980, further amended March 16, 1984, partly effective 3/16/1984, fully effective 5/1/1984; further amended August 26, 2011, effective 1/1/2012; amended October 4, 2019, effective 10/28/2019.