Rule 2 - Filing Procedure by the Clerk(a)Case number. Upon the filing of the initial pleading or other documents, and before the issuance of process, the clerk shall 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. COMMENTS:
Changed to conform to practice where the case is not truly classified but given a number.
(b)Stamp by clerk. For conventionally filed documents, the clerk shall promptly stamp the time and date upon all papers filed. COMMENTS: Not changed.(c)Docket entry and filing. Upon the filing of any document, an appropriate entry shall be made in a docket sheet kept for each case. A "docket sheet" may be an electronic record within a court maintained computer. COMMENTS:
Adds a second sentence to Rules of the District Courts of the State of Hawai'i Rule 2(c) which is different from Rules of the Circuit Courts of the State of Hawai'i Rule 2(c). The amendment allows the use of computers to docket cases. This is the current practice in the First Circuit and appears to be the future of court record keeping.
(d)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 questions 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. 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 QUESTIONS AND OTHER DISCOVERY DOCUMENTS. Unless otherwise provided by the Hawai'i Electronic Filing and Service Rules, the filing of questions and other discovery documents shall be governed by Rule 5 of the District Court Rules of Civil Procedure. If conventionally served, a party seeking admissions or answers to questions shall serve 2 copies of the request for admissions or questions upon the party from whom the admission of answers are sought. COMMENTS:
Adopts Rules of the Circuit Courts of the State of Hawai'i Rule 2(d) exactly except the reference to HRCP Rule 5 is changed to DCRCP Rule 5. The incorporation of the HRCP discovery procedures into the DCRCP necessitates the change in this rule. Other changes take into account common practices used in the District Court.
(e)Signatures. Any order or judgment that is filed electronically bearing a facsimile signature in lieu of an original signature of a judge or clerk has the same force and effect as if the judge or clerk had affixed the judge's or clerk's signature to a paper copy of the order or judgment and it had been entered on the docket in a conventional manner. For purposes of this rule and any rules of court, the facsimile signature may be either an image of a handwritten signature or the s oftware printed name of the judge preceded by /s/.(f)Place of Filing; Assignment to Division. Except as provided by the Hawai'i Electronic Filing and Service Rules, pleadings and [papers] documents for filing shall be presented to the office of the clerk. The clerk shall furnish certified copies of all documents filed if so requested at the time of filing. The administrative judge may designate the division to which a case or class of cases may be assigned. COMMENTS:
Not changed. Renumbered to subsection(f) with (e) reserved to maintain the sameformat as Rules of the Circuit Courts of theState of Hawai'i Rule 2.
(g)Electronic filing of documents submitted on paper; filing date and time preserved. Pursuant to Rule 2.5 of the Hawai'i Electronic Filing and Service Rules, the clerk shall electronically file any paper document submitted to the clerk. 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.Amended March 16, 1984, partly effective 3/16/1984, effective 5/1/1984; further amended February 8, 1996, effective 4/1/1996; further amended December 6, 1996, effective De-cember 6, 1996; further amended June 2, 2005, effective 7/1/2005; further amended December 21, 2009, effective nunc pro tunc, 7/1/2005; further amended February 22, 2010, effective 2/22/2010; further amended May 2, 2012, effective 6/18/2012.