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 Hawai‘i 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 Hawai‘i 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 Hawai‘i 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.) 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 HAWAI‘I A.B., Plaintiff, v. C.D., Defendant. )))))))) ( CASE NUMBER ): ____________________ INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAI‘I 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 HAWAI‘I A.B., Plaintiff, v. C.D., Defendant. )))))))) ( CASE NUMBER ): ____________________ INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAI‘I 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 HAWAI‘I A.B., Plaintiff, v. C.D., Defendant. )))))))) ( CASE NUMBER ): ____________________ INFORMATION DESIGNATED CONFIDENTIAL PURSUANT TO RULE 9 OF THE HAWAI‘I 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 Hawai‘i retirement account number 1234567890 HCRR Rules 2.18, 9 HCRR Form 3. REQUEST TO ACCESS COURT OR ADLRO 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. Received: Notified of Estimated Charge: Charged: Receipt No. Completed: Order filled by: 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.