APPLICABILITY OF OTHER COURT RULES; DEFINITIONS

(a) Applicability of other court rules. The Hawaiʻi Rules of Civil Procedure, the Hawaiʻi Rules of Penal Procedure, the District Court Rules of Civil Procedure, the Rules of Circuit Courts, Hawaiʻi Family Court Rules, Rules of the Land Court, Rules of the Tax Appeal Court, Rules Governing Court Reporting, the Hawaiʻi Appellate Conference Program Rules, and other rules of court that may be adopted by the supreme court from time to time are hereby adopted as part of these rules whenever applicable. (b) Definitions. As used in the HRAP: “agency” means every board, commission, department, council, committee, entity or officer of the State of Hawaiʻi or its political subdivisions that is authorized by law to adjudicate contested cases or issue declaratory rulings or orders that may be appealed directly to the Hawaiʻi appellate courts; “appeal” includes every proceeding in the Hawaiʻi appellate courts other than an original action; “appellate clerk” includes any clerk, deputy, or assistant clerk of the Hawaiʻi appellate courts; “appellate court(s)” or "Hawaiʻi appellate court(s)" mean(s) the Hawaiʻi Supreme Court and the Hawaiʻi Intermediate Court of Appeals, collectively and individually, but does not include the land or tax appeal courts; “attach” or “append” means to fasten to a physical document or to submit as a supporting document in JEFS or JIMS; “civil appeal” means any appeal from a civil case; “civil case” means any proceeding in the land or tax appeal court, any proceeding before a governmental agency, and any proceeding in the family, circuit or district court other than a criminal case; “clerk of the court” includes the clerks of each state trial court and, in appropriate cases, the official designated by an agency to prepare the record for appeals; “docketed” means the record from a court or agency is filed in the appellate courts; “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; “file” or “filing” means the submission of documents either "conventionally" or "electronically" as defined in the Hawaiʻi Electronic Filing and Service Rules; “intermediate court of appeals” means the Hawaiʻi Intermediate Court of Appeals; “JEFS” means the Judiciary Electronic Filing System; “JEFS User” means an individual with a valid JEFS login and password; “JIMS” means the Judiciary Information Management System, the case management system developed by the Hawaiʻi Judiciary and implemented by the Hawaiʻi Supreme Court to record information and documents related to all cases filed in the courts of the State of Hawaiʻi; “nominal appellee” means a party who is designated an appellee because it is the agency or court from which appeal is taken or because the party was a party in the court or agency proceeding, but asserts no interest in the outcome of the appeal; “party” means named plaintiff, defendant, petitioner, respondent, claimant, or intervenor in the court or agency proceeding and anyone who has standing to seek review of the court or agency order or judgment; it does not include witnesses; “proof of service” means a certificate of service, an acknowledgment of service, a notice of electronic filing, or an affidavit or declaration attesting to service; “serve” and “service” mean “conventional service” and “notice of electronic filing” as defined in the Hawaiʻi Electronic Filing and Service Rules; “supreme court” means the Hawaiʻi Supreme Court. (Added December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006; further amended August 30, 2010, effective September 27, 2010.)