SIGNATURES

Hawai‘i Electronic Filing and Service Rules

Rule: 5

Jurisdiction: HI

Bluebook Citation: HEFSR 5

5.1. JEFS User’s Signature . An attorney or self-represented party JEFS User shall affix his or her signature to each document requiring a signature by typing his or her name in the space usually reserved for a handwritten signature preceded by "/s/" ( e.g., /s/ Jane Lawyer). (Amended January 21, 2015, effective July 1, 2015.) 5.2. Validation of Electronic Signature . The use of a JEFS User’s login and password, including the login of an assistant or staff member employed by an attorney JEFS User or the law firm or the organization of the attorney JEFS User, to electronically file a document containing the JEFS User’s signature ( e.g. , /s/ Jane Lawyer) validates the electronic signature on the document for all purposes under any of the Hawai‘i Rules of Court, including Rule 11 of the Hawai‘i Rules of Civil Procedure, Rule 11 of the District Court Rules of Civil Procedure, and Rule 11 of the Hawa‘ʻi Family Court Rules. The attorney JEFS User is responsible for all actions and documents electronically filed by an assistant or staff member employed by an attorney JEFS User, the law firm or the organization of the attorney JEFS User as if the attorney electronically filed the document. (Amended January 21, 2015, effective July 1, 2015.) 5.3. Third Party Signatures . A document containing the handwritten signature of an individual who is not a JEFS User, e.g. , a party affidavit with a notary jurat or a declaration, shall be scanned in PDF format, and the scanned document shall be electronically filed. 5.4. Retention of Documents with Third Party Signatures . A paper document with the handwritten signature of a third party, scanned and filed in accordance with these rules, shall be maintained in paper form by the JEFS User until 30 days after the expiration of any appeal period. Upon a court’s request, a JEFS User shall provide the paper document containing the handwritten signature for review. A non-filing signatory or a party who disputes the authenticity or alleged endorsement of a scanned and electronically filed document shall file an objection to the document, the merits of which shall be determined by the court in the usual course.

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