SIGNING OF PLEADINGS, MOTIONS AND OTHER DOCUMENTS; SANCTIONS

Every pleading, motion, and other document of a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name, whose address, telephone number, facsimile number (if any), and electronic mail address shall be stated. Any document prepared by an attorney for a self-represented party shall comply with Rule 11.1(c) of these Rules. A party who is not represented by an attorney shall sign the party’s pleading, motion, or other document and state the party’s address, telephone number, facsimile number (if any), and electronic mail address (if any). Documents electronically filed by JEFS Users shall be signed as provided in Rule 5 of the Hawaiʻi Electronic Filing and Service Rules using “/s/” followed by the typed name of the JEFS User. However, proposed judgments, decrees, and orders which are filed electronically shall only be signed in this manner by the JEFS User who is actually electronically filing the proposed judgment, decree, or order. All other signatures on the proposed judgment, decree, or order shall be an original handwritten signature. Documents which are conventionally filed by non-JEFS Users shall contain handwritten signatures. The name of the person signing the document shall be typed or hand-printed in block letters directly below the signature. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit or declaration. The rule in equity that the averments of an answer under oath must be overcome by the testimony of 2 witnesses or of one witness sustained by corroborating circumstances is abolished. The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other document; that to the best of the signer’s knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other document is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other document is signed in violation of this Rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other document, including a reasonable attorney’s fee. (Amended September 17, 2019, effective September 17, 2019; further amended March 30, 2022, effective April 25, 2022.)