Form of Documents Presented for Filing.

U.S. District Court for the District of Hawaii

Rule Set: Local Rules of the U.S. District Court for the District of Hawaii

Rule: 10.2

Jurisdiction: DHI

Bluebook Citation: D. Haw. L. Crim. R. 10.2

All Rules: D. Haw. Local Criminal Rules, complete index


Text

(a) Form of Documents. (1) All documents presented for filing shall be unbound on white opaque paper of good quality, eight and one-half (8 1/2) inches by eleven (11) inches in size, with one (1) inch margins, and shall be flat, unfolded (except when necessary for the presentation of exhibits), without back or cover, and shall comply with all other applicable provisions of the Criminal Local Rules. (2) All memoranda, including footnotes, shall utilize Times New Roman in 14-point font, Century Schoolbook in 12-point font, or Century in 12-point font, except that italics, underlining, or boldface may be used for emphasis. (3) All documents shall be clearly legible with text appearing on one side of each sheet only.

(4) All documents shall be double-spaced except for the identification of counsel, title of the case, footnotes, quotations, and exhibits. (b) Identification of Person Filing a Document. 10 The name, Hawaii bar identification number, address, telephone number, and email address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left corner of the first page of each document presented for filing, except that in multi-party actions or proceedings, reference may be made to the signature page for the complete list of parties represented. (c) Caption, Case Numbers, and Title.

Following the identification of the person filing the document, there shall appear: (1) the title of the court; (2) the title of the action or proceeding; (3) the case number of the action or proceeding, followed by the initials of the judge(s) to whom it is currently assigned; (4) a title describing the document; and (5) any other matter required by the Local Rules. (d) Exhibits, Declarations, and Affidavits. Original documents and Mandatory Chambers Copies (see CrimLR10.3) of exhibits, declarations, and affidavits shall have appropriately labeled tabs. All exhibits attached to documents shall show the exhibit number or letter at the bottom of the first page of the exhibit.

Exhibits, declarations, and affidavits shall not contain cover sheets in lieu of tabs. To the extent possible, parties should refrain from submitting multiple copies of the same exhibit. Exhibits may be copies but must be clearly legible and not unnecessarily voluminous. Unless otherwise authorized by the court or necessary for the presentation of exhibits, all exhibits shall be printed on one side only and shall be 11 on white opaque paper of good quality, eight and one-half (8½) inches by eleven (11) inches.

Counsel are required to reduce oversized exhibits to eight and one- half (8½) inches by eleven (11) inches unless such reduction would destroy legibility or authenticity. An oversized exhibit that cannot be reduced shall be filed separately with a captioned cover sheet, identifying the exhibit and the document(s) to which it relates. Such oversized exhibits may, at the discretion of the clerk, be kept out of the electronic docket, but will be retained by the court. Non-paper physical exhibits shall not be attached to any document.

A non- paper physical exhibit shall be placed in a secure container labeled with the case name, case number, and the name, address, and telephone number of the submitting party; and submitted to the court with a separately filed notice. The notice shall include a description of the exhibit and an explanation for why it is not possible to attach the exhibit to the document to which it relates. Unless the filer is exempted from electronic filing, the notice shall be filed electronically. The exhibit, the notice, and the applicable Notice of Electronic Filing (NEF) shall be presented to the clerk’s office.

Exhibits that are audio or video recordings may be submitted on a CD, DVD, or thumbdrive contained in a sleeve attached to an exhibit page. Any passwords required to access the audio or video recordings must be listed on the exhibit page. Parties submitting such exhibits shall electronically file the exhibit page which shall read “PHYSICAL [CD/DVD/THUMBDRIVE] PROVIDED TO COURT.” (e) Signatures on Declarations and Affidavits. Declarations and affidavits may be submitted with electronic signatures.

The party and/or attorney must maintain the declaration or affidavit with the original signature. (f) In Camera Submissions. Documents submitted for in camera inspection shall have a captioned cover sheet that indicates the document is being submitted in camera and shall include an envelope large enough for the in camera documents to be sealed without being folded. (g) Effect of Non-Compliance.

12 In the event a party fails to comply with the rule on the form of documents, the court may order the prompt refiling of the document in proper form or strike the offending document.

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