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Rule 42 – Filing Procedure by the Clerk

May 11, 2021 | Criminal Procedure, Hawaii

(a) Classification. Upon the filing of the complaint, indictment, information, petition, pleading, or other similar documents, the clerk of the court shall classify and assign a number to the proceeding. All subsequent documents to be filed in the proceeding shall bear the same number, which shall appear on the first page of the document.
(b)Stamp by clerk. The clerk shall promptly stamp the time and date upon all conventionally filed documents.
(c)Docket entry and filing.

Upon the filing of any documents, an appropriate entry shall be made in the docket kept for each case. The docket may be an electronic record within a court-maintained computer. Each case shall be filed separately and its file shall contain an index sheet identifying particularly each document in such file and stating the date of filing.

(d)Original kept on file. The original of any document maintained in a paper file shall be kept by the clerk. Documents maintained in JIMS are deemed original documents for all purposes under any of the Hawai’i Rules of Court.
(e)No rejection of documents for filing. Notwithstanding any other rule to the contrary, the clerk shall not refuse to file any document presented for that purpose solely because it is not presented in proper form as required by these rules.
(f)Receipt or filing of proposed orders.

(1) PAPER RECORD. Proposed findings, conclusions or orders submitted for signature shall be dated and stamped “lodged” or “received” by the clerk and shall be transmitted to the court for consideration.
(2) JIMS RECORD. Proposed findings, conclusions, orders, or judgments shall be submitted in accordance with Rule 9 of the Hawai’i Electronic Filing and Service Rules.

Haw. R. Pen. P. 42

Added February 4, 2000, effective July 1, 2000; amended December 7, 2006, effective January 1, 2007; further amended May 7, 2012, effective June 18, 2012.