Haw. Dist. Ct. R. Civ. P. 11

Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in that attorney's individual name, whose address shall be stated. Any document prepared by an attorney for an unrepresented 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 paper and state the party's address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The rule in equity that the averments of an answer under oath must be overcome by the testimony of two witnesses or of one witness sustained by corroborating circumstances is abolished. The signature of an attorney or party constitutes a certificate by the signatory that the signatory has read the pleading, motion, or other paper; that to the best of the signatory's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and 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 paper 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 paper 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 paper, including a reasonable attorney's fee.

COMMENTS:

Adopts HRCP Rule 11 verbatim except changed to gender neutral language.

Currently, DCRCP provide the District Courts with little power to sanction attorneys who are negligent or worse in the filing of documents and no power to sanction pro se parties who are negligent or worse in the filing of documents. Adoption of Rule 11 will give the District Courts more flexibility in dealing with errant activity by litigants.

(Amended September 17, 2019, effective September 17, 2019.)