Haw. Civil JEFS Guidance: How-to-Submit-Proposed-Order-for-Signature-in-JEFS 120219

TO: ALL LAWYERS WHO FILE DOCUMENTS IN JEFS

RE: SUBMITTING PROPOSED ORDERS TO COURT

The Judiciary has adopted a statewide recommendation for

electronically submitting in JEFS a proposed order for the judge

to sign. The Judiciary has attached two sample forms for

submitting a proposed order in JEFS. In both cases, HEFSR 9.1 1

requires that the submission be clearly marked as “proposed” and

submitted through JEFS. But, do not (1) include the word

“proposed” in the title of the actual proposed order itself and

(2) do not cause a Judiciary file stamp to be affixed to the

upper right corner of the actual proposed order to be signed by

the court.

SAMPLE 1: SUBMITTING A FREE STANDING ORDER.

When a prevailing party prepares a proposed

order for the court to sign, use the Sample 1

form. It employs a cover sheet that contains the

word “proposed” in the title of the order only on

the first page of the cover sheet, not on the

actual proposed order that is attached to the

cover sheet.

SAMPLE 2: SUBMITTING AN ORDER AS

PART OF A LEAD DOCUMENT.

When the proposed order is included as part of a

lead document, such as an ex parte motion, the

efiler should use the Sample 2 form. Note that

the word “proposed” only appears on the first

page of the motion in the title of the proposed

order to be signed by the court and not in the

title of the actual order, itself, that is

attached to the ex parte motion.

The goal of these procedures is to keep the actual proposed

order in a pristine condition so that the court can esign and

file it without modification.

1

Rule 9.1 of the Hawaii Electronic Filing and Service Rules states in relevant part:

Proposed orders, findings of fact, conclusions of law, and judgments shall be clearly

marked “proposed” and filed through JEFS or JIMS like any other document.

SAMPLE 1: FREE STANDING PROPOSED ORDER

(using COVER SHEET)

Atty Info

Block Here

[REMINDER: maintain 3” margin at the top of first page

(does not apply to “Atty Info Block”)]

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI`I

JOHN DOE, ) CIVIL NO. 19-1-00001 (GWBC)

)

)

)

Plaintiff, PROPOSED ORDER DENYING

)

DEFENDANT RICHARD ROE’S

)

MOTION TO DISMISS COMPLAINT

vs. )

FILED ON AUGUST 1, 2019;

)

CERTIFICATE OF SERVICE

)

)

)

RICHARD ROE, )

)

)

Defendant. )

)

)

PROPOSED ORDER DENYING DEFENDANT RICHARD ROE’S

MOTION TO DISMISS COMPLAINT FILED ON AUGUST 1, 2019

Comes now plaintiff John Doe, by his attorney, and hereby

respectfully electronically submits, pursuant to Rule 23 of the Rules

of the Circuit Courts of the State of Hawaii and HEFSR 9.1, the

attached Order Denying Defendant Richard Roe’s Motion to Dismiss

Complaint filed on August 1, 2019, for execution by the court.

DATED: HONOLULU, HAWAII, NOVEMBER 1, 2019.

____/s/ Joe Friday________________

JOE FRIDAY

Attorney for plaintiff John Doe

Atty Info

Block Here

[REMINDER: maintain 3” margin at the top of first page

(does not apply to “Atty Info Block”)]

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI`I

JOHN DOE, ) CIVIL NO. 19-1-00001 (GWBC)

)

) ORDER DENYING DEFENDANT

) RICHARD ROE’S MOTION TO

Plaintiff, DISMISS COMPLAINT FILED ON

)

) AUGUST 1, 2019

vs. ) Hearing:

)

) Date: 10-25-19

) Time: 8:30 a.m.

) Judge: Joseph E. Cardoza

RICHARD ROE, )

) Trial Judge: Joseph E.

) Cardoza

Defendant. )

)

)

ORDER DENYING DEFENDANT RICHARD ROE’S

MOTION TO DISMISS COMPLAINT FILED ON AUGUST 1, 2019

. . . .

DATED: HONOLULU, HAWAII, NOVEMBER 1, 2019.

_________________________________

JUDGE OF THE ABOVE-ENTITLED COURT

APPROVED AS TO FORM:

__/s/ Opposing Counsel_______

Opposing Counsel

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI`I

JOHN DOE, ) CIVIL NO. 19-1-00001 (GWBC)

)

)

Plaintiff, ) CERTIFICATE OF SERVICE

)

)

vs. )

)

)

)

)

RICHARD ROE, )

)

)

Defendant. )

)

)

CERTIFICATE OF SERVICE

. . . .

DATED: HONOLULU, HAWAII, _____________________.

___/s/ Joe Friday___________________

JOE FRIDAY

Attorney for plaintiff John Doe

SAMPLE 2: PROPOSED ORDER AS

PART OF LEAD DOCUMENT

(e.g. Ex Parte Motion)

Atty Info

Block Here

[REMINDER: maintain 3” margin at the top of first page

(does not apply to “Atty Info Block”)]

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI`I

JOHN DOE, ) CIVIL NO. 19-1-00001 (GWBC)

)

)

Plaintiff, ) PLAINTIFF JOHN DOE’S EX

) PARTE MOTION FOR FIRST

) EXTENTION OF TIME TO FILE

vs. ) PRETRIAL STATEMENT;

) DECLARATION OF JOE FRIDAY;

) PROPOSED ORDER GRANTING

)

PLAINTIFF JOHN DOE’S EX

)

PARTE MOTION FOR FIRST

RICHARD ROE, )

EXTENSION OF TIME TO FILE

)

PRETRIAL STATEMENT;

)

CERTIFICATE OF SERVICE

Defendant. )

)

)

)

)

)

)

PLAINTIFF JOHN DOE’S EX PARTE MOTION FOR

FIRST EXTENTION OF TIME TO FILE PRETRIAL STATEMENT

. . . .

DATED: HONOLULU, HAWAII, NOVEMBER 1, 2019.

____/s/ Joe Friday_________________

JOE FRIDAY

Attorney for plaintiff John Doe

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI`I

JOHN DOE, ) CIVIL NO. 19-1-00001 (GWBC)

)

)

Plaintiff, ) DECLARATION OF JOE FRIDAY

)

)

vs. )

)

)

)

)

RICHARD ROE, )

)

)

Defendant. )

)

)

DECLARATION OF JOE FRIDAY

. . . .

DATED: HONOLULU, HAWAII, NOVEMBER 1, 2019.

____/s/ Joe Friday__________________

JOE FRIDAY

Atty Info

Block Here

[REMINDER: maintain 3” margin at the top of first page

(does not apply to “Atty Info Block”)]

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI`I

JOHN DOE, ) CIVIL NO. 19-1-00001 (GWBC)

)

)

Plaintiff, ) ORDER GRANTING PLAINTIFF

) JOHN DOE’S EX PARTE MOTION

) FOR FIRST EXTENSION OF TIME

vs. ) TO FILE PRETRIAL STATEMENT

)

)

)

)

RICHARD ROE, )

)

)

Defendant. )

)

)

ORDER GRANTING

PLAINTIFF JOHN DOE’S EX PARTE MOTION

FOR FIRST EXTENSION OF TIME TO FILE PRETRIAL STATEMENT

. . . .

DATED: HONOLULU, HAWAII, _______________________.

_________________________________

JUDGE OF THE ABOVE-ENTITLED COURT

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAI`I

JOHN DOE, ) CIVIL NO. 19-1-00001 (GWBC)

)

)

Plaintiff, ) CERTIFICATE OF SERVICE

)

)

vs. )

)

)

)

)

RICHARD ROE, )

)

)

Defendant. )

)

)

CERTIFICATE OF SERVICE

. . . .

DATED: HONOLULU, HAWAII, NOVEMBER 1, 2019.

____/s/ Joe Friday__________________

JOE FRIDAY

Attorney for plaintiff John Doe