Notice of Appearance - Hawaii

NOTICE OF APPEARANCE

Hawaii Circuit Court -- Civil

COURT SELECTION

Select the applicable circuit court:

☐ First Circuit -- City and County of Honolulu (Oahu)
☐ Second Circuit -- County of Maui (Maui, Molokai, Lanai)
☐ Third Circuit -- County of Hawaii (Hawaii Island / Big Island)
☐ Fifth Circuit -- County of Kauai (Kauai, Niihau)

Note: There is no Fourth Circuit. The Hawaii Judiciary operates across four circuit courts.

Division (if applicable):

☐ Civil Division
☐ Other: [________________________________]

SECTION 1: COURT CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT
STATE OF HAWAI'I

[________________________________],
          Plaintiff,

     v.                                        CIVIL NO. [________________________________]
                                               (Other applicable case numbers)
[________________________________],
          Defendant.

Note on Hawaiian Diacritical Marks: Use the 'okina (') and macron (kahako) in party names and place names if they appear in the official caption or filed complaint (e.g., "Hawai'i" not "Hawaii"). The 'okina is a consonant, not an apostrophe.

SECTION 2: TITLE

NOTICE OF APPEARANCE OF COUNSEL FOR [________________________________]

SECTION 3: TYPE OF APPEARANCE

Select the type of appearance being entered:

☐ General Appearance -- Full representation in all aspects of this matter
☐ Limited Appearance -- Appearance for specified proceedings or issues only (see Section 9)
☐ Substitution of Counsel -- Replacement of prior counsel of record (see Section 10)
☐ Additional Counsel -- Entering as co-counsel alongside existing counsel of record

SECTION 4: ENTRY OF APPEARANCE STATEMENT

For General Appearance:

COMES NOW [________________________________], Hawai'i Bar No. [________________________________], of the firm [________________________________], and pursuant to Hawai'i Rules of Civil Procedure Rules 5 and 11 hereby enters an appearance on behalf of [________________________________] ("Client"), the [________________________________] [Plaintiff/Defendant/Third-Party Defendant/Cross-Claimant/Counter-Claimant/Intervenor] in the above-captioned action.

All pleadings, motions, notices, orders, and other papers in this matter should be served upon the undersigned at the contact information set forth below.

For Limited Appearance:

COMES NOW [________________________________], Hawai'i Bar No. [________________________________], of the firm [________________________________], and pursuant to Hawai'i Rules of Civil Procedure Rule 11(b) and HEFSR Rule 1.1(e) hereby enters a limited appearance on behalf of [________________________________] ("Client") in the above-captioned action for the limited purpose described in Section 9 below.

This limited appearance does not constitute a general appearance for all purposes in this matter.

SECTION 5: ATTORNEY INFORMATION

Attorney Name:           [________________________________]
Hawai'i Bar No.:         [________________________________]
Firm Name:               [________________________________]
Street Address:          [________________________________]
                         [________________________________]
City, State, ZIP:        [________________________________], Hawai'i [____]
Telephone:               [________________________________]
Facsimile:               [________________________________]
Email (JEFS):            [________________________________]

Additional Attorneys Entering Appearance (if applicable):

Attorney Name:           [________________________________]
Hawai'i Bar No.:         [________________________________]
Email (JEFS):            [________________________________]

Attorney Name:           [________________________________]
Hawai'i Bar No.:         [________________________________]
Email (JEFS):            [________________________________]

SECTION 6: ELECTRONIC FILING AND SERVICE -- JEFS

A. Judiciary Electronic Filing System (JEFS)

The undersigned acknowledges and consents to the following:

☐ The undersigned is a registered user of the Judiciary Electronic Filing System (JEFS) as required for all attorneys practicing in Hawai'i circuit courts
☐ All documents will be filed electronically through JEFS unless an exception applies
☐ The undersigned consents to electronic service via JEFS in accordance with HEFSR Rule 2.7

B. JEFS Service Email Address

Electronic service through JEFS should be directed to: [________________________________]

C. JEFS Filing Code

When filing this Notice of Appearance through JEFS, select the filing event code:

☐ "APPEAR" -- Notice of Appearance / Entry of Appearance
☐ Other applicable event code: [________________________________]

D. Service on Non-JEFS Registered Parties

For parties not registered with JEFS, service will be made by:

☐ U.S. Mail to the party's last known address
☐ Hand delivery
☐ Other method as permitted by HRCP Rule 5(b)

SECTION 7: PRO HAC VICE ADMISSION

Complete this section only if counsel is not a member of the Hawai'i State Bar.

A. Pro Hac Vice Application Status

☐ A Petition/Motion for Pro Hac Vice Appearance pursuant to RSCH Rule 1.9 is being filed simultaneously by local counsel
☐ An Order granting pro hac vice appearance was entered on [__/__/____]
☐ Not applicable -- all counsel are members of the Hawai'i State Bar

B. Pro Hac Vice Attorney Information

Out-of-State Attorney Name:    [________________________________]
Bar Admission(s):              [________________________________] (Bar No. [____])
                               [________________________________] (Bar No. [____])
Good Standing in All Bars:     ☐ Yes

C. RSCH Rule 1.9 Requirements

The pro hac vice applicant certifies:

☐ Applicant is actively licensed to practice law by the highest court of a state, territory of the United States, or the District of Columbia
☐ Applicant will associate with a member or members of the Hawai'i bar as local counsel
☐ Applicant acknowledges that the petition or motion must be filed by local counsel
☐ Applicant agrees to be bound by all applicable Hawai'i statutes, laws, and rules of the court
☐ Applicant understands that the presiding judge has discretion to grant or deny the petition
☐ Applicant understands that if granted, pro hac vice status continues on appeal or remand without a new petition, subject to continued compliance

D. Local Counsel Requirement

An active member of the Hawai'i State Bar must serve as local counsel:

Hawai'i Local Counsel Name:    [________________________________]
Hawai'i Bar No.:               [________________________________]
Firm Name:                     [________________________________]
Hawai'i Office Address:        [________________________________]
                               [________________________________], Hawai'i [____]
Telephone:                     [________________________________]
Email (JEFS):                  [________________________________]

Important JEFS Note for Pro Hac Vice Attorneys: An attorney admitted pro hac vice may NOT register as a JEFS User. All filings must be made by the local counsel with whom the pro hac vice attorney is associated. Service of all documents, including pleadings, shall be upon local counsel, which constitutes service upon pro hac vice counsel and their client(s).

SECTION 8: PARTY INFORMATION

A. Client Information

Client Name:                   [________________________________]
Party Designation:             [________________________________]
                               (Plaintiff / Defendant / Third-Party Defendant / Intervenor / Other)
Client Address:                [________________________________]
                               [________________________________], Hawai'i [____]
Client Telephone:              [________________________________]

B. Opposing Counsel (Known)

Opposing Counsel Name:         [________________________________]
Hawai'i Bar No.:               [________________________________]
Firm Name:                     [________________________________]
Address:                       [________________________________]
Email (JEFS):                  [________________________________]

SECTION 9: LIMITED APPEARANCE

Complete this section only if entering a limited appearance.

A. Scope of Limited Appearance

Pursuant to HRCP Rule 11(b) and HEFSR Rule 1.1(e), the undersigned enters this appearance solely for the following limited purpose(s):

☐ Specific motion: [________________________________]
☐ Specific hearing on [__/__/____] regarding: [________________________________]
☐ Discovery proceedings
☐ Mediation or alternative dispute resolution
☐ Trial proceedings only
☐ Specific legal issue: [________________________________]
☐ Other (specify): [________________________________]

B. Duration of Limited Appearance

This limited appearance shall terminate upon:

☐ Conclusion of the specified proceeding(s) identified above
☐ Specific date: [__/__/____]
☐ Entry of order resolving the specified issue(s)
☐ Other: [________________________________]

C. Client Acknowledgment

☐ Client has been informed in writing of the limited nature of this representation
☐ Client understands that the undersigned attorney will not represent the client beyond the specified scope
☐ Client understands that the client remains responsible for all matters not covered by this limited appearance

SECTION 10: SUBSTITUTION OF COUNSEL

Complete this section only if this appearance constitutes a substitution.

A. Withdrawing Counsel Information

Withdrawing Attorney Name:     [________________________________]
Hawai'i Bar No.:               [________________________________]
Firm Name:                     [________________________________]

B. Basis for Substitution

☐ Withdrawing counsel has filed a motion to withdraw pursuant to HRCP Rule 11(e)
☐ An Order granting withdrawal was entered on [__/__/____]
☐ The client consents to the withdrawal and substitution (consent attached)
☐ A Stipulation for Substitution of Counsel has been filed

SECTION 11: SIGNATURE BLOCK

DATED: [________________________________], Hawai'i, [__/__/____].

Respectfully submitted,

                              [________________________________]
                              (Firm Name)


                              By: ________________________________________
                                  [________________________________]
                                  Hawai'i Bar No. [________________________________]
                                  [________________________________]
                                  [________________________________], Hawai'i [____]
                                  Telephone: [________________________________]
                                  Email (JEFS): [________________________________]

                                  Attorney for [________________________________]

SECTION 12: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Appearance was served upon all counsel of record and unrepresented parties by the method(s) indicated below, pursuant to HRCP Rule 5(b):

DATED: [________________________________], Hawai'i, [__/__/____].

                              ________________________________________
                              [________________________________]
                              Hawai'i Bar No. [________________________________]

SECTION 13: E-FILING INSTRUCTIONS -- JEFS

Step-by-Step Filing Procedure

1. Log in to the Judiciary Electronic Filing System (JEFS) at jefs.courts.hawaii.gov
2. Select the correct circuit (First, Second, Third, or Fifth Circuit)
3. Search for the existing case by civil number or party name
4. Select the filing event code: "APPEAR" for Notice of Appearance
5. Upload the signed Notice of Appearance in PDF format
6. Verify the service list includes all counsel of record and unrepresented parties
7. Select the service method for each party (JEFS electronic service for registered users; indicate traditional service for non-registered parties)
8. Submit the filing
9. Retain the JEFS filing confirmation receipt
10. Verify the filing appears on the court docket

Important JEFS Filing Notes

• JEFS is mandatory for all attorneys in Hawai'i circuit courts
• Pro hac vice attorneys cannot register for JEFS; all filings must be made by local counsel
• Use the correct filing event codes to avoid rejection
• Confirm file size limits and acceptable document formats (PDF) before uploading
• JEFS confirmation receipts serve as proof of filing and service

Filing Fees

• Standard filing fees vary by case type and circuit; confirm with the applicable circuit court clerk
• Pro hac vice petition filing fees are set by court order

SECTION 14: PRACTITIONER NOTES -- HAWAII-SPECIFIC

A. Hawaii Court System

Hawaii has a unified state court system with the following levels relevant to civil practice:

• Circuit Courts: Courts of general jurisdiction. There are four circuit courts (First, Second, Third, and Fifth Circuits -- there is no Fourth Circuit).
• District Courts: Handle small claims and civil matters under $40,000.
• Intermediate Court of Appeals (ICA): Appellate court.
• Supreme Court of Hawai'i: Highest appellate court.

Circuit Court Geographic Jurisdiction:

B. Hawaiian Language Considerations

• Use diacritical marks ('okina and macron/kahako) in Hawaiian place names and party names as they appear in the official court caption
• The 'okina (glottal stop) is a consonant represented by a single opening quotation mark (')
• The macron (kahako) appears over vowels to indicate a long vowel sound
• Verify spellings against the filed complaint and official court records

C. JEFS Service Requirements

Under HEFSR Rule 2.7:

• Service through JEFS constitutes valid service on all registered JEFS users
• Non-registered parties (including pro se litigants and pro hac vice attorneys) must be served by traditional means (mail, hand delivery)
• Maintain JEFS service confirmation receipts for proof-of-service disputes

D. Pro Hac Vice Restrictions

Under RSCH Rule 1.9:

• The petition must be filed by local counsel, not by the pro hac vice applicant
• Pro hac vice attorneys may NOT register as JEFS users
• All filings must be made by local counsel
• Service upon local counsel constitutes service upon the pro hac vice attorney and their client(s)
• Pro hac vice status continues on appeal or remand without a new petition, provided the attorney continues to comply with all applicable rules
• The presiding judge has discretion to grant or deny the petition

E. Withdrawal of Counsel

Under HRCP Rule 11(e):

• An attorney seeking to withdraw must file a motion with the court
• The court must grant leave before the attorney ceases representation
• For criminal and family matters, additional court approval requirements may apply
• If substitution of counsel is occurring, file the new Notice of Appearance simultaneously with the motion to withdraw

F. Limited Scope Representation

Under HEFSR Rule 1.1(e) and HRCP Rule 11(b):

• An attorney may enter a limited appearance for specific proceedings or issues
• The scope of the limitation must be clearly stated in the Notice of Appearance
• The client must be informed of and consent to the limited nature of the representation
• Upon conclusion of the limited representation, the attorney should file a notice of completion or termination

G. Unique Hawaii Practice Considerations

• Island Travel: Some circuits cover multiple islands (e.g., Second Circuit covers Maui, Molokai, and Lanai). Account for inter-island travel requirements for hearings.
• Time Zone: Hawai'i does not observe daylight saving time (HST, UTC-10). Confirm filing deadlines and hearing times accordingly.
• Courtesy Copies: Some judges require courtesy copies of filings. Confirm with the assigned judge's chambers.

This template is designed for use in Hawai'i Circuit Courts. For the United States District Court for the District of Hawai'i (federal court), different rules and procedures apply.