Amended Order for Reopening Courts in First Circuit, Hawai'i, Exams of Civil procedure

Download Amended Order for Reopening Courts in First Circuit, Hawai'i and more Exams Civil procedure in PDF only on Docsity! SP. No. I DSD-20-0000005 IN THE DISTRICT COURT OF THE FIRST CIRCUIT STATE OF HAWAI'I In the Matter of thc DISTRICT COURT OF THE FIRST CIRCUIT'S ADDITIONAL RESPONSE TO THE COVID-I9 OUTBREAK THIRD AMENDED EMERGENCY ORDER REGARDING THE DISTRICT COURT OF THE FIRST CIRCUIT'S ADDITIONAL RESPONSE TO THE COVID-19 OUTBREAK; EXHIBITS l-4 ) ) ) ) ) ) ) ) ) ) ) ) THIRD AMENDED EMERGENCY ORDER REGARDING THE DISTRICT COURT OF THE FIRST CIRCUIT'S ADDITIONAL RESPONSE TO THE COVID.I9 OUTBREAK This matter comes before the Court in light ofthe public health ernergency in the State of Hawai'i. Pursuant to the Orders of Chief Justice Mark E. Recktenwald filed March 16, 2020, April 17,2020, April 24, 2020, April 27,202O,May 22,2020, and May 28, 2O20, in SCMF No. 20-0000152, In re the Judtctary's Response to the COVID-|9 Outbreak; Chief Judge R. Mark Browning's Third Amended Emergency Order #5 Regarding District Court of the First Circuit filed in SP No. I CSP-20-0000082, In re the Circuit Court of the First Circuit's Response to the COVID-|9 Outbreak, on May 28, 2020; and with authority as Deputy Chief Judge of the District Court of the First Circuit, State of Hawai'i, the Court hereby orders the following: I Electronically Filed FIRST CIRCUIT 1DSD-20-0000005 08-JUN-2020 09:29 AM ") All District Court Courthouses Shall Re-Open for Services to the public l. The Kdne'ohe District Court, the 'Ewa District Court, the Wahiawd District Court, and the Wai'anae District Court shall re-open to the public on June 8, 2020. 2. Throughout the COVID-19 outbreak, services to the public have been available at the Honolulu District court Information Booth. The Information Booth shall continue to provide services to the public. The Information Booth is located on the plaza, outside the entrance to the courthouse. Due to its location, the public may obtain services there without standing in the lines desigrated for security screening and/or the elevators. 3. The Traflic Violations Bureau and Legal Documents Branch on the second and third floors ofthe Honolulu District court shall re-open to the public on June g, 2020. 4. Self-represented litigants (i.e., people without attomeys) seeking legal advice in landlord-tenant and other district court matters may request telephonic assistance through the Honolulu Access to Justice Room. Hours: Monday, Wednesday, and Friday between 9:00 a.m. to l:00 p.m. Telephone number: (808) 538-5629 Cost: Free The Honolulu District Court Service Center will refer calls to the Honolulu Access to Justice Room. In-person appointments at the Honolulu Access to Justice Room are not currently available. More information about the Access to Justice Room is attached as Exhibit l. Electronic Filine Services Shall Continue to be Made Available to the Public 5. Petitions for Temporary Restraining Orders shall be filed electronically, to the extent possible. 10. During the COVID-I9 outbreak, the District Court worked with numerous stakeholders to facilitate court proceedings via video conferencing in cases involving custody defendants. To the extent possible, video conferencing shall continue to be used for cases involving defendants currently in the custody of HPD, OCCC, and/or HSH. 1 1. In-person proceedings in criminal misdemeanor, criminal petty misdemeanor, traffic misdemeanor, and traffic petty misdemeanor cases involving defendants who are not in the custody of occc, HSH, and/or HPD will be postponed until after June 30, 2020. a. Remote hearings for status conferences, change ofplea, and demand or waiver ofjury trial proceedings are cunently being explored. b. Individuals with pending anaignment dates in criminal misdemeanor, criminal petty misdaneanor, traffic misdemeanor, and traffic petty misdemeanor cases who cannot afford to hire an attomey may contact the office of the Public Defender for possible legal representation prior to their court dates. Individuals will still need to go through a qualification process based on their financial situation to qualify for services. Intake appointments are currently available by telephone only. Hours: Monday through Friday, 7:45 a.m. to 4:30 p,m. Telephone: (808) 586-2100 Cost: Free The Office of the Public Defender does not provide legal services in civil cases. 12. Effective June l, 2020, in-person hearings for DWI Court shall resume. To the extent possible, remote hearings shall be utilized. 5 13. Effective June 1,2020, traffic infraction cases shall proceed as follows: a. Traffic infraction hearings under Haw. Rev. Stat. g 29lD-8 that can be adjudicated based on the submission ofwritten statements may proceed as scheduled. b. Traffic infiaction hearings under Haw. Rev. Stat. g 29lD-8 that can be adjudicated through remote hearings and/or telephonic appearances may proceed as scheduled. c. During the month of June 2020, remote traffic infraction hearings will be held through Zoom. The meeting ID for traffic infraction hearings scheduled in June 2020 is: Zoom App or URL: www.zoom.us Meeting lD t 812-5617 -7 9 42 Instructions on "How to Join a Court Remote Hearing Using Zoom" is attached as Exhibit 3. d. In-person traffrc infraction hearings under Haw. Rev. Stat. $ 29lD-8 will be postponed until after June 30,2020. e. Traffic infraction trials under Haw. Rev. Stat. g 291D-13 will be postponed until after June 3 0,2020. 14. There shall be no civil pretrial conferences, cou(-mandated settlement conferences, retumables, motions, hearings, trials or other court proceedings in cases "to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes or other fees required for the residential dwelling 6 unit" as set forth in Govemor David Y. Ige's Eighth Supplementary Proclamation Related to COVID-19 Emergency (dated May 18, 2020 and effective to June 30, 2020). 15. Effective June 8, 2020, civil pretrial conferences shall resume. To the extent possible, remote hearings shall be utilized. In the event a case on the pretrial calendar seeks "to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes, or other fees" as set forth in Govemor David Y. Ige's Eighth Supplementary Proclamation Related to the COVID-I9 Emergency (dated May 18, 2020), the presidingjudge shall (i) reschedule the retumable hearing to a date after June 30,2020, if the Complaint was filed on or before April16,2020, (i.e., prior to the effective date of Govemor David Y. Ige's Fifth Supplementary Proclamation Related to the COVID-19 Emergency dated April 16, 2020), or (ii) dismiss the case if the Complaint was filed on or after Apnl 17 ,2020. a. Appearances at pretrial conferences for the sole purpose of requesting continuances are strongly discouraged, Instead, parties should file stipulations to continue or motions to continue in accordance with the District Court Rules of Civil Procedure. b. Appearances at pretrial conferences for the sole purpose of dismissing a claim or counterclaim are strongly discouraged. Instead, parties should file stipulations for dismissal, notices of dismissal. or motions to dismiss in accordance with the District Court Rules of Civil Procedure. 16. Effective June 8, 2020, civil settlement conferences shall resume. To the extent possible, ranote hearings shall be utilized. 7 b Retumable hearings currently scheduled in the Honolulu District Court for the week ofJune 8-12,2020, will be rescheduled for the week ofJune 29-July 2,2020, or soon thereafter. Appearance times may be staggered by the Court. In the event a case on the returnable calendar seeks "to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes, or other fees" as set forth in Govemor David Y. Ige's Eighth Supplernentary Proclamation Related to the COVID-l9 Emergency (dated May I 8, 2020), the presiding judge shall (i) reschedule the retumable hearing to a date after June 30,2020, if the Complaint was filed on or before April 16, 2020, (i.e., prior to the effective date of Govemor David Y. Ige's Fifth Supplementary Proclamation Related to the COVID-19 Emergency dated April 16, 2020), or (ii) dismiss the case if the Complaint was filed on or after April 17, 2020. Retumable hearings currently scheduled in the Honolulu District Court for the week ofJune 15-19,2020, will be rescheduled for the week ofJuly 6-10,2020, or soon thereafter. Appearance times may be staggered by the Court. In the event a case on the refumable calendar seeks "to terminate any tenancy for a residential dwelling unit, for failure to pay all or any portion ofthe rent, maintenance fees, utility charges, taxes, or other fees" as set l0 c. forth in Govemor David Y. Ige's Eighth Supplementary Proclamation Related to the COVID-I9 Emergency (dated May 18,2020), the presiding judge shall (i) reschedule the retumable hearing to a date after June 30,2020, if the Complaint was filed on or before April 16, 2020, (i.e., prior to the effective date of Govemor David Y. Ige's Fifth Supplanentary Proclamation Related to the COVID-I9 Emergency dated April 16, 2020), or (ii) dismiss the case if the Complaint was filed on or after April 17, 2020. 19. Non-hearing motions to advance retumable hearings in cases based on alleged non-monetary breach involving violence, threats ofviolence, illegal activity, and/or safety and health violations may be filed upon written notice to all parties. Retumable hearings will not be advanced to any date prior to June 22, 2020. 20. Parties in summary possession and ejectment cases are encouraged to mediate their disputes prior to the retumable hearing, if possible. Free mediation services in landlord-tenant cases are currently available through the Mediation Center of the Pacific, lnc. Hours: Monday through Friday, 8:30 a.m. to l:30 p.m. Telephone: (800 52f-6767 Cost: Free More information about the Rapid Response Landlord-Tenant Mediation is attached as Exhibit 4. 21. Effective June 22,2020, the civil motions calendar at the Honolulu District Court shall resume. To the extent possible, rernote hearings shall be utilized. l1 a. Civil motions currently scheduled in the Honolulu District Court on June l, 2020, will be rescheduled to Jtne22,2020. Appearance times may be staggered by the Court. b. Civil motions currently scheduled in the Honolulu District Court on June 8,2020, will be rescheduled to June 2q, 2020. Appearance times may be staggered by the Court. c. Civil motions currently scheduled in the Honolulu District Court on June 15, 2020, will be rescheduled to July 6, 2020. Appearance times may be staggered by the Court. 22. Effective June 22,2020, civil trials in summary possession and ejectment cases based on alleged non-monetary breach involving violence, threats ofviolence, illegal activity, and/or safety and health violations at the Honolulu District Court will resume. 23. Effective July l,2020, civil trials at the Honolulu District Court will resume Civil trials currently scheduled at the Honolulu District Court on dates prior to July l, 2020, will be rescheduled to dates approximately 8 weeks later. Appearance times may be staggered by the Court. Some civil trials currently scheduled at the Honolulu District Court on or after July l, 2020, may also be rescheduled due to staffrng and social distancing requirements. Appearance times may be staggered by the Court. b t2 a. How-To Guide Guide for Using Document Drop-off from the Judiciary Website 04/24/20 This guide is Intended for members ol the public who may need to drop off a document with the Court electronically. You will need a JEFS account and a document in PDF format to use this feature. This feature will be available only to users registered in JEFS as Attorney, Firm Staff, Pro Se and Document Subscriber. NOTE: Court Document Drop-ofi is a new feature developed for the public to send documents to the courts ln an effort to combat COVID-19 by submitting PDFS electronically without a personal interaction. This is only a digital drop otf and not an official tiling for court records Oocument Drop.off does NOT replace Judiclary Electronic Filing (JEFS) and JEFS account holders such as attorneys, firm staff, and self-represented litigants are still required to follow Hawai'i Electronic Filing and Service Rules for electronic filing in traffic, criminal and civil (oistrict and circuit court only) cases. Not all combinations of court and location wlll be available for all users: for example, atlorneys will have Family Court options for all islands except O'ahu. The documents submitted through Document Orop-off are NOT available online unless the document is updated to cases by the Court (available through ecourt Kokua or Ho'ohiki) lt is the submitte/s responsibility to provide accurate contact information to court staff for any possible follow up. The Court is not responsible for any delays or nondelivery of your documents due to technical difficulties, user error or any other cause . Do not use document drop-off if you need to file a document in JEFS . Do not use document drop-ofi if your docurnenl is supposed to be emailed per Supreme Court Order . Do not use document dropofi if your docurnent is for a luvenile matter (non-trafric matters for children held at Family Courl) EXHIBIT 2 1 How-To Guide Navigate to the Judiciary website A ln a browser, go to htlos //ww.!'v courts siate hr us B Click the Efiling link in the left column of the screen Hawai i Stat€ f udiciary @oo ,f'B vfdi f udiciary E Efiting Q .<-a xa.-' if, xo or',r, CMl rtt3 lnro.6r.ioa ?{. flyilrl! Ot t !. X-, l,t fiaa Co.^ oa reO.Jr lll r, r 0l, t a O.rrEt (er !!/ r y t2t <r<', ,,. r5r, Lil,lt rn .E r !,ly! ,I onrrr (oqr c,l I r0/r/ rtl (rtui Co!.r (i!r I ro.&lt! ra Lrla (o{.a .,!d lI lcr.d (. ro t!. fdtrtl.5r-*.rmr.F |? ,!ri.qrr!.,E l'-ha .t n.oa! EaQ.lt .{'x.r'y A.f.d q.r{r.iil d C6 r.16 d&. E6. tu r. '.4.!G., 6o.rru4 $r. lr*lrt O.<rriifa ; art rld S.r (a t,sr,r! 0tf5ll{tltIr 2 Hawai r Stat€ G-,.rrA. -. .r-a-t-i . r.l i a Q oc*n xor,,r. lf, n"'"r',ri Qro' r"1 rIs u n \ ../ ,fi, #sG \{ t t- 'lt- ' .-s / r\ B fvla,r 0rLt Court Celebrates 70th Graduatron Ceremony .a C. Click on Judiciary Electronic Frling and Service System (JEFS) Login Page link. atilinl GirdL{r.di. hatFt r {r..t - t 6rr (.6. ltrtLrd.-. (Fidro!.rurt r tt-artq.rraa-b, How-To Guide D. Type your JEFS WEBU lD and password and then click Login Note: lf you do not have an lD, see instructions on the Judiciary website to register for a free JEFS account using the Register for Access link. Judicary Electronic Filing and SeMce System (JEFS) J-::.r, l\'r.s r Ma*i,3,ru 4o- ,EFS WE U tO +- teFS partaqd ttblcoitr b lt. Frr& | ,Arr(rr] t Bacl!.rc F69 a.a !ar!*a Itt tt rJ€Flr EFs ,06 .rgrll ano ,rci.lrd rDfitr ,{ .t?!t .nd rao'rlrira uuroiaqrtd Dttar b .r.ctEi.r, t do( ull.t! b a, car 6 Da tr'rar lt lro'al cqri !a ADlaat tr ar aarr ln tl. Hranglon,n Cwrt ]!(l b.(rrry!i, cata lntahr.ri OiFldColJ.1 Crl3.006.r!a.r! tytrt r !a a6od Ir JEFS ntl., j. b.ot ght hD rx Juo('ar! hbitlrlo' r,ranaaa.rri 3tlt ,i Tn6l( l4f nt taala, cortn6.rErrr- ^.t'rqa ri(tlonr'lr trl. rlurort Oo(r,rrttlnaafiq|cn J€Fs rt rrt.ibn lrqur.nrtt ollr ltran El.('ut< tuna &6S*ra Rd. .hhara,r CosriR-onL Rt .riL n raraii9oi,n haaoo.tgcdsl![. !.tru(!.g brrrl.oi9 *rra ailo alrlor! r!,ar Fa.r aoila, .!r Rla 0 Clr haran Cod ia.ort,| Rltar ala i,. (tof,r |!! i,ltnrofi otc.idlar !r't irano. ar'. &loJd .ur'aa.t ll. Enter details about the PDF that you want to electronically drop off with the Court Note: Some information will be entered by selecting a value from a dropdown list and some information can be typed into blank fields, such as Document Name Coun Oocumont 3 E Click Court Oocument Drop-off. Oocum€nt Drop-otf How-To Guide 3. Confirmation of the Document Orop-ofi will be displayed which includes the information you provided 4 Click the Printable View link to generate a PDF copy of the confirmation. @ @ CoutT Document Drop-off Yu.borEi r5b.r. rr!* r, 'i ca.a.dr-r n oaut6 o.2f o@.a(t@ Yq, rr at d!.a.Q.rri rr itu cb'drnloPln&lt. L-: Oo d dd rt it*r b-r o lq, r. lrr E rrrrr.r.tu (rffi a You may want to keep this PDF with the drop off details for your use Cdit D@JnEil CLop-oll \ a. &.r-x tr i.. -h-n.J t O. an.L(l|*.Ir.l L lht*.r llr.ltllx -!lst. bGrrod,ll@}r O.--.tsh.h-n bhbrL.:narEloar rF[ t. e2o@o3qlry C.- a-- h..rr. O.. btait,.t2,. bla-r. r.rOaaEE.'.! D--d lDl :tlX{ -:trlllrtl' D...rr \.-: I c\a (lr-ulrEtrr \.Lhb. D..11-: Illt RSD.\\ . \PRIL | 6. llr:rl or llr o: pll ( ru.t ?r-. \...: ,&.' Ut ?b-: rxrl rl:l Illl a:.dl !*B: rl'l. llx, rrrcnr.}|.(rll EI 5. Your Document has been dropped off 6. Click Close to return to the home page where you can drop otf another document or Log Out NOTE: Do NOT click the Back button on your browser. Courl Document Drop-ofl x- oo d ckr tu Ed hJrrr rrr crr i-b! {rtlt,rrrra.a... rL O--r O. lfOOClO48 trqot.ffi-la.-cbGEr6PirE \b -3trs&t -bDrrh-r t -hbrla rrr.Br ^Fr I itt oclor aa C--ht-b5.O-ar-aEt, UliA. Haa- r-.(r..aEi- 6 6 How to Join a Court Remote Hearing Using Zoom This guide provides step-by-step instructions for joining a Court Remote Hearing via Zoom. Use one oi the three options below: I ) Use the Zoom Appl 2) Use your *eb browser; or 3) Call-in. Please have the meeting information and.r-our telephone with !'ou et all times during the meeting. In the case of a technical difficultl' or disconnection, promptll call in to the meeting using you r telephone and the call-in number. See option #3 for call in instructions. OPTION I - Download the Zoom Application on your device Download the Zoom App at least one day belore your scheduled hearing date. This will enable you to test out your device and equipment. Download the Zoom App on your smart device. On your computer or laptop, you may download using this link: llltl:: 'u u rr.zoorlt.us. sulltrn dos rtloatl On the date of your court hearing. open the app. E@ Smart Phone App E aooM cb, GDO Computer APP a> Click JOIN MIIEl lNG Flnter Meeting ID provided by the court. Entcr y-our name. This will help courl stsff check ;-ou in for the hearing. Click JOIN. zoorn ) ,{ GET EXHIBIT 3 I I 1 ,i, Join Mceting *-- ! rr,nrr'o* r.,ur twtan aa,n a-- If your device does not have a microphone. a prompt to choosc your audio u'ill appear. Click PHONE CALL. Dial one of the numbrs provided. , When prompted. enter the MEETINC ID followed by the # sign. , When prompted. enter the PARTICIPANT lD lollowed by the # sign. ('lick tX)N F.. ir.i.r { ci. d airE.!.qrt c9 I ' ir, 't l.':a 7l, .tel't!'r .t .lr lrl ataa -t lu a:i .ir -l(/rtIl!. .l rh rttatl nrraq O lrtt$ rl: f *vao n.5n { ._ #to -#| 1--/- fr ) OPTION 2 - Join using the desktop client. No downloading of the Zoom App. You may use any browser: LJse any of the fbllowing web browsers: Chrome. Firefox, Microsotl Edgc. Salari, Intemet Explorer l0 or higher. ( itr lo Click JOIN IvIFIUTING - F.1, 3tg I ! -ar 2 I VIDEO HEARING TIPS & ETIQUETTE Before the meeting o Download the Zoom App and test the equipment you plan to use forthe video conference at least one day ln advance. . Situate yourself in front of a neutral background, such as a wall, in an area in which you won't be distu rbed. r Dress as you would to appear in court. o Place your camera at face-height. o Close all other proBrams on your computer or smart phone. . Please have your traffic citation and any materials you want to show to the judge ready. During the meeting . Log into the meeting at least 10 minutes before the scheduled hearing start time. o lf you participate via video conference, please pay attention to the screen. Court staff may use the chat feature to let you know when your case is next. . Keep yourself on mute unless speaking. . Keep your telephone close during the meeting in case of technical difficulties, but make sure your phone is on silent. o Do not record the meeting in any way in accordance with court rules. 5 Video Hearing FAQs Do I need a Zoom account in order to join the hearing? No. You can join the hearing without a Zoom account by using the meeting information provided by the court. Will I be charged for attending court vla videoconference? There is no direct charge for appearing remotely, but you may be charged for data or minutes used by your carrier network. Do I need to download an app to my computer, tablet, or phone to join the hearing? No. You can join the meeting on a web browser. lf you are unable to video conference, you may alternatively call in to the meeting on your telephone. However, using the app is the recommended method for joining the hearing. l'm having trouble opening the link and getting into the meeting. What should I do? Try one of the alternative methods of joining above, such as by joining the meeting via www.zoom.us or.ioining via the app. lf that does not work, try joining the meeting on your smartphone or tablet. lf you are still unable to Bet into the meeting, call the provided dial-in number on your phone. 6 @txe MEDTATToN cENTER oF THE pAcrFrc, tNc. RAPID RESPONSE LANDTORD.TENANT MEDIATION The fight against the Coronavirus has created financial hardships for many. With thousands of layoffs and furloughs, tenants are stretched to pay their rent, and landlords are worried about how they will pay their mortgage and other bills. And while there is currently a moratorium on evictions, tenants are still required to pay their rent. lf landlords and tenants don't talk now and work out payment plans, they may find themselves fighting in a back-logged eviction process when the moratorium is lifted. To help landlords and tenants negotiate realistic payment plans and maintain a positive working relationship, the Mediation Center of the Pacific, lnc. (MCP) has created a Rapid Response Mediation Program. Through videoconference, telephone ora secure online platform, landlords and tenants can work with an impartial mediator who will help them discuss a variety of options such as payment plans, temporary rent reduction, deferred payments, and other creative solutions that will enable the landlord to continue receiving some level of payment and enable the tenant to craft a realistic future for remaining in their home. By making a plan, everyone can relieve some of their worries about the future. DON'T WAIT .,. SCHEDULE A MEDIATION SESSION TODAY Tenants who were current with their rent prior to Covid-1g and have suffered financial hardship as a result of the pandemic, need to talk with their landtords now There is no cost to participate in mediation through MCP Call S2L-6767 between 8:30 a.m. and 1:30 p.m. Monday through Friday o While the MCP staff is working remotely, they are receiving telephone calls. o lf all staff are busy, leave a voicemail and someone will return your call by the next business day. Mediation sessions last approximately one hour and are primarily scheduled at 9:OO a.m. and 1:00 p.m., Monday through Friday. c Some additional sessions Monday through Friday may be available. Experienced mediators who have received specialized training in conducting telephone and videoconference mediation sessions for landlords and tenants will be assigned to work with you during your scheduled mediation session. EXHIBIT 4