(a) (a) Preparation of judgments and other orders. Within 10 days (or such other time directed by the court) after entry or announcement of the decision of the court, the attorney or party designated by the court (“the drafting party”) shall draft a proposed judgment, decree, or order in accordance with the decision and attempt to secure thereon the approval of the opposing counsel or party (if self-represented) as to form.
(b) (b) Party approval or objection to form; delivery to Court. If there is no objection to the form of the proposed judgment, decree, or order, the opposing counsel or party (if self-represented) shall promptly approve it as to form by affixing a handwritten signature on it. Once the opposing counsel or party approves the proposed judgment, decree, or order as to form, the drafting party shall attach it to a coversheet which includes “Proposed” in its title, and shall file it conventionally or electronically in accordance with Rule 9 of the Hawaiʻi Electronic Filing and Service Rules.
If a proposed judgment, decree, or order is not approved as to form by the opposing counsel or party (if self-represented) within 5 days after a written request for such approval, the drafting party shall file a Notice of Submission of the proposed order which attaches the proposed order as an exhibit. The drafting party shall serve the Notice of Submission on all attorneys and any party who is not represented by an attorney. Service shall be made either through JEFS or conventionally in accordance with Rule 6 of the Hawaiʻi Electronic Filing and Service Rules. If the Notice of Submission is conventionally served, a certificate of conventional service shall be filed stating the actual date of service and the method of service used.
If any party objects to the form of the proposed judgment, decree, or order attached to the Notice of Submission, no later than 5 days after service of the Notice of Submission, that party shall file and serve upon each party a Statement of Objections which clearly states the basis for each objection to the proposed judgment, decree, or order. The Statement of Objections shall also attach the objecting party’s own proposed judgment, decree, or order as an exhibit.
In the event of an objection to the form of a proposed judgment, decree, or order, the court may schedule a Rule 58 conference or shall proceed to settle the judgment, decree or order. Either party may request a Rule 58 conference. Failure to file and serve objections and a proposed judgment, decree, or order within the time frame required shall constitute approval as to form of the drafting party’s proposed judgment, decree, or order.
(c) (c) Court approval; sanctions. If a proposed judgment, decree or order is consistent with the decision of the court, the court shall cause the judgment, decree or order to be entered forthwith. If a proposed judgment, decree or order is not consistent with the decision of the court, the court may require submission of a conforming judgment, decree or order. The court may impose a monetary sanction against a party or attorney who submits a defective or untimely judgment, decree, or order.
(d) (d) Request for entry. If the drafting party fails to timely submit a proposed judgment, decree, or order to the court, any other party may prepare a proposed judgment, decree, or order and present it to the drafting party for approval in compliance with subsection (b) above. If the drafting party is presented with a proposed judgment, decree, or order under this subsection and fails to approve it, the party who prepared the proposed judgment, decree, or order may filed a Notice of Submission in compliance with subsection (b) above for the court’s approval and entry. Any Notice of Submission under this subsection (d) shall include a representation that the party or attorney ordered to prepare the proposed judgment, decree, or order failed to timely prepare and present it as required by subsection (a) above.
(e) (e) No waiver of right to appeal. Approval as to form shall not affect the right, or constitute waiver of the right, of any party to appeal from any judgment, decree or order issued.
(f) (f) Documents submitted for court’s signature pursuant to formal hearing. All documents submitted for the court’s signature that are pursuant to formal hearing, shall reflect the exact hearing date or dates and the name of the hearing judge under the case number and character of the document and shall comply with Rule 7.1(c) of these Rules.
(g) (g) Preparation of stipulated order when provisions on record. If a party or parties are present in court, with or without an attorney, and state for the record that the parties stipulate to the entry of orders, the stipulation shall be reduced to writing by the attorney or party designated by the court within 10 days (or such other time as designated by the court), and shall be approved by all parties and their attorneys, if any, consistent with (b) above unless such a requirement is waived by the court. If a party who was present in court fails or refuses to approve the stipulation and order within 5 days after receipt, the court may approve the stipulation and order without approval of either the party or the party’s attorney, if any, provided that the provisions are consistent with the provisions stipulated to in court, and provided that the party or party’s attorney, if any, preparing the stipulation and order informs the court via a Notice of Submission consistent with (b) above that either the party or the party’s attorney, if any, refused or failed to approve the stipulation and order within the 5-day period.