Report Title:
Judiciary Package; Court Documents and Records
Description:
Allows court documents and records to be electronically signed and sealed. Allows both electronic seal and electronic signature to satisfy requirements that a court document, process, or certificate be signed, certified, acknowledged, verified, exemplified, attested, or made under oath or seal. (CD1)
THE SENATE |
S.B. NO. |
2600 |
TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 1 |
|
STATE OF HAWAII |
H.D. 2 |
|
|
C.D. 1 |
A BILL FOR AN ACT
RELATING TO ELECTRONIC COURT RECORDS, DOCUMENTS, PROCESSES, AND CERTIFICATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 606-3, Hawaii Revised Statutes, is amended to read as follows:
"§606-3 Seal of court[,]; physical or electronic seal, signature, or attestation[.] on physical or electronic court records. (a) Each court of record shall have a seal, [the device of] which shall be as approved by the supreme court. The seal shall be in the custody or control of the clerk of the court[,] and [shall be], when impressed, embossed, stamped, or electronically imprinted upon [all processes and official certificates,] a court document, process, or certificate, shall be accompanied by the clerk's official attestation.
(b) Any requirement that a court document, process, or certificate shall be signed, certified, acknowledged, verified, exemplified, attested, or made under oath or seal is satisfied if the document bears an electronic seal of the court and an electronic image of the signature or electronic facsimile signature of the judge, clerk, or other person authorized to perform these acts."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon approval.