Haw. Code R. § 5-51-33 - Notary requirement

The notary requirement provided in sections 712A-10(5) and (9), Hawaii Revised Statutes, may be applied as follows:

(1) The attorney general, with sole discretion, may waive the notary requirement for a petition for remission or mitigation of forfeiture; a claim and cost bond; or a claim and in forma pauperis bond if the interested party is detained or incarcerated at a detention facility and a notary public is not available. In such cases, the interested party shall:

(A) Use only the "Verified Petition for Remission or Mitigation Form," attached as appendix C, when filing a petition for remission or mitigation of forfeiture or only the "Declaration in Support of Request to Proceed In Forma Pauperis Form," attached as appendix D, when filing a claim and in forma pauperis bond; and

(B) Sign the form in front of an employee of the detention facility, who may bear witness to said signature and in turn sign the document attesting to the process;

(2) Any petition for remission or mitigation of forfeiture; claim and cost bond; or claim and in forma pauperis bond submitted for filing by a duly licensed attorney pursuant to section 712A-10, Hawaii Revised Statutes, shall not be subject to the notary requirement but the licensed attorney shall submit a declaration under penalty of perjury attesting to his/her licensed attorney status; and

(3) Unless otherwise specified under these rules, any petition for remission or mitigation of forfeiture; claim and cost bond; or claim and in forma pauperis bond submitted for filing pursuant to section 712A-10, Hawaii Revised Statutes, by any person other than a duly licensed attorney must comply with the notary requirement.

Notes

Haw. Code R. § 5-51-33

[Eff 1/17/2020] (Auth: HRS § 712A-10) (Imp: HRS §§ 712A-1, 712A-10)