Haw. R. Sup. Ct. 5.3

As amended through September 30, 2024
Rule 5.3 - USE OF ELECTRONIC DEVICES IN COURTROOMS BY THE BAR, JUDICIARY PERSONNEL AND SELF-REPRESENTED LITIGANTS
(a) Application.This Rule applies to the use of electronic devices by the bar, judiciary personnel, and self-represented litigants and does not apply to the use of electronic devices by jurors, members of the public or members of the media. This Rule applies in all courtrooms, and in or during proceedings as defined in Rule 5.1(c) of these Rules, that are open to the public. This Rule also applies when a court holds proceedings in locations outside a courthouse, including spaces in public schools, law schools, and other locations, unless otherwise specified by the court.

Within the locations specified above, the bar, judiciary personnel, and self-represented litigants may carry and use electronic devices as set out in this Rule. Except as provided by this Rule or Rule 5.2 of these Rules, the use of electronic devices in courtrooms is prohibited.

(b)Requirements for use.
(1) Use of electronic devices under this Rule is restricted to law- or court-related business purposes and is subject to the requirements of subsections (2) through (5) below. In addition, the presiding judge of a proceeding may prohibit or further restrict the use of any electronic devices prior to or during proceedings to protect the interests of security, safety, and privacy of parties, jurors, witnesses, attorneys, court personnel, or the public, or to ensure the integrity, decorum, or orderly conduct of proceedings. If prohibiting or further restricting the use of electronic devices, the judge shall state on the record the reason(s) prohibition or further restriction is deemed necessary. Failure to adhere to these requirements, prohibitions, or restrictions may result in removal of the person or device from the courtroom or courthouse or the imposition of other sanctions.
(2)Mobile devices having wireless communication capacity may be used in courtrooms and during proceedings by members of the bar using the member's own electronic device power source, unless otherwise authorized by the court. Members of the bar seated in the gallery must visibly display their HSBA picture identification cards to utilize electronic devices. Electronic devices may be used by self-represented litigants only with prior permission of the presiding judge and only at counsel table during a proceeding in which the self-represented litigant is participating. However, electronic devices may not be used to photograph or for audio or video recording, or for audio or video streaming, except as authorized by Rules 5.1 and 5.2 of these Rules.
(3) Within the courtroom, keyboards must be silent. Texting, e-mailing, accessing the internet, and other forms of electronic communication are acceptable uses if conducted without being audibly or visually distracting to others.
(4) The presiding judge may designate a portion of the courtroom for use of electronic devices.
(5) Electronic devices may be brought inside the courtroom, but ring tones and other sounds produced by these devices shall be disabled or silenced. Electronic devices brought into the courtroom cannot be used to make or receive calls inside the courtroom, unless otherwise authorized by the court.

Haw. R. Sup. Ct. 5.3

Added July 29, 2013, effective 1/1/2014; effective date stayed until7/1/2014 by order entered12/10/2013; effective date of 12/10/2013 order stayed continued to 12/31/2014 by order entered 6/17/2014; further amended December 22, 2014, effective 1/1/2015 to 12/31/2015; adopted permanently and further amended November 25, 2015, effective 1/1/2016; amended May 15, 2020, effective 7/1/2020.