5 Hawaii opinions name it 2 courts 2021–2024 5 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
U.S. Bank Trust, N.A. v. Verhagen. ICA s.d.o., filed 07/20/2020, 148 Haw. 44. Motion for Reconsideration, filed 08/07/2020.green2 sentences2024In Verhagen, the pertinent declarations met the first two requirements of the incorporated records doctrine because both witnesses had testified that the "records were incorporated into [the subsequent holder's] own and kept and maintained [by the subsequent holder] in the ordinary course of its business" and that the loan servicer "used and relied on the incorporated records in the regular course of its loan servicing business." Id. 2024In Verhagen, the supreme court noted that, to establish trustworthiness in the incorporated records doctrine context, a qualified witness must testify as to whether the incorporating entity engaged in "due 10 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER diligence" processes or vetting procedures. 149 Hawai#i at 326, 489 P.3d at 430 . | 1 | 4 |
Wells Fargo Bank, N.A. v. Behrendt.green1 sentence2024See Wells Fargo Bank, N.A. v. Behrendt, 142 Hawai#i 37, 45, 414 P.3d 89, 97 (2018); U.S. Bank Tr., N.A. as Tr. for LSF9 Master Participation Tr. v. Verhagen, 149 Hawai#i 315, 325-27, 489 P.3d 419, 429-31 (2021). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Behrendt
green
1 sentence2021In making 3 *** NOT FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** this determination, the circuit court shall apply the incorporated records doctrine as outlined in State v. Behrendt, 124 Hawai‘i 90, 237 P.3d 1156 (2010), and clarified in Verhagen. | 1 | 2021–2021 |