IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
FUNDING CORPORATION, a California
corporation, dba Aames Home Loan, Plaintiff-Appellee
MILLORA MORES and PATRICIA ROSETE MORES,
1-10, JANE DOES 1-10, and DOE PARTNERSHIPS,
CORPORATIONS and OTHER ENTITIES 1-20, Defendants
(CIV. NO. 1RC01-5476)
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, AND DUFFY, JJ.
The opinion of the court, filed on April 22, 2005, is amended as follows (deletions are stricken and additions are double underscored):
1. Lines 16 from the top of page 10 to line 9 from the top of page 11: assert the "source," "nature," and "extent" of their title claims in an affidavit.
First, the Moreses' declaration was not an affidavit that was "confirmed" by the Moreses before a person authorized to administer the Moreses' oath or affirmation. (1) An affidavit is "[a] written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation." Black's Law Dictionary 58 (6th ed. 1990) (emphasis added).
Second, assuming arguendo that the declaration may be construed as an affidavit for the purposes of HDCRCP Rule 12.1, t The declaration merely asserts that title was at issue, and fails
2. Renumber footnote no. 7 to no. 6 and all subsequent footnotes thereafter.
The Clerk of the Court
is directed to incorporate the foregoing changes in the original
opinion and take all necessary steps to notify the publishing agencies
1. 5 An unsworn declaration may be treated as an affidavit in other instances. See, e.g., Hawaii Rules of Penal Procedure Rule 47(d) (2001) ("In lieu of affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated[.]") However, there is no HDCRCP Rule that provides for substitution of a declaration for an affidavit. HDCRCP Rule 6(d) (2001) provides in relevant part that "[w]hen a motion is supported by affidavit, the affidavit shall be served with the motion[.]"