HAWAI#I RULES
OF
APPELLATE PROCEDURE
(SCRU-10-0000012)
Adopted and Promulgated by
the Supreme Court
of the State of Hawai#i
April 16, 1984
Effective June 1, 1984
With Further Amendments as Noted
Comments and commentary are provided by the rules committee
for interpretive assistance. The comments and commentary express
the view of the committee and are not binding on the courts.
The Judiciary
State of Hawai#i
HAWAI#I RULES OF APPELLATE PROCEDURE
Table of Contents
Rule 1. SCOPE OF RULES AND TITLE
(a) Scope of rules
(b) Rules not to affect jurisdiction
(c) Title
(d) Interpretation and enforcement of rules
(e) Effect of Hawai#i Electronic Filing and Service Rules
(f) Effect of Automation on Processes and Procedures
Rule 2. SUSPENSION OF RULES
Rule 2.1. APPLICABILITY OF OTHER COURT RULES; DEFINITIONS
(a) Applicability of other court rules
(b) Definitions
Rule 3. APPEALS - HOW TAKEN
(a) Filing the notice of appeal
(b) Joint or consolidated appeals
(c) Content of the notice of appeal
(d) Denomination of the parties
(e) Service of the notice of appeal
(f) Payment of fees
Rule 3.1. CIVIL APPEAL DOCKETING STATEMENT
(a) Cases for which required
(b) Time for filing
(c) Reserved
(d) Service of the CADS
(e) Relationship to Rules 10 and 11
(f) Sanctions
Rule 4. APPEALS - WHEN TAKEN
(a) Appeals in civil cases
(1) Time for filing
(2) Premature filing of appeal
(3) Time to appeal affected by post- judgment motions
(4) Extensions of time to file the notice of appeal
(5) Entry of judgment or order defined
(b) Appeals in criminal cases
(1) Time for filing
(2) Effect of motions in arrest of judgment or for new trial
(3) Entry of judgment or order defined
i
(Release: 12/18)
Table of Contents Hawai#i Rules of Appellate Procedure
(4) Premature notice of appeal
(5) Extensions of time to file a notice of appeal
Rule 4.1. CROSS-APPEALS
(a) Right of cross-appeal
(b) Manner and time of filing
(c) Additional requirements
(d) Abandonment or dismissal of appeal
(e) Extension of time to file cross-appeal
Rule 5. RESERVED
Rule 6. RESERVED
Rule 7. BOND FOR COSTS ON APPEAL IN CIVIL CASES
Rule 8. STAYS, SUPERSEDEAS BONDS, OR INJUNCTIONS PENDING
APPEAL
(a) Motions for stay, supersedeas bond or injunction in the appellate
courts
(b) Stay may be conditioned upon giving of bond; proceedings against
sureties
(c) Stays in criminal cases
Rule 9. RELEASE IN CRIMINAL CASES PENDING APPEAL
(a) Appeals or relief from orders respecting release prior to a
judgment of conviction
(b) Release pending appeal from a judgment of conviction
(c) Criteria for release
Rule 10. THE RECORD ON APPEAL
(a) Composition of the record on appeal
(b) The transcript of court proceedings
(1) Request to prepare transcript
(A) When to request
(B) Form of request
(C) Payment or Deposit for Transcript
(D) Service required
(E) Expected completion date; time limitations
(F) Inadequate payment or deposit
(G) Filing the Transcript in the Appellate Case
(H) Cancellation of request for transcripts
(2) Certificate that no transcripts to be prepared
(3) Duty of appellant in insufficiency of the evidence appeals
(4) Notice to appellee if fewer than all transcripts are ordered
(Release: 06/16)
ii
Hawai#i Rules of Appellate Procedure Table of Contents
(c) Statement of the evidence of proceedings when no report made or
when transcript unavailable
(d) Agreed statement as the record on appeal
(e) Correction or modification of the record
(f) Request for findings of fact and conclusions of law
Rule 11. TRANSMISSION OF THE RECORD
(a) Duty of appellant
(b) Duty of the Clerk of the Court or Agency
(c) Duty of the Appellate Clerk
(d) Record for motions for intermediate orders in the appellate
courts
Rule 12. RECEIPT OF THE NOTICE OF APPEAL; FILING OF RECORD
(a) Receipt of the notice of appeal
(b) Filing the record, partial record, or notification
Rule 12.1. STATEMENT OF JURISDICTION
(a) Filing
(b) Length
(c) Content
(1) Civil
(2) Criminal
(d) Attachment
(e) Sanctions
Rule 13. CERTIFICATION OF QUESTION OF HAWAI#I LAW BY
FEDERAL COURTS
(a) When certified
(b) Contents of certificate
(c) Preparation of certificate
(d) Briefs
(e) Deleted
Rule 14. RESERVED
Rule 15. RESERVED QUESTIONS
(a) From what court
(b) Record
(c) Disposition
(Release: 06/16) iiiiii
Table of Contents Hawai#i Rules of Appellate Procedure
Rule 16. PLEADINGS IN ORIGINAL ACTIONS FILED IN THE SUPREME
COURT
Rule 17. ORIGINAL PROCEEDINGS
Rule 18. AGREED FACTS; SUBMISSION ON
(a) Submission
(b) Good faith
(c) Disposition
Rule 19. RESERVED
Rule 20. RESERVED
Rule 21. WRITS OF MANDAMUS OR PROHIBITION DIRECTED TO A
JUDGE; WRITS OF MANDAMUS DIRECTED TO A PUBLIC
OFFICER; OTHER EXTRAORDINARY WRITS
(a) Writs of mandamus or prohibition directed to a judge
(b) Writs of mandamus directed to a public officer
(c) Denial; order directing answer
(d) Habeas corpus proceedings
(e) Other extraordinary writs
Rule 22. RESERVED
Rule 23. CUSTODY OF PRISONERS IN HABEAS CORPUS
PROCEEDINGS
(a) Transfer of custody
(b) Detention or release of prisoner pending disposition of
application for habeas corpus
(c) Modification of initial order respecting custody
Rule 24. PROCEEDINGS IN FORMA PAUPERIS
(a) Leave to proceed on appeal in forma pauperis from the
circuit, district, family, land or tax appeal court or from an
agency determination to the Hawai#i appellate courts
(b) Effect of prior leave to proceed in forma pauperis
(c) Effect of denial of motion for leave to proceed in forma
pauperis
(Release: 06/16)
iv
Hawai#i Rules of Appellate Procedure Table of Contents
Rule 25. REGISTRATION, FILING, AND SERVICE
(a) Registration and Filing
(b) Service of all documents required
(c) Manner of service
(d) Proof of conventional service
(e) Acknowledgment of service
(f) Contact information
Rule 26. COMPUTATION AND EXTENSION OF TIME
(a) Computation of time
(b) Extension of time
(c) Additional time after service by mail
(d) Shortening time
(e) Relief from default
Rule 27. MOTIONS
(a) Content of motions; response
(b) Determination of motions for procedural orders
(c) Power of a single judge or justice to entertain motions
(d) Page limits
Rule 28. BRIEFS
(a) Format, service, and page limitation
(b) Opening brief
(c) Answering brief
(d) Reply brief
(e) Briefs on reserved questions
(f) Briefs in original cases
(g) Brief of amicus curiae
(h) Briefs on cross appeal
(i) Reserved
(j) Citation of supplemental authorities
Rule 29. EXTENSIONS OF TIME FOR BRIEFS
(a) By the appellate clerk
(b) By the appellate court
Rule 30. BRIEFS NOT TIMELY FILED OR NOT IN CONFORMITY WITH
THESE RULES
(Release: 06/16)
v
Table of Contents Hawai#i Rules of Appellate Procedure
Rule 31. RESERVED
Rule 32. FORM OF DOCUMENTS
(a) Quality and size of documents
(b) Quality and style of font
(c) Signature on conventionally filed documents
(d) Signature on electronically filed documents
Rule 32.1. NUMBER OF COPIES TO BE SUBMITTED
Rule 33. HAWAI#I APPELLATE MEDIATION PROGRAM AND
APPEAL CONFERENCES
(a) Appellate Mediation
(b) Appellate Conference
Rule 34. ORAL ARGUMENT
(a) In general
(b) Notice of argument; postponement; request for additional
time to argue
(c) Motion for retention of oral argument
(d) Order and content of argument
(e) Cross and separate appeals
(f) Non-appearance of parties
(g) Submission on briefs
(h) No oral argument by party failing to file brief
(i) Use of visual aids at argument; removal
Rule 35. DISPOSITIONS
(a) Class of disposition
(b) Publication
(c) Citation
(1) Dispositions before July 1, 2008
(2) Dispositions on or after July 1, 2008
(d) Copy or access provided by appellate clerk
(e) Terminology
(Release: 06/16)
vi
Hawai#i Rules of Appellate Procedure Table of Contents
Rule 36. ENTRY OF JUDGMENT; PREPARATION, FILING, & SERVICE
OF THE JUDGMENT ON APPEAL; EFFECTIVE DATE OF
JUDGMENT ON APPEAL; SIGNATURES
(a) Entry of judgment
(b) Preparation, filing, and service of the judgment on appeal
(1) Preparation by the court
(2) Service of the judgment
(c) Effective date of intermediate court of appeals’ judgment
(d) Judgment after supreme court review
(1) Upon transfer
(2) Upon acceptance or rejection of application for a writ of
certiorari
(e) Signatures
Rule 37. INTEREST ON JUDGMENTS
Rule 38. DAMAGES AND COSTS FOR FRIVOLOUS APPEALS
Rule 39. COSTS AND ATTORNEY'S FEES
(a) Civil costs; to whom allowed
(b) Costs for and against the State of Hawai#i
(c) Costs defined
(d) Request for fees and costs; objections
Rule 40. MOTION FOR RECONSIDERATION
(a) Time
(b) Contents
(c) Response; reply argument
(d) Disposition of motion
(e) Only one motion permitted
Rule 40.1. APPLICATION FOR WRIT OF CERTIORARI IN THE SUPREME
COURT
(a) Application; when filed; extension of time
(1) Application; time to file
(2) Request extending time; time to file
(3) Timely request; automatic extension; notice
(4) No extension if untimely
(b) Discretion of the supreme court
(c) Denomination of the parties
(d) Contents
(e) Response; form; extension of time; reply
(1) Time to file; form
(Release: 12/17) vviiii
Table of Contents Hawai#i Rules of Appellate Procedure
(2) Request extending time; time to file
(3) Timely request; automatic extension; notice
(4) No extension if untimely
(5) Reply
(f) Oral argument
(g) Determination
(h) No reconsideration of acceptance or rejection of
application for a writ of certiorari
(i) Review by supreme court after acceptance of
application for a writ for certiorari
Rule 40.2. APPLICATION FOR TRANSFER TO THE SUPREME
COURT
(a) Application; when filed
(b) Denomination of the parties
(c) Contents of the application
(d) Response to the application
(e) Oral argument
(f) Determination; no reconsideration; no extensions of time
(g) Effect of application
Rule 40.3. RECONSIDERATION, TRANSFER, OR CERTIORARI
UNNECESSARY FOR EXHAUSTION OF STATE
REMEDIES
Rule 41. STAY OF INTERMEDIATE COURT OF APPEALS
JUDGMENT ON APPEAL
Rule 42. DISMISSAL
(a) Dismissal before the appeal is docketed
(b) Dismissal in the appellate courts
(c) Special requirements for criminal appeals
Rule 43. SUBSTITUTION OF PARTIES
(a) Death of a party
(b) Substitution for other causes
(c) Public officers; death or separation from office
Rule 44. CONSTITUTIONALITY OF STATUTE
Rule 45. DUTIES OF APPELLATE CLERKS
(a) General provisions
(b) The docket; calendar; other records required
(c) Notice of non-final orders
vviiiiii (Release: 12/17)
Hawai#i Rules of Appellate Procedure Table of Contents
(d) Custody of records and documents
(e) Costs and fees to be collected by the appellate clerk
(f) Intermediate court of appeals panels
(1) Merit panel assignment
(2) Merit panel assignment for consolidated appeals
(3) Notice of panel assignment
(4) Designation of lead judge by clerk; when required
(5) Recusal, disqualification, or unavailability
(g) Ex Officio filing
Rule 46. RESERVED
Rule 47. RESERVED
Rule 48. RESERVED
Rule 49. THE COURT
(a) Terms of court
(b) Signing of orders
(c) Acting chief justice
(d) Acting chief judge
(f) through (h) Deleted
Rule 50. WITHDRAWAL, DISCHARGE, OR SUBSTITUTION OF
APPELLATE COUNSEL
(a) Withdrawal
(b) Withdrawal with substitution
(c) Discharge
Rule 51. SANCTIONS
Rule 52. DECLARATION IN LIEU OF AFFIDAVIT
Rule 53. RESERVED
Rule 54. NOTICE OF BANKRUPTCY FILING; RELIEF FROM OR
TERMINATION OF STAY OF PROCEEDINGS BY FEDERAL
DISTRICT OR BANKRUPTCY COURT
(a) Notice of appeal; record on appeal; briefing
(b) Notice
(c) Appellate court action during pendency
(Release: 12/18)
ix
Table of Contents Hawai#i Rules of Appellate Procedure
APPENDIX OF FORMS
Form 1. Notice of Appeal to the Intermediate Court of Appeals
from a Judgment, Order or Decree of a
Circuit/District/Family/Land/Tax Court.
Form 2. Notice of Appeal to the Intermediate Court of Appeals
from a Decision and Order of an Agency, Board,
Commission or Officer.
Form 2a. Notice of Appeal to the Supreme Court from a Decision and Order of
an Agency, Board, Commission or Officer.
Form 3. Notice of Appeal to the Circuit Court from a Decision
and Order of an Agency, Board, Commission or
Officer.
Form 4. Affidavit to Accompany Motion for Leave to Appeal in
Forma Pauperis
Form 5. Reserved.
Form 6. Civil Appeal Docketing Statement
Form 7. Request for Attorney’s Fees and Expenses for Indigent
Representation
Form 7a. Blank Hourly Worksheet (Indigent Representation)
Form 7b. Completed Hourly Worksheet (Indigent Representation)
Form 8. Request for Attorney’s Fees and Expenses for Non-
Indigent Representation
Form 8a. Blank Hourly Worksheet (Non-Indigent Representation)
Form 8b. Completed Hourly Worksheet (Non-Indigent Representation)
Form 9. Request for Transcript(s) of Proceedings
Appendix A Required Number of Copies to be Submitted for Filing
to Hawai#i Appellate Courts
Appendix B Filing Fees
Appendix C Copying Costs
xx (Release: 12/17)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 2.1
Rule 1. SCOPE OF RULES AND TITLE.
(a) Scope of rules. These rules govern all
proceedings in the Hawai#i appellate courts except as
otherwise provided by statute, Rules of the Supreme
Court, or Rules of the Intermediate Court of Appeals.
(b) Rules not to affect jurisdiction. These rules
shall not be considered to extend or limit the
jurisdiction of the Hawai#i appellate courts as
established by law.
(c) Title. These rules shall be known and cited
as the Hawai#i Rules of Appellate Procedure and
abbreviated as HRAP.
(d) Interpretation and enforcement of rules.
These rules shall be read and construed with
reference to each other, the Hawai#i Electronic Filing
and Service Rules, and the Hawai#i Court Records
Rules. Attorneys and pro se parties are deemed to be
aware of, and are expected to comply with, all of the
provisions of these rules.
(e) Effect of Hawai#i Electronic Filing an
Service Rules. Documents filed and notices given i
accordance with the Hawai#i Electronic Filing an
Service Rules shall be deemed to comply with th
filing, mailing, certified mailing, notice and servic
requirements of any part of these Hawai#i Rules o
Appellate Procedure.
d
n
d
e
e
f
(f) Effect of Automation on Processes and
Procedures. Duties set out in these rules may be
performed by automation.
(Amended December 6, 1999, effective January
1, 2000; further amended June 20, 2006, effective
July 1, 2006; further amended August 30, 2010,
effective September 27, 2010.)
Rule 2. SUSPENSION OF RULES.
In the interest of expediting a decision, or for
other good cause shown, either Hawai#i appellate
court may suspend the requirements or provisions of
any of these rules in a particular case on application
of a party or on its own motion and may order
proceedings in accordance with its direction.
(Amended effective January 23, 1995; further
amended December 6, 1999, effective January 1,
2000.)
Rule 2.1. APPLICABILITY OF OTHER
COURT RULES; DEFINITIONS.
(a) Applicability of other court rules. The
Hawai#i Rules of Civil Procedure, the Hawai#i Rules
of Penal Procedure, the District Court Rules of Civil
Procedure, the Rules of Circuit Courts, Hawai# i
Family Court Rules, Rules of the Land Court, Rules
of the Tax Appeal Court, Rules Governing Court
Reporting, the Hawai#i Appellate Conference
Program Rules, and other rules of court that may be
adopted by the supreme court from time to time are
hereby adopted as part of these rules whenever
applicable.
(b) Definitions. As used in the HRAP:
"agency" means every board, commission,
department, council, committee, entity or officer of
the State of Hawai#i or its political subdivisions that
is authorized by law to adjudicate contested cases or
issue declaratory rulings or orders that may be
appealed directly to the Hawai#i appellate courts;
"appeal" includes every proceeding in the
Hawai#i appellate courts other than an original
action;
"appellate clerk" includes any clerk, deputy, or
assistant clerk of the Hawai#i appellate courts;
"appellate court(s)" or "Hawai#i appellate
court(s)" mean(s) the Hawai#i Supreme Court and the
Hawai#i Intermediate Court of Appeals, collectively
and individually, but does not include the land or tax
appeal courts;
"attach" or "append" means to fasten to a
physical document or to submit as a supporting
document in JEFS or JIMS;
"civil appeal" means any appeal from a civil
case;
"civil case" means any proceeding in the land or
tax appeal court, any proceeding before a
governmental agency, and any proceeding in the
family, circuit or district court other than a criminal
case;
"clerk of the court" includes the clerks of each
state trial court and, in appropriate cases, the official
designated by an agency to prepare the record for
appeals;
"docketed" means the record from a court or
agency is filed in the appellate courts;
"document" means pleading, motion, exhibit,
order, judgment, decree, or other form of written
communication or memorialization whether prepared
(Release: 06/16) HRAP--1
Rule 2.1 HAWAI#I RULES OF APPELLATE PROCEDURE
on paper or electronically, including electronic
documents, electronic forms, electronic templates,
and electronic reports;
"file" or "filing" means the submission of
documents either "conventionally" or "electronically"
as defined in the Hawai#i Electronic Filing and
Service Rules;
"intermediate court of appeals" means the
Hawai#i Intermediate Court of Appeals;
"JEFS" means the Judiciary Electronic Filing
System;
"JEFS User" means an individual with a valid
JEFS login and password;
"JIMS" means the Judiciary Information
Management System, the case management system
developed by the Hawai#i Judiciary and implemented
by the Hawai#i Supreme Court to record information
and documents related to all cases filed in the courts
of the State of Hawai#i;
"nominal appellee" means a party who is
designated an appellee because it is the agency or
court from which appeal is taken or because the party
was a party in the court or agency proceeding, but
asserts no interest in the outcome of the appeal;
"party" means named plaintiff, defendant,
petitioner, respondent, claimant, or intervenor in the
court or agency proceeding and anyone who has
standing to seek review of the court or agency order
or judgment; it does not include witnesses;
"proof of service" means a certificate of service,
an acknowledgment of service, a notice of electronic
filing, or an affidavit or declaration attesting to
service;
"serve" and "service" mean "conventional
service" and "notice of electronic filing" as defined
in the Hawai#i Electronic Filing and Service Rules;
"supreme court" means the Hawai#i Supreme
Court.
(Added December 6, 1999, effective January 1,
2000; further amended June 20, 2006, effective July
1, 2006; further amended August 30, 2010, effective
September 27, 2010.)
Rule 3. APPEALS - HOW TAKEN.
(a) Filing the notice of appeal. An appeal
permitted by law from a court or agency shall be
taken by filing a notice of appeal, together with such
fees as are established by statute or these rules, with
the appellate court within the time allowed by Rule
4 of these Rules. As required by Rule 25 of these
Rules and Rules 2.2 and 4.1 of the Hawai#i
Electronic Filing and Service Rules, attorneys who
are registered users of the Judiciary Electronic Filing
System (JEFS) shall electronically file the notice of
appeal with the appellate court through JEFS. A
self-represented party and an attorney who is exempt
from registering as a JEFS User shall conventionally
file the notice of appeal with the clerk of the court or
agency appealed from. Within 7 days after the
conventional filing of the notice of appeal, the clerk
of the court or agency appealed from shall
electronically file the notice of appeal with the
appellate court. If an attorney who is a registered
JEFS User erroneously files the notice of appeal with
the clerk of the court or agency appealed from, or a
notice of appeal that should be conventionally filed
with the clerk of the court or agency appealed from
is mistakenly submitted to the appellate clerk, the
receiving clerk shall note on it the date of receipt and
shall electronically file the notice of appeal with the
appellate court within 7 days. The date of receipt
shall be deemed the date the notice of appeal was
filed with the appellate court. Failure of an appellant
to take any step other than the timely filing of a
notice of appeal does not affect the validity of the
appeal, but is ground only for such action as the
appellate court deems appropriate, which may
include dismissal of the appeal.
(b) Joint or consolidated appeals. If two or
more parties are entitled to appeal from a judgment
or order and their interests are such as to make
joinder practicable, they may file a joint notice of
appeal and thereafter proceed on appeal as a single
appellant. Appeals may be consolidated by order of
either of the Hawai#i appellate courts upon the court's
own motion, upon motion of a party, or upon
stipulation of the parties to the several appeals and
approval by the court.
(c) Content of the notice of appeal.
(1) The notice of appeal shall identify the party
or parties taking the appeal either in the caption or
the body of the notice of appeal. An attorney
HRAP--2 (Release: 12/18)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 3.1
representing more than one party may fulfill this
requirement by describing those parties with such
terms as "all plaintiffs," "the defendants," "plaintiffs
A, B, et al.," or "all defendants except X." In a class
action, whether or not the class has been certified, it
is sufficient for the notice of appeal to name one
person qualified to bring the appeal as representative
of the class. In cases where fictitious titles are
authorized by law, the first and last initials of the
party or parties shall be used. In the event that a case
involves parties bearing the same initials, middle
initials shall be added.
(2) The notice of appeal shall designate the
judgment, order, or part thereof and the court or
agency appealed from. A copy of the judgment or
order shall be attached as an exhibit. Forms 1, 2, and
3 in the Appendix of Forms are suggested forms of
notices of appeal. An appeal shall not be dismissed
for informality of form or title of the notice of appeal.
(d) Denomination of the parties. The party
appealing shall be denominated the appellant and by
the appellant's denomination in the proceeding from
which the appeal is taken so that an appellant shall
be denominated plaintiff-appellant or petitioner-
appellant or defendant-appellant or respondent-
appellant. All other parties shall be denominated
appellees, and each appellee's denomination in the
proceeding from which the appeal is taken shall also
be included so that each appellee shall be
denominated plaintiff-appellee or petitioner-appellee
or defendant-appellee or respondent-appellee. Any
appellee who supports the position of an appellant
shall meet the time schedule for filing documents that
is provided for that appellant.
(e) Service of the notice of appeal.
(1) The appellant shall serve a filed copy of the
notice of appeal on each other party. Proof of service
shall be filed, with the appellate court, within 7 days
after the filing of the notice of appeal.
(2) Additionally, in all actions where the court
appealed from is not required to enter findings of fact
and conclusions of law prior to the entry of an order,
judgment, or decree, but is required to do so once a
notice of appeal is filed, the appellant shall comply
with Rule 10(f) of these Rules.
(f) Payment of fees. If the fees are not paid, the
clerk of the court or agency where the notice of
appeal was filed shall file a notification in the
appellate case forthwith.
(Amended December 6, 1999, effective January
1, 2000; further amended effective January 3, 2000;
further amended October 6, 2003, effective January
1, 2004; further amended June 20, 2006, effective
July 1, 2006; further amended August 30, 2010,
effective September 27, 2010; further amended June
4, 2015, effective July 1, 2015; further amended
September 13, 2018, effective January 1, 2019.)
Rule 3.1. CIVIL APPEAL DOCKETING
STATEMENT.
(a) Cases for which required. Any party who
files a notice of appeal or cross appeal in a civil case
shall also file a Civil Appeal Docketing Statement
(CADS), except that a CADS shall not be filed in any
appeal from, or an original proceeding involving,
(1) a petition for extraordinary relief such as a
petition for a writ of mandamus or the like,
(2) a petition for a writ of habeas corpus,
(3) an appeal or petition in which the appellant or
petitioner is incarcerated and is seeking relief related
to the incarceration,
(4) an appeal or case arising under Rule 40 of the
Hawai#i Rules of Penal Procedure,
(5) questions of law reserved to the Hawai#i
Supreme Court,
(6) revocation of a drivers' license,
(7) a restraining order,
(8) termination of parental rights, or
(9) adjudication of a juvenile as a law violator.
The CADS shall be filed in a form that
substantially conforms to Form 6 of the Hawai#i
Rules of Appellate Procedure.
(b) Time for filing. The CADS shall be filed
with the notice of appeal. The appellate clerk shall
not reject a notice of appeal for which there is no
CADS.
(c) Reserved.
(d) Service of the CADS. Any party who files
a CADS shall serve a copy of it on all other parties.
(e) Relationship to Rules 10 and 11. Upon
notice from the appellate clerk that an appeal has
been accepted into the appellate mediation program,
preparation of transcripts, the record, the statement
of jurisdiction, and briefs shall be stayed pending
further notification from the appellate clerk,
notwithstanding anything to the contrary in Rules 10,
11, and 28 of these Rules. If an appeal is accepted
into the appellate mediation program, the appellate
(Release: 12/18) HRAP--3
Rule 3.1 HAWAI# I RULES OF APPELLATE PROCEDURE
clerk shall notify the parties, the clerk of the court
from which appeal is taken, and the court reporters.
Likewise, the appellate clerk shall notify the parties,
the clerk of the court from which appeal is taken, and
the court reporters if an appeal is returned to the
appeals docket. The appellate clerk's notices may be
transmitted by interoffice mail, United States mail, e-
mail, notice of electronic filing, or facsimile.
(f) Sanctions. Failure to file a CADS may result
in sanctions, including dismissal of the appeal.
(Added March 1, 1995, effective March 15, 1995;
further amended and effective April 25, 1995; further
amended and effective February 26, 1996; further
amended December 6, 1999, effective January 1,
2000; further amended November 17, 2000, effective
January 1, 2001; further amended November 8,
2007, effective January 1, 2008; further amended
August 30, 2010, effective September 27, 2010;
further amended September 7, 2011, effective
January 1, 2012; further amended June 4, 2015,
effective July 1, 2015.)
Rule 4. APPEALS - WHEN TAKEN.
(a) Appeals in civil cases.
(1) T
IME FOR FILING. When a civil appeal is
permitted by law, the notice of appeal shall be filed
within 30 days after entry of the judgment or
appealable order. However, if the notice of appeal is
mailed, the notice of appeal shall be deemed timely
filed if the mailing is postmarked within the time
fixed for filing and is received by the clerk no later
than 5 days after the postmarked date. For the
purposes of calculating other deadlines in these
Rules, the date of filing under this Rule shall be the
date the document is received by the clerk.
A motion for leave to file an interlocutory appeal
from an order of the circuit court must be filed within
30 days of the court’s entry of the order. If such a
motion is filed and granted, then the notice of appeal
shall be filed within 30 days after entry of the circuit
court’s order granting permission for leave to file an
interlocutory appeal.
(2) P
REMATURE FILING OF APPEAL. If a notice of
appeal is filed after announcement of a decision but
before entry of the judgment or order, such notice
shall be considered as filed immediately after the
time the judgment or order becomes final for the
purpose of appeal.
(3) T
IME TO APPEAL AFFECTED BY POST-
JUDGMENT MOTIONS. If any party files a timely
motion for judgment as a matter of law, to amend
findings or make additional findings, for a new trial,
to reconsider, alter or amend the judgment or order,
or for attorney’s fees or costs, and court or agency
rules specify the time by which the motion shall be
filed, then the time for filing the notice of appeal is
extended for all parties until 30 days after entry of an
order disposing of the motion. The presiding court
or agency in which the motion was filed shall dispose
of any such post-judgment motion by entering an
order upon the record within 90 days after the date
the motion was filed. If the court or agency fails to
enter an order on the record, then, within 5 days after
the 90th day, the clerk of the relevant court or agency
shall notify the parties that, by operation of this Rule,
the post-judgment motion is denied and that any
orders entered thereafter shall be a nullity. The time
of appeal shall run from the date of entry of the court
or agency’s order disposing of the post-judgment
motion, if the order is entered within the 90 days, or
from the filing date of the clerk’s notice to the parties
that the post-judgment motion is denied pursuant to
the operation of the Rule.
The notice of appeal shall be deemed to appeal
the disposition of all post-judgment motions that are
timely filed after entry of the judgment or order.
The 90-day period shall be computed as provided
in Rule 26 of these Rules.
(4) E
XTENSIONS OF TIME TO FILE THE NOTICE
OF APPEAL.
(A) Requests for extensions of time before
expiration of the prescribed time. The court or
agency appealed from, upon a showing of good
cause, may extend the time for filing a notice of
appeal upon motion filed within the time prescribed
by subsections (a)(1) through (a)(3) of this Rule.
However, no such extension shall exceed 30 days
past such prescribed time. An extension motion that
is filed before the expiration of the prescribed time
may be ex parte unless the court or agency otherwise
requires.
(B) Requests for extensions of time after
expiration of the prescribed time. The court or
agency appealed from, upon a showing of excusable
neglect, may extend the time for filing the notice of
appeal upon motion filed not later than 30 days after
the expiration of the time prescribed by subsections
HRAP--4 (Release: 12/19)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 4.1
(a)(1) through (a)(3) of this Rule. However, no such
extension shall exceed 30 days past the prescribed
time. Notice of an extension motion filed after the
expiration of the prescribed time shall be given to the
other parties in accordance with the rules of the court
or agency appealed from.
(5) E
NTRY OF JUDGMENT OR ORDER DEFINED.
A judgment or order is entered when it is filed in the
office of the clerk of the court.
(b) Appeals in criminal cases.
(1) T
IME FOR FILING. In a criminal case, the
notice of appeal shall be filed within 30 days after
entry of the judgment or order appealed from.
However, if the notice of appeal is mailed, the notice
of appeal shall be deemed timely filed if the mailing
is postmarked within the time fixed for filing and is
received by the clerk no later than 5 days after the
postmarked date. For the purposes of calculating
other deadlines in these Rules, the date of filing
under this Rule shall be the date the document is
received by the clerk.
A motion for leave to file an interlocutory appeal
from an order of the circuit court must be filed within
30 days of the court’s entry of the order. If such a
motion is filed and granted, then the notice of appeal
shall be filed within 30 days after entry of the circuit
court’s order granting permission for leave to file an
interlocutory appeal.
(2) E
FFECTOF MOTIONS INARREST OF JUDGMENT
OR FOR NEW TRIAL. If a timely motion in arrest of
judgment under Rule 34 of the Hawai#i Rules of
Penal Procedure or for a new trial under Rule 33 of
the Hawai#i Rules of Penal Procedure has been made,
an appeal from a judgment of conviction may be
taken within 30 days after the entry of any order
denying the motion.
(3) E
NTRY OF JUDGMENT OR ORDER DEFINED. A
judgment or order is entered within the meaning of
this subsection when it is filed with the clerk of the
court.
(4) P
REMATURE NOTICE OF APPEAL. A notice of
appeal filed after the announcement of a decision,
sentence or order but before entry of the judgment or
order shall be deemed to have been filed on the date
such judgment or order is entered.
(5) E
XTENSIONS OF TIME TO FILE A NOTICE OF
APPEAL. Upon showing of good cause, the circuit,
district, or family court may, no later than 30 days
after the time has expired, on motion and notice,
extend the time for filing a notice of appeal for a
period not
to exceed 30 days from the expiration of
the time otherwise prescribed by this subdivision (b).
Any such motion that is filed before expiration of the
prescribed time may be ex parte unless the court
otherwise requires.
(Amended July 18, 1984, retroactive to June 1,
1984; further amended October 22, 1985, effective
October 22, 1985; further amended December 6,
1999, effective January 1, 2000; further amended
May 7, 2001, effective July 1, 2001; further amended
June 20, 2006, effective July 1, 2006; further
amended February 19, 2009, effective July 1, 2009;
further amended August 30, 2010, effective
September 27, 2010; further amended December 14,
2011, effective January 1, 2012; further amended
June 4, 2015, effective July 1, 2015; further amended
March 7, 2016, effective July 1, 2016; further
amended September 13, 2018, effective January 1,
2019; further amended July 3, 2019, effective
January 1, 2020.)
Rule 4.1. CROSS-APPEALS.
(a) Right of cross-appeal.
(1) If a timely notice of appeal is filed by a
party, any other party may, if allowed by law, file a
cross-appeal.
(2) In civil cases involving multiple-party
plaintiffs or defendants, if one party files a timely
notice of appeal, any other party, whether on the
same or opposite side as the party first appealing,
may file a notice of cross-appeal.
(3) In criminal cases, the state or the defendant
may file a cross-appeal within the time and under the
circumstances permitted by this rule if the appeal is
otherwise allowed by law.
(b) Manner and time of filing.
(1) A notice of cross-appeal shall be filed within
14 days after the notice of appeal is served on the
cross-appellant, or within the time prescribed for
filing the notice of appeal, whichever is later. Unless
filed electronically, as required by Rule 25 of these
Rules and Rules 2.2 and 4.1 of the Hawai#i
Electronic Filing and Service Rules, the notice of
cross-appeal shall
be submitted to the clerk of court.
If a notice of cross-appeal is mailed, the notice of
cross-appeal shall be deemed timely filed if the
mailing is postmarked within the time fixed for filing
and is received by the clerk no later than 5 days after
(Release: 12/19) HRAP--5
Rule 4.1 HAWAI# I RULES OF APPELLATE PROCEDURE
the postmarked date. For the purposes of calculating
other deadlines in these Rules, the date of filing
under this Rule shall be the date the document is
received by the clerk. Furthermore, if a notice of
cross-appeal is mistakenly submitted to the appellate
clerk, the appellate clerk shall note on it the date of
receipt and shall electronically file the notice of
cross-appeal. The date of the receipt by the appellate
clerk shall be deemed to be the date the notice of
cross-appeal was filed with the clerk of the court. A
notice of cross-appeal filed through JEFS or JIMS is
deemed filed with the clerk of the court appealed
from.
(2) The notice of cross-appeal shall comport
with, and be filed and served in the manner
prescribed by, Rule 3.
(c) Additional requirements. The cross-
appellant shall comply with all rules governing
appeals, except that the cross-appellant is not
required to order a transcript or file a court reporter's
certificate unless the initial appeal is abandoned or
dismissed without the record. Otherwise, the
cross-appeal proceeds in the same manner as an
ordinary appeal.
(d) Abandonment or dismissal of appeal. If the
appellant abandons the initial appeal or the appellate
court dismisses it, the cross-appeal may nevertheless
be prosecuted to its conclusion, if allowed by law.
Within 14 days after the entry of the order dismissing
the initial appeal, if there is a record to be
transcribed, the cross-appellant shall, in accordance
with Rule 10(b), serve on each cross-appellee and file
with the appellate clerk, a request for transcripts of
such parts of the proceedings as the cross-appellant
deems necessary that are not already on file.
(e) Extension of time to file cross-appeal. A
party seeking an extension of time to take a
cross-appeal shall proceed under Rule 4.
(Added December 6, 1999, effective January 1,
2000; further amended August 30, 2010, effective
September 27, 2010; further amended April 26, 2011,
effective nunc pro tunc September 27, 2010; further
amended December 14, 2011, effective January 1,
2012; further amended July 3, 2019, effective
January 1, 2020.)
Rule 5. RESERVED.
Rule 6. RESERVED.
Rule 7. BOND FOR COSTS ON APPEAL IN
CIVIL CASES.
The circuit, district, family,
land, and/
or
tax
appeal
court
may require an appellant to file a bond
or
provide other
security
in such form
and amount
as
it
finds necessary
to ensure payment
of
costs on
appeal
in a civil
case. The provisions of
Rule 8(b)
apply to a surety upon a bond given pursuant
to this
rule.
Rule 8. STA
YS, SUPERSEDE
OR INJUNCTIONS
APPEAL.
AS BONDS,
PENDING
(a) Motions for stay, supersedeas bond or
injunction in the appellate courts. A motion for
stay of the judgment or order in a civil appeal, or for
approval of a supersedeas bond, or for an order
suspending, modifying, restoring, or granting an
injunction during the pendency of an appeal shall
ordinarily be made in the first instance to the court or
agency appealed from.
A motion for such relief on an appeal may be
made to the appellate court before which the appeal
is pending or to a judge thereof, but, if the appeal is
from a court, the motion shall show that application
to the court appealed from for the relief sought is not
practicable, or that the court appealed from has
denied an application, or has failed to afford the
relief the applicant requested, with the reasons given
by the court appealed from for its action. The motion
shall also show the reasons for the relief requested
and the facts relied upon, and, if the facts are subject
to dispute, the motion shall be supported by
affidavits, declarations, or other sworn statements or
copies thereof. With the motion shall be filed such
copies of parts of the record as are relevant. Notice
of the motion shall be given to all parties. The
motion shall be filed with the appellate clerk and
should ordinarily be considered by the appellate
court, but in exceptional cases where such procedure
would be impracticable due to the requirements of
time, the application may be made to and considered
by a single judge or justice of the court. If the motion
for such relief is from an agency, the motion shall
comply with statutory requirements, if any.
(b) Stay may be conditioned upon giving of
bond; proceedings against sureties. Relief
available in the appellate courts under this rule may
be conditioned upon the filing of a bond or other
HRAP--6 (Release: 12/19)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 10
appropriate security in the court or agency appealed
from. If security is given in the form of a bond or
stipulation or other undertaking with one or more
sureties, the bond, stipulation, or undertaking shall
comply with applicable statutes, and each surety
submits to the jurisdiction of the court or agency
appealed from and irrevocably appoints the clerk of
the court as the surety's agent upon whom any
documents affecting liability on the bond or
undertaking may be served. Liability may be
enforced on motion in the court or agency appealed
from without the necessity of an independent action.
The motion and such notice of the motion as the
court or agency prescribes may be served on the clerk
of the court appealed from, who shall forthwith mail
copies to the sureties if their addresses are known.
(c) Stays in criminal cases. Stays in criminal
cases shall be had according to law.
(Amended April 13, 1985, effective April 23,
1985; further amended December 6, 1999, effective
January 1, 2000; further amended August 30, 2010,
effective September 27, 2010.)
Rule 9. RELEASE IN CRIMINAL CASES
PENDING APPEAL.
(a) Appeals or relief from orders respecting
release prior to a judgment of conviction.
(1) An appeal authorized by law from an order
refusing or imposing conditions of release prior to a
judgment of conviction shall be determined promptly.
Upon the entry of an order refusing or imposing
conditions of release, the circuit, district, or family
court shall state in writing the reasons for the action
taken. As soon as practicable after the filing of the
notice of appeal, the appellant shall file a copy of the
court's order with the appellate court. The appeal
shall be heard without the briefs, unless otherwise
ordered by the appellate court upon such documents,
affidavits or declarations, transcripts, and copies of
portions of the record as the parties may present or
the appellate court may require. Any documents filed
in accordance with this rule shall be served on all
other parties. The appellate court that has jurisdiction
over the case or a judge or justice thereof may order
the release of the appellant pending the appeal.
(2) Review of orders respecting release prior to
a judgment
of
conviction may
be obtained by
application for
an extraordinary
writ
pursuant
to Rule
21. An application for
a
writ
of
habeas corpus shall
conform to statute. The appellate court that has
jurisdiction over the case or a judge or justice thereof
may order the release of the applicant pending the
disposition of the application for the extraordinary
writ.
(b) Release pending appeal from a judgment
of conviction. Application for release after a
judgment of conviction shall be made in the first
instance in the circuit, district, or family court. If the
court refuses release pending appeal, or imposes
conditions of release, the court shall state in writing
the reasons for the action taken. Thereafter, if an
appeal is pending, a motion for release, or for
modification of the conditions of release, pending a
review may be made to the appellate court before
which the appeal is pending or to a judge or justice
thereof. The application shall be made by filing a
written motion with proof of service on all other
parties. It shall be determined promptly upon such
documents, affidavits or declarations, transcripts, and
copies of portions of the record as the parties shall
present or the appellate court may require. Any
documents filed in accordance with this rule shall be
served on all other parties. The appellate court that
has jurisdiction over the case or a judge or justice
thereof may order the release of the appellant
pending disposition of the motion.
(c) Criteria for release. The decision as to
release shall be made according to statute.
(Amended December 6, 1999, effective January
1, 2000; further amended October 6, 2003, effective
January 1, 2004; further amended August 30, 2010,
effective September 27, 2010.)
Rule 10. THE RECORD ON APPEAL.
(a) Composition of the record on appeal. The
record on appeal shall consist of the trial court or
ADLRO record, as set out in Rule 4 of the Hawai#i
Court Records Rules, or the agency record as defined
by statut
es or rules governing agency proceedings.
(b) The transcript of
court proceedings.
(1) R
EQUEST TO PREPARE TRANSCRIPT.
(A) When to request. When an appellant desires
to raise any point on appeal that requires
consideration of the oral proceedings before the court
appealed from, the appellant shall file with the
appellate clerk, within 10 days after filing the notice
of appeal, a request or requests to prepare a reporter's
transcript of such parts of the proceedings as the
(Release: 12/19) HRAP--7
Rule 10 HAWAI#I RULES OF APPELLATE PROCEDURE
appellant deems necessary that are not already on file
in the appeal. A request for transcripts of audiotapes
or videotapes may list more than one tape on the
request. The appellant shall transmit the request(s) to
prepare transcript to the designated reporter(s) and
the supervising court reporter, and shall demonstrate
in the record that transmission was accomplished
either by the automated JEFS notice of electronic
filing or certificate of service.
(B) Form of request. Each request shall be
submitted on a form that substantially complies with
Form 9 of the Appendix of Forms and shall contain
the following information:
(i) Name of the judge who or agency that heard
the proceedings;
(ii) Name of the reporter who will be required to
prepare a transcript pursuant to the request, or if the
proceedings were recorded by audio or video
recording equipment, the name of the supervising
court reporter, or if there is no supervising court
reporter, the name of the administrator for the court
or agency from which the appeal is being taken;
(iii) Date or dates of the trial or hearing to be
transcribed; and
(iv) Portions of the transcript requested.
Unless the requestor is statutorily exempt from
the transcript prepayment or deposit requirement,
each request shall be accompanied by either a
certificate by the reporter being required to prepare
a transcript that the reporter has been paid or has
waived prepayment; or a declaration that the party
ordering the transcript has submitted to the court
reporter a deposit of the approximate cost of the
transcript fees, as computed by the reporter in
advance in writing at the rate established by the
Rules Governing Court Reporting in the State of
Hawai#i; or a declaration that the party ordering the
transcript has submitted to the court reporter a
deposit of the approximate cost of the transcript fees,
as computed in advance in writing, at the rate of $150
for each hour of proceedings to be transcribed.
(C) Payment or Deposit for Transcript. Unless
the requestor is exempt from the transcript payment
or deposit requirement or the reporter has waived
such requirement, a reporter need not commence
preparation of the transcript until the required deposit
or transcript prepayment has been made to the court
reporter. If the requestor files a request for transcript
without prepaying the transcript fees, making the
required deposit, or obtaining the reporter's waiver of
prepayment or deposit, the reporter shall, within 11
days from the date of the filing of the request for
transcripts, file a notification with the appellate clerk
that prepayment, deposit, or waiver of prepayment or
deposit for the transcripts was not made. A copy of
the notice shall also be served on the requestor.
(D) Service required. The requestor shall serve
a filed copy of the request for transcripts and its
accompanying documents on all other parties.
(E) Expected completion date; time limitations.
Upon receipt of a request for a transcript, the reporter
shall acknowledge the date of receipt on the request,
indicate the expected completion date on the request,
and then electronically file a copy of the
acknowledged request in the appellate record and
shall serve a copy on all parties. If the transcript
cannot be completed within 45 days after the filing of
the notice of appeal, the reporter shall notify all
parties of the new date on which the transcript is
expected to be completed, provided that the
transcript shall be completed within 60 days after the
filing of the notice of appeal, unless the reporter
obtains an additional extension of time from the
appellate court. Any such additional extension shall
be granted upon demonstration by the court reporter
that good cause for the extension exists. In the event
of the failure of the reporter to file the transcript
within the time allowed, the appellate court may take
appropriate action, including the levying of a
sanction against the court reporter.
(F) Inadequate payment or deposit. If, upon
receiving a request for a transcript, the reporter
determines that the prepaid fees or the amounts
deposited by the requestor with the court reporter are
inadequate to cover the cost of the transcript, the
reporter shall, within 10 days after receiving the
request, file with the appellate clerk and serve upon
the requestor an estimate or revised estimate of the
total cost of the transcript and a notice of the
additional amount required to be paid or deposited
with the court reporter. The requestor shall pay the
reporter and shall file a reporter's certificate of
payment with the appellate clerk within 10 days after
service of the reporter's notice. The reporter shall
continue to work on the transcript until the prepaid
fees or initial deposit are earned or until the
expiration of the time allowed to make the additional
payment or deposit.
HRAP--8 (Release: 12/19)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 10
(G) Filing the Transcript in the Appellate Case.
Upon completion of each transcript and receipt of
payment, the court reporter shall file the transcript
through JEFS or JIMS, designate the document as the
"Transcript of proceedings held on <date>" and enter
the date of the transcribed proceeding in the Notes
field for the corresponding JEFS or JIMS docket
entry.
(H) Cancellation of request for transcripts. If,
after a request to prepare a reporter’s transcript has
been filed but before the court reporter has begun
preparation of the transcript, the requesting party
decides the transcript is not necessary for the appeal,
a written cancellation request, containing the same
information as required by subsection (b)(1)(B) of
this Rule 10, shall be filed with the appellate clerk
and served on all parties. If, within 10 days after
service of the request, a party deems the cancelled
transcript necessary, the party may, within the
following 10 days either order the cancelled
transcript or, in the case the appellant has filed the
cancellation request, move the appellate court for an
order requiring the appellant to withdraw the
cancellation request.
(2) CERTIFICATE THAT NO TRANSCRIPTS TO BE
PREPARED. If the appellant deems it unnecessary to
have transcripts prepared, the appellant shall, within
10 days after filing the notice of appeal, file a
certificate to that effect with the appellate clerk and
serve a copy of the certificate on each appellee.
(3) DUTY OF APPELLANT IN INSUFFICIENCY OF
THE EVIDENCE APPEALS. If the appellant intends to
urge on appeal that a finding or conclusion is
unsupported by the evidence or is contrary to the
evidence, the appellant shall include in the record a
transcript of all evidence relevant to such finding or
conclusion.
(4) NOTICE TO APPELLEE IF FEWER THAN ALL
TRANSCRIPTS ARE ORDERED. Unless transcripts of all
oral proceedings have been ordered, the appellant
shall, within the 10-day time provided in (b)(1)(A) of
this Rule 10, file a statement of the points of error the
appellant intends to present on the appeal and shall
serve on the appellee a copy of the statement. If,
within 10 days after service of the statement, the
appellee deems a transcript of other parts of the
proceedings to be necessary, the appellee shall file
and serve on the appellant a designation of additional
parts to be prepared and included in the record on
appeal. Unless within 10 days after service of such
designation the appellant has ordered such parts and
has so notified the appellee, the appellee may within
the following 10 days either order the parts or move
in the appellate court for an order requiring the
appellant to do so.
(c) Statement of the evidence of proceedings
when no report made or when transcript
unavailable. If the reporter refuses, becomes unable,
or fails to transcribe all or any portion of the
evidence or oral proceedings after proper request, the
party may (i) request that transcription of the
reporter's notes be submitted to another reporter for
transcription where feasible; or (ii) prepare a
statement of the evidence or proceedings from the
best available means, including the party's
recollection or uncertified transcripts or reporter's
notes. The statement shall be served on the opposing
party(ies), who may serve objections or propose
amendments thereto within 10 days after service.
Thereupon the statement and any objections or
proposed amendments shall be submitted to the court
or agency appealed from for settlement and approval
and as settled and approved shall be included by the
clerk of the court appealed from in the record on
appeal.
(d) Agreed statement as the record on appeal.
In lieu of the record on appeal as defined in
subsection (a) of this Rule, the parties may prepare
and sign a statement of the case showing how the
issues presented by the appeal arose and were
decided in the court or agency appealed from and
setting forth only so many of the facts averred and
proved or sought to be proved as are essential to a
decision of the issues presented. The statement,
together with such additions, deletions, and
modifications as the court or agency may consider
necessary to truthfully and fully present the issues
raised by the appeal, shall be approved by the court
or agency appealed from and shall then be certified
as the record on appeal and electronically filed by the
clerk of the court appealed from within the time
provided by Rule 11 of these Rules. The statement
shall contain a copy of the judgment or appealable
order with its filing date. The statement shall be
accompanied by a list of such exhibits admitted in
evidence or rejected as the parties desire to have
transmitted on appeal.
(Release: 06/16) HRAP--9
Rule 10 HAWAI#I RULES OF APPELLATE PROCEDURE
(e) Correction or modification of the record.
(1) If any differences arise as to whether the
record truly discloses what occurred in the court or
agency appealed from, the differences shall be
submitted to and settled by that court or agency and
the record made to conform to the truth.
(2) If anything material to any party is omitted
from the record by error or accident or is misstated
therein, corrections or modifications may be as
follows:
(A) by the stipulation of the parties; or
(B) by the court or agency appealed from, either
before or after the record is transmitted; or
(C) by direction of the appellate court before
which the case is pending, on proper suggestion or its
own initiative.
(3) All other questions as to the form and
contents of the record shall be presented to the
appellate court before which the case is pending.
(f) Request for findings of fact and conclusions
of law. In all actions where the court appealed from
is not required to enter findings of fact and
conclusions of law prior to the entry of an order,
judgment, or decree, but is required to do so once a
notice of appeal is filed, the appellant shall, no later
than 10 days after filing the notice of appeal, file in
the court appealed from a request for entry of
findings of fact and conclusions of law, naming the
judge who tried the action and entered the order,
judgment, or decree being appealed. The appellant
shall attach a filed copy of the notice of appeal to the
request. The named judge shall enter the requested
findings of fact and conclusions of law within 28
days after the request has been filed. To aid the court,
the court may order the parties or either of them to
submit proposed findings of fact and conclusions of
law after the filing of the request. Upon showing of
good cause, the appellate court may, on motion and
notice made by the clerk of the court or a party,
extend the time to file findings of fact and
conclusions of law.
(Amended December 6, 1999, effective January
1, 2000; further amended May 7, 2001, effective July
1, 2001; further amended October 6, 2003, effective
January 1, 2004; further amended June 20, 2006,
effective July 1, 2006; further amended July 11,
2006, effective July 11, 2006; further amended
October 28, 2008, effective January 1, 2009; further
amended August 30, 2010, effective September 27,
2010; further amended November 8, 2010, effective
November 8, 2010; further amended July 15, 2011,
effective July 15, 2011; further amended December
14, 2011, effective January 1, 2012; further amended
June 22, 2012, effective September 1, 2012; further
amended April 12, 2016, effective July 1, 2016.)
Rule 11. TRANSMISSION OF TH E
RECORD.
(a) Duty of appellant. After the filing of the
notice of appeal, the appellant, or in the event more
than one appeal is taken, each appellant, shall
comply with the applicable provisions of Rule 10 of
these Rules and shall take any other action necessary
to enable the clerk of the court or agency appealed
from to assemble and transmit the record. It is the
responsibility of each appellant to provide a record,
as defined in Rule 10 of these Rules and the Hawai#i
Court Records Rules, that is sufficient to review the
points asserted and to pursue appropriate proceedings
in the court or agency appealed from to correct any
omission.
(b) Duty of the Clerk of the Court or Agency.
(1) Unless otherwise provided, the clerk of the
court or agency appealed from shall, within 60 days
after the filing of the notice of appeal, assemble,
certify, and electronically file an imaged index to the
record on appeal and imaged copies of each
document filed in the record. The record on appeal
shall include a flyleaf with a 3-inch top margin that
notes, beginning at the top, the appellate court case
number, the title of the appellate court and the cause
in full, the case number in the trial court, ADLRO, or
agency proceedings, the judgment or order on appeal,
the names of all judges or hearing officers who have
participated in the case or matter, the names of all
parties to the case or matter since the case or matter
was initiated, and any name or names, telephone
numbers, physical and electronic mail addresses of
unrepresented parties and the attorney or attorneys
representing each party. The documents in the
record on appeal shall be assembled sequentially by
filing date. When all documents in the record on
appeal, other than exhibits, are available in JIMS, the
clerk of the court or agency appealed from need not
transmit the physical or imaged documents, but shall
file a notification with the appellate clerk that the
documents are available in JIMS. If a complete
record cannot be transmitted within such a period,
HRAP--10 (Release: 06/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 11
the appellate court, for good cause, may extend the
time upon stipulation or motion, provided that an
imaged copy of any findings of fact and conclusions
of law entered after the record on appeal has been
transmitted to the appellate clerk shall be
electronically filed by the clerk of the court or agency
appealed from without further order of the appellate
court.
(2) If the notice of appeal is filed without
payment of the required fees and the appellant has
not obtained an order allowing the appellant to
proceed in forma pauperis, the clerk of the court or
agency appealed from shall not be required to prepare
the record on appeal until the required fees are
received or an order allowing the party to proceed in
forma pauperis is obtained.
(3) An imaged record shall provide a bookmark
for access to each document or transcript. If any
documents, exhibits, and transcripts filed in the court
or agency appealed from are not mentioned in the
numbered index, the clerk of the court or agency
appealed from shall provide an additional
bookmarked index identifying each of them with
reasonable definiteness. Physical exhibits other than
documents, and such other parts of the record shall
not be transmitted by the clerk of the court or agency
appealed from unless he or she is directed to do so by
appellate court order.
(4) If a document sealed or designated in camera
by law or otherwise accorded confidential treatment
by law or order of the court or agency appealed from
is part of the record on appeal, the sealed or in
camera document must remain sealed or in camera
unless the appellate court orders otherwise. An
appellate court may unseal a document on application
of any party, person or entity, or on its own motion
with notice to the parties. Sealed or in camera
documents filed in an appellate court must be filed
separate from the rest of the record on appeal and
appropriately designated as sealed or in camera. A
record filed publicly in the court or agency appealed
from and not ordered sealed by that court or agency
must not be filed under seal or in camera in the
appellate court.
(c) Duty of the Appellate Clerk.
(1) Upon filing of the flyleaf and index to the
record on appeal, the appellate clerk shall serve
notice upon all parties to the appeal of such filing. If
a flyleaf or index is claimed to be in error, the party
claiming error shall pursue appropriate proceedings
in the court or agency appealed from to correct it.
(2) When the flyleaf and index to the record on
appeal is not filed within the time required, the
appellate clerk shall give notice to the appellant that
the matter will be called to the attention of the
appellate court on a day certain for such action as the
appellate court deems proper, including dismissal of
the appeal.
(d) Record for motions for intermediate
orders in the appellate courts. If any party desires
to make a motion for any intermediate order in the
appellate courts, before the record is transmitted, the
clerk of the court or agency appealed from shall
electronically transmit to the appellate clerk images
of such parts of the original record as any party shall
request and designate in writing.
This Rule applies to all motions for intermediate
orders including motions for dismissal, for release,
for a stay pending appeal, for injunctive relief, or for
additional security on the bond on appeal or a
supersedeas bond.
(Amended December 18, 1985, effective
December 18, 1985; further amended January 22,
1987, effective February 1, 1987; further amended
January 26, 1987, effective January 26, 1987;
further amended June 7, 1994, effective June 7,
1994; further amended December 6, 1999, effective
January 1, 2000; further amended May 7, 2001,
effective July 1, 2001; further amended October 6,
2003, effective January 1, 2004; further amended
June 20, 2006, effective July 1, 2006; further
amended August 30, 2010, effective September 27,
2010; further amended February 17, 2016, effective
July 1, 2016.)
(Release: 06/16) HRAP--11
Rule 12 HAWAI#I RULES OF APPELLATE PROCEDURE
Rule 12. RECEIPT OF THE NOTICE OF
APPEAL; FILING OF RECORD.
(a) Receipt of the notice of appeal. Upon
receipt of the notice of appeal, a case number shall be
systematically assigned to the case. Except as
provided below, an appeal shall be listed with the
appellate courts under the title given to the action in
the court or agency appealed from with the appellant
identified as such, but if such title does not contain
the name of the appellant, his or her name, identified
as the appellant, shall be added to the title. In
juvenile and paternity proceedings and whenever
otherwise required by law, the anonymity of the
persons or parties involved shall be maintained by the
use of fictitious titles and designations as provided by
Rule 3(c)(1).
(b) Filing the record, partial record, or
notification. The appeal is docketed with the
Hawai#i appellate courts on the date of filing of the
record, a partial record or upon the clerk of the
court’s notification the record on appeal (other than
exhibits) is available in JIMS.
(Amended December 6, 1999, effective January
1, 2000; further amended June 20, 2006, effective
July 1, 2006; further amended August 30, 2010,
effective September 27, 2010.)
Rule 12.1. STATEMENT OF JURISDICTION.
(a) Filing. Within 10 days after the record on
appeal is filed each appellant and cross-appellant
shall file a statement of jurisdiction. Any appellee
contesting jurisdiction may file a statement
contesting jurisdiction within the same period.
(b) Length. The statement shall not exceed 10
pages in length exclusive of title page(s), indexes,
and the certificate of service.
(c) Content. The statement of jurisdiction shall
show the specific statutory or other grounds upon
which the jurisdiction of the Hawai#i appellate courts
is invoked. The statement shall include, with
references to the record on appeal, (i) relevant
procedural facts establishing jurisdiction and (ii)
relevant filing dates establishing the timeliness of the
appeal.
(1) CIVIL. In a civil case involving multiple
claims or multiple parties, the statement shall
specifically set out, with dates and references to the
record on appeal, (i) how each claim against each
party was resolved or (ii) whether the appealed order
or judgment was certified for appeal.
(2) CRIMINAL. In a criminal case, the statement
shall identify the offense(s) involved in the appeal by
statutory section and name, any sentence imposed,
and the defendant's custody status in the case on
appeal.
(d) Attachment. A copy of the order or
judgment shall be attached to the statement.
(e) Sanctions. Failure to file a statement of
jurisdiction may result in sanctions, including
dismissal of the appeal following notice and a
meaningful opportunity to be heard.
(Added November 10, 1993, effective December
15, 1993; amended December 6, 1999, effective
January 1, 2000; further amended February 17,
2016, effective July 1, 2016.)
Rule 13. CERTIFICATION OF QUESTION
OF HAWAI# I LAW BY FEDERAL
COURTS.
(a) When certified. When a federal district or
appellate court certifies to the Hawai#i Supreme
Court that there is involved in any proceeding before
it a question concerning the law of Hawai#i that is
determinative of the cause and that there is no clear
controlling precedent in the Hawai#i judicial
decisions, the Hawai#i Supreme Court may answer
the certified question by written opinion.
(b) Contents of certificate. The certificate
provided for herein shall contain the title of the
Hawai#i Supreme Court and the title of the cause in
full, and to the right thereof the words "Certified
Question" and the name of the court submitting or
approving the submission of the question. The
certificate shall also contain a statement of prior
proceedings in the case, a statement of facts showing
the nature of the cause, the question of law to be
answered, and the circumstances out of which the
question arises.
(c) Preparation of certificate. The certificate
may be prepared by stipulation or as directed by such
federal court. When prepared and signed by the
presiding judge of such federal court, it shall be
certified to the Hawai#i Supreme Court by the clerk
of the federal court and under its official seal. The
Hawai#i Supreme Court may, in its discretion, require
original or copies of all or any portion of the record
before the federal court to be filed with the
certificate.
HRAP--12 (Release: 06/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 21
(d) Briefs. Briefs conforming to the Hawai#i
Rules of Appellate Procedure shall be filed by the
parties as ordered by the court.
(e) Deleted.
(Amended June 9, 1986, effective June 9, 1986;
further amended December 6, 1999, effective
January 1, 2000.)
Rule 14. RESERVED.
Rule 15. RESERVED QUESTIONS.
(a) From what court. A circuit court, the land
court, the tax appeal court and any other court
empowered by statute, may reserve for the
consideration of the supreme court a question of law
arising in any proceedings before it. Questions may
be reserved on motion of any party or on the court's
own motion. Reserved questions shall be
electronically filed by the clerk of the court.
(b) Record. The court reserving the question
shall electronically transmit images of as much of the
record as may be necessary to a full understanding of
the questions reserved to the appellate clerk.
(c) Disposition. The supreme court may, in its
discretion, return any reserved question for decision
in the first instance by the court reserving it.
(Amended December 6, 1999, effective January
1, 2000; further amended June 20, 2006, effective
July 1, 2006; further amended August 30, 2010,
effective September 27, 2010.)
Rule 16. P L E A D I N G S I N O R I GI NA L
AC T I O N S FI L E D IN TH E
SUPREME COURT.
All pleadings in applications for writs or other
relief, filed originally in the supreme court, shall
conform to the requirements of Hawai#i Rules of
Civil Procedure 7 through 15.
(Amended December 6, 1999, effective January
1, 2000.)
Rule 17. ORIGINAL PROCEEDINGS.
Original actions, including applications for writs
or other relief, shall conform to the requirements of
any applicable statutes and to such orders as may be
entered by the supreme court.
(Amended December 6, 1999, effective January
1, 2000; further amended June 20, 2006, effective
July 1, 2006.)
Rule 18. AGREED FACTS; SUBMISSION
ON.
(a) Submission. As authorized by law, the
parties to a dispute that might be the subject of a civil
action or proceeding in any court or agency may,
without the action of a trial court or agency, agree to
submit a case directly to the intermediate court of
appeals upon a statement containing the facts upon
which the controversy depends, a statement of the
question or issues, the contentions of the parties as to
each issue, and the form of judgment that each party
requests the intermediate court of appeals to render.
(b) Good faith. It must be shown by affidavit or
declaration that the controversy is real and that the
proceedings are a good faith effort to determine the
rights of the parties.
(c) Disposition. The appellate court may refuse
to entertain a case submitted on agreed facts. If the
appellate court entertains the case, the judgment
rendered thereon shall be entered and may be
enforced as in other cases, subject to the right of a
party to move for reconsideration or, if the case is
decided in the intermediate court of appeals, apply
for a writ of certiorari.
(Added December 6, 1999, effective January 1,
2000; further amended June 20, 2006, effective July
1, 2006.)
Rule 19. RESERVED.
Rule 20. RESERVED.
Rule 21. WRITS OF MANDAMUS OR
PROHIBITION DIRECTED TO A
JUDGE; WRITS OF MANDAMUS
DIRECTED TO A PUB LIC
O F F I C E R ; O T H E R
EXTRAORDINARY WRITS.
(a) Writs of mandamus or prohibition
directed to a judge. Application for a writ directed
to a judge shall be made by filing a petition with the
appellate clerk with proof of service on the
respondent judge, all parties to the action in the trial
court, and the attorney general. The petition shall
contain: (i) a statement of facts necessary to an
understanding of the issues presented; (ii) a
statement of issues presented and of the relief sought;
and (iii) a statement of reasons for issuing the writ.
(Release: 06/16) HRAP--13
Rule 21 HAWAI#I RULES OF APPELLATE PROCEDURE
Copies of any order or opinions or parts of the
record that may be essential to an understanding of
the matters set forth in the petition shall be attached
to the petition.
Upon receipt of the prescribed filing fee, the
appellate clerk shall docket the petition and submit it
to the supreme court for determination as to whether
the writ will be entertained.
(b) Writs of mandamus directed to a public
officer. An application for a writ of mandamus
directed to a public officer shall be made by filing a
petition with the appellate clerk with proof of service
on the officer and the attorney general or the chief
legal officer of the county, as applicable. The petition
shall conform to the requirements of subsection (a) of
this rule. Upon receipt of the prescribed filing fee,
the appellate clerk shall docket the petition and
submit it to the supreme court for a determination as
to whether the petition will be entertained. If the
court elects to entertain the petition, it will be
handled in the same manner as a petition under
subsection (a) of this rule.
(c) Denial; order directing answer. If the court
is of the opinion that the writ should not be
entertained, it shall deny the petition. Otherwise, it
shall order that an answer to the petition be filed by
the respondents within the time fixed by the order.
The order shall be served by the appellate clerk on
the respondents and the attorney general or the chief
legal officer of the applicable county and, in the case
of a writ directed to a judge, on all other parties to
the action in the trial court. All parties other than the
petitioners shall be deemed respondents for all
purposes. Two or more respondents may answer
jointly. If the judge named respondent does not desire
to appear in a proceeding, the judge may advise the
appellate clerk and all parties by letter, but the
petition shall not thereby be taken as admitted. The
appellate clerk shall advise the parties, the attorney
general, or the chief legal officer of the applicable
county of the dates on which any required briefs are
to be filed and of the date of any oral argument. The
proceeding shall be given preference over ordinary
civil cases.
(d) Habeas corpus proceedings. Habeas corpus
proceedings before the Hawai#i Supreme Court shall
be governed by and conform to statute.
(e) Other extraordinary writs. Application for
other extraordinary writs may be made by petition
filed with the appellate clerk in conformity with
subsection (a) of this rule. Proceedings on such
application shall conform, so far as is practicable, to
the procedures prescribed in subsections (a), (b) and
(c) of this rule.
(Amended December 6, 1999, effective January
1, 2000; further amended June 20, 2006, effective
July 1, 2006; further amended August 30, 2010,
effective September 27, 2010.)
Rule 22. RESERVED.
Rule 23. CUSTODY OF PRISONERS IN
HABEAS CORPUS PROCEEDINGS.
(a) Transfer of custody. Pending disposition of
any habeas corpus proceeding commenced pursuant
to statute, before the supreme court or a justice
thereof for the release of a prisoner, a person having
custody of the prisoner shall not transfer custody to
another unless such transfer is directed in accordance
with the provisions of this rule. Upon application of
a custodian showing any need therefor, the supreme
court or a justice thereof may make an order
authorizing transfer and providing for the
substitution of the successor custodian as a party.
(b) Detention or release of prisoner pending
disposition of application for habeas corpus.
Pending a disposition of an application for habeas
corpus pursuant to statute, the prisoner may be
detained in the custody from which release is sought,
or in other appropriate custody, or may be released
upon the prisoner's own recognizance, with or
without surety, as may appear fitting to the supreme
court or the justice to which or to whom the
application is made.
(c) Modification of initial order respecting
custody. Unless modified by the supreme court or
the justice to which or to whom the application is
made, the initial order respecting the custody or
release of the prisoner and any recognizance or
surety taken shall govern pending disposition of the
application.
(Amended December 6, 1999, effective January
1, 2000; further amended June 20, 2006, effective
July 1, 2006.)
HRAP--14 (Release: 06/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 25
Rule 24. P R O C E E D I N G S I N F O R M A
PAUPERIS.
(a) Leave to proceed on appeal in forma
pauperis from the circuit, district, family, land,
environmental, or tax appeal court or from an
agency determination to the Hawai#i appellate
courts. A motion for leave to proceed on appeal in
forma pauperis from the circuit, district, family, land,
environmental, or tax appeal court, or from an agency
determination, shall ordinarily be made in the first
instance to the court or agency appealed from.
A party to an action in the circuit, district, family,
land, environmental, or tax appeal court, or before an
administrative agency who desires to proceed on
appeal in forma pauperis may file in the appellate
court a motion for leave to so proceed. The motion
shall be accompanied by an affidavit or declaration,
showing, in the detail prescribed by Form 4 of the
Appendix of Forms, the party's inability to pay the
required filing fees or to give security for costs, the
party's belief that he or she is entitled to redress, and
a statement of the issues that the party intends to
present on appeal. If the appeal is from a court, the
motion shall show that application to the court
appealed from for the relief sought is not practicable,
or that the court appealed from has denied an
application, or has failed to afford the requested
relief, with the reasons given by the court appealed
from for its action. A party who has filed such a
motion may file his or her notice of appeal without
being required to prepay the filing fees. If the motion
is granted, the party may proceed with the appeal
without prepayment of fees or costs or the giving of
security therefor.
(b) Effect of prior leave to proceed in forma
pauperis. Notwithstanding the provisions of the
preceding paragraph, a party who has been permitted
to proceed in an action in a court or agency in forma
pauperis, or who has been permitted to proceed as
one who is financially unable to obtain adequate
defense in a criminal case, may proceed on appeal in
the same action in forma pauperis without further
authorization unless, before or after the notice of
appeal is filed, the court or agency shall certify that
the appeal is not taken in good faith or shall find that
the party is otherwise not entitled so to proceed, in
which event the court or agency shall state in writing
the reasons for such certification or finding.
(c) Effect of denial of motion for leave to
proceed in forma pauperis. If the motion to proceed
in forma pauperis is denied the movant shall, within
10 days after the denial of such a motion, pay all
unpaid filing fees and shall give security for costs.
Failure of the unsuccessful movant to pay the unpaid
filing fees or to give security for costs shall not affect
the validity of the appeal, but is ground for such
action as the appellate court having jurisdiction over
the appeal deems appropriate, and may include
dismissal of the appeal.
(Amended December 6, 1999, effective January
1, 2000; further amended October 6, 2003, effective
January 1, 2004; further amended June 20, 2006,
effective July 1, 2006; further amended August 30,
2010, effective September 27, 2010; further amended
December 21, 2015, effective January 1, 2016.)
Rule 25. REGISTRATION, FILING, AND
SERVICE.
(a) Registration and Filing. Unless excused by
order of the supreme court or the intermediate court
of appeals, each attorney who represents a party
before the appellate courts shall register as a JEFS
User and file all documents through JEFS. A self-
represented party may register as a JEFS User for the
self-represented party’s case. A party who is not a
JEFS User shall submit documents to the appellate
clerk or to an ex officio clerk. Physical documents
may be submitted by conventional mail addressed to
the appellate clerk, but filing shall not be considered
timely unless the documents are received by the clerk
within the time fixed for filing, except that briefs and
appendices shall be deemed filed on the day of
mailing if mailed by First Class Mail or other class of
mail that is at least as expeditious, postage prepaid.
If a motion requests relief that may be granted by a
single judge or justice, the judge or justice may
permit the motion to be filed and shall note thereon
the date of filing and shall thereafter transmit it to the
appellate clerk.
(b) Service of all documents required. Copies
of all documents filed by any party shall, at or before
the time of filing, be served by a party or person
acting for that party on all other parties to the
proceedings. Service on a party represented by
counsel shall be made on counsel.
(Release: 06/16) HRAP--15
Rule 25 HAWAI#I RULES OF APPELLATE PROCEDURE
(c) Manner of service. Service may be personal,
by conventional mail, or by notice of electronic filing
in accordance with the Hawai#i Electronic Filing and
Service Rules. Personal service includes delivery of
the copy to a responsible person at the office of
counsel. Service by conventional mail is complete on
mailing if mailed in the manner provided in
subsection (a) above. Electronic service is complete
upon issuance of the notice of electronic filing by
JEFS or JIMS.
(d) Proof of conventional service. Documents
presented to the appellate clerk or an ex officio clerk
for filing shall contain an acknowledgment of service
by the person served or proof of service in the form
of a statement of the date, the manner of service, and
of the name of the person served, certified by the
person who made service. Proof of service may
appear on or be affixed to the documents filed.
Where computation of the time for a response to a
conventionally served document begins with the
filing date of that document, a filed copy of the
document shall also be conventionally served upon
all other parties promptly after filing.
(e) Acknowledgment of service. The party
served may file, within 5 days after receiving service,
an acknowledgment of service setting forth the date
and manner of service where the date of service
differs from the date contained in the proof of service
attached to the documents conventionally filed.
(f) Contact information. Each attorney who
represents a party before the appellate courts and
each self-represented party shall, within 10 days of
any change in mailing or business address, telephone
number, or electronic mail address, file notice of the
change with the appellate clerk and, if a registered
JEFS User, update his or her JEFS User account
information.
(Amended December 6, 1999, effective January
1, 2000; further amended June 20, 2006, effective
July 1, 2006; further amended August 30, 2010,
effective September 27, 2010; further amended June
4, 2015, effective July 1, 2015.)
Rule 26. COMPUTATION AND EXTENSION
OF TIME.
(a) Computation of time. In computing any
period of time prescribed by these rules, an order of
court, or any applicable statute, the day of the act,
event, or default from which the designated period of
time begins to run shall not be included. The last day
of the period shall be included, unless it is a
Saturday, Sunday, or a legal holiday, in which event
the period extends until the end of the next day that
is not a Saturday, a Sunday, or a legal holiday. When
the period of time prescribed or allowed is less than
7 days, any intervening Saturday, Sunday, or legal
holiday shall be excluded in the computation.
(b) Extension of time. The Hawai#i appellate
courts, or any judge or justice thereof, for good cause
shown upon motion may extend the time prescribed
by these rules for doing any act, or may permit an act
to be done after the expiration of such time. Provided
however, no court or judge or justice is authorized to
change the jurisdictional requirements contained in
Rule 4 of these rules.
(c) Additional time after service by mail.
Whenever a party is required or permitted to do an
act within a prescribed time after service of a
document, and the document is served by mail, 2
extra days shall be added to the prescribed period.
(d) Shortening time. A judge or justice for
good cause shown may shorten the time for serving
or filing a notice of motion or other document
incident to an appeal or an original proceeding in the
reviewing court. A motion to shorten time shall be
made as provided in Rule 27.
(e) Relief from default. The reviewing court
for good cause shown may relieve a party from a
default occasioned by any failure to comply with
these rules, except the failure to give timely notice of
appeal.
(Amended December 6, 1999, effective January
1, 2000; further amended August 30, 2010, effective
September 27, 2010.)
HRAP--16 (Release: 06/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 28
Rule 27. MOTIONS.
(a) Content of motions; response. Unless
another form is elsewhere prescribed by these Rules,
an application for an order or other relief shall be
made by filing a written motion with proof of service
on all other parties. The motion shall contain or be
accompanied by any matter required by a specific
provision of these Rules governing such a motion,
shall state with particularity the grounds upon which
it is based, and shall set forth the order or relief
sought. If a motion is supported by a memorandum,
affidavit, declaration, or other documents, they shall
be served and filed with the motion. Any party may
file a written response in opposition to a motion
within 5 days after service of the motion, but the
appellate court may extend or shorten the time for
responding to any motion as provided in Rule 26(b)
and (d) of these Rules. No reply to a response will be
received unless authorized by the appellate court.
(b) Determination of motions for procedural
orders. Notwithstanding Rule 27(a) of this Rule,
motions for procedural orders, including motions for
extension of time, may be acted upon at any time,
without awaiting a response. Pursuant to rule or order
of the appellate court, motions for specified types of
procedural orders may be disposed of by the
appellate clerk. Any party adversely affected by such
action, by application to the appellate court, may
request reconsideration, vacation, or modification of
such action.
(c) Power of a single judge or justice to
entertain motions. In addition to authority conferred
by rule or law, a single judge or justice may decide
any motion before the court on which the judge or
justice sits, except that: (i) a single judge or justice
may not dismiss or otherwise determine an appeal or
other proceeding; and (ii) the Hawai#i Supreme Court
may provide by order or rule that any motion or class
of motions must be acted upon by it or the
intermediate court of appeals. Any party adversely
affected by the action of a single judge or justice
may, by application to the court on which the judge
or justice sits, request reconsideration, vacation, or
modification of such action.
(d) Page limits. A motion, other than a motion
for reconsideration pursuant to Rule 40 of these
Rules, shall not exceed 3 pages, including an
abbreviated caption and signature. Memoranda in
support or opposition shall not exceed 20 pages,
including abbreviated captions and signatures. Only
affidavits or declarations and documents necessary
for the determination of the motion may be attached.
(Amended December 6, 1999, effective January
1, 2000; further amended August 30, 2010, effective
September 27, 2010; further amended October 13,
2015, effective January 1, 2016.)
Rule 28. BRIEFS.
(a) Format, service, and page limitation. All
briefs shall conform with Rule 32 of these Rules
and, if service is by any means other than a notice of
electronic filing, be accompanied by proof of service
of 2 copies on each party to the appeal. Except after
leave granted, an opening or answering brief shall
not exceed 35 pages, and a reply brief shall not
exceed 10 pages, exclusive of indexes, appendices,
and statements of related cases. If a brief raises
ineffective assistance of counsel as a point of error,
the appellant shall serve a copy of the brief on the
attorney alleged to have been ineffective.
(b) Opening brief. Within 40 days after the
filing of the record on appeal, the appellant shall file
an opening brief, containing the following sections in
the order here indicated:
(1) A subject index of the matter in the brief
with page references and a table of authorities listing
the cases, alphabetically arranged, text books,
articles, statutes, treatises, regulations, and rules
cited, with references to the pages in the brief where
they are cited. Citation to Hawai#i cases since
statehood shall include both the state and regional
reporters. Citation to foreign cases may be to only
the regional reporters. Where cases are generally
available only from electronic databases, citation
may be made thereto, provided that the citation
contains enough information to identify the database,
the court, and the date of the opinion.
(2) (Reserved)
(3) A concise statement of the case, setting forth
the nature of the case, the course and disposition of
proceedings in the court or agency appealed from,
and the facts material to consideration of the
questions and points presented, with record
references supporting each statement of fact or
mention of court or agency proceedings. In
presenting those material facts, all supporting and
contradictory evidence shall be presented in
summary fashion, with appropriate record references.
(Release: 06/16) HRAP--17
Rule 28 HAWAI#I RULES OF APPELLATE PROCEDURE
Record references shall include a description of the
document referenced, the JIMS or JEFS docket
number and electronic page citations, or if a JIMS or
JEFS docket number is not available, the document’s
filing date and electronic page citations within the
document. References to transcripts shall include the
JIMS or JEFS docket number, the date of the
transcript, and the specific electronic page or pages
referenced. Lengthy quotations from the record may
be reproduced in the appendix. There shall be
appended to the brief a copy of the judgment, decree,
findings of fact and conclusions of law, order,
opinion or decision relevant to any point on appeal,
unless otherwise ordered by the court.
(4) A concise statement of the points of error set
forth in separately numbered paragraphs. Each point
shall state: (i) the alleged error committed by the
court or agency; (ii) where in the record the alleged
error occurred; and (iii) where in the record the
alleged error was objected to or the manner in which
the alleged error was brought to the attention of the
court or agency. Where applicable, each point shall
also include the following:
(A) when the point involves the admission or
rejection of evidence, a quotation of the grounds
urged for the objection and the full substance of the
evidence admitted or rejected;
(B) when the point involves a jury instruction, a
quotation of the instruction, given, refused, or
modified, together with the objection urged at the
trial;
(C) when the point involves a finding or
conclusion of the court or agency, either a quotation
of the finding or conclusion urged as error or
reference to appended findings and conclusions;
(D) when the point involves a ruling upon the
report of a master, a quotation of the objection to the
report.
Points not presented in accordance with this
section will be disregarded, except that the appellate
court, at its option, may notice a plain error not
presented. Lengthy parts of the transcripts that are
material to the points presented may be included in
the appendix instead of being quoted in the point.
(5) A brief, separate section, entitled "Standard
of Review," setting forth the standard or standards to
be applied in reviewing the respective judgments,
decrees, orders or decisions of the court or agency
alleged to be erroneous and identifying the point of
error to which it applies.
(6) (Reserved)
(7) The argument, containing the contentions of
the appellant on the points presented and the reasons
therefor, with citations to the authorities, statutes and
parts of the record relied on. The argument may be
preceded by a concise summary. Points not argued
may be deemed waived.
(8) Relevant parts of the constitutional
provisions, statutes, ordinances, treaties, regulations,
or rules pertaining to the points of error set out
verbatim, unless otherwise provided in the brief. If
lengthy, they may be cited and their pertinent text set
out in the appendix.
(9) A conclusion, specifying with particularity
the relief sought.
(10) An appendix. Anything that is not part of
the record shall not be appended to the brief, except
as provided in this Rule.
(11) Statement of Related Cases. A brief
statement identifying any related case known to be
pending in the Hawai#i courts or agencies. The
statement shall include the following: case caption,
docket number, and the nature of the relationship.
Cases are deemed related if they:
(A) arise out of the same or consolidated cases
in the court or agency;
(B) involve a case that was previously heard by
the Hawai#i appellate courts;
(C) involve the same parties;
(D) involve the same or closely related issues;
(E) involve the same basic transaction or event;
or
(F) have any other similarities of which the
appellate courts should be aware.
The statement shall be presented on a separate
page, entitled "Statement of Related Cases." The
statement shall be the last page in the brief following
the appendices, if any. If no other cases are deemed
related, a single statement to this effect shall be
provided. If appellant identifies a case as related, no
other party need duplicate the listing in that party's
brief. If appellant learns of a related case after filing
HRAP--18 (Release:06/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 28
the initial brief, appellant shall promptly file a
statement.
(c) Answering brief. Within 40 days after
(1) service of appellant's opening brief, or receipt as
evidenced by an acknowledgment of service as
provided in Rule 25 of these Rules, whichever is
later, or (2) docketing of the appeal, whichever is
later, the appellee shall file an answering brief. The
brief shall be of like character as that required for an
opening brief except that no statement of points shall
be required, and no other section is required unless
the section presented in the opening brief is
controverted. If, after filing the answering brief,
appellee learns of a related case that has not been
previously identified by any other party, appellee
shall promptly file a statement of related cases that
conforms with subsection (b)(11) of this Rule.
A nominal appellee need not file an answering
brief. The appellate court may require an answering
brief if one is deemed useful to its consideration.
(d) Reply brief. Within 14 days after service
of appellee's answering brief, or receipt as evidenced
by an acknowledgment of service as provided in
Rule 25(e) of these Rules, whichever is later, the
appellant may file a reply brief. The reply brief shall
be confined to matters presented in the answering
brief. If no reply brief is to be filed, the appellant
shall file a notification with the appellate clerk, with
service upon all parties, prior to the expiration of the
time for filing the reply brief.
(e) Briefs on reserved questions. In cases in
which a single question has been reserved, the party
maintaining the affirmative shall, for the purpose of
this Rule, be regarded as the appellant and the party
opposing the question as the appellee. So also where
there are several questions and one party has the
affirmative as to all of them. Where several questions
have been reserved as to which a party maintains the
affirmative as to some and the negative as to others,
the plaintiff shall be regarded as the appellant and the
defendant as the appellee, unless, upon application to
the appellate court, an order specifying otherwise is
issued by the appellate court. Unless otherwise
ordered by the appellate court, briefs by the parties
shall conform to Rule 28(a), (b), (c) and (d) of these
Rules except that points of error and standards of
review need not be provided.
(f) Briefs in original cases. Unless otherwise
ordered by the appellate court, Rule 28(a), (b), (c)
and (d) of these Rules shall apply to cases brought
originally in the Hawai#i Supreme Court, except that
points of error and standards of review need not be
provided. For purposes of this Rule, when a case is
brought originally in the supreme court, the party
who would be regarded as the plaintiff or petitioner,
if the matter were instituted in a trial court, shall be
regarded as the appellant, and the opposing party as
the appellee.
(g) Brief of amicus curiae. An amicus curiae
brief may be filed only by leave of the appellate
court. The order granting leave shall fix the time for
filing the amicus curiae brief and any response
thereto. The appellate court may allow or disallow
the filing of such brief with or without a hearing. All
amicus curiae briefs shall comply with the applicable
provisions of subsection (b) of this Rule. The
attorney general may file an amicus curiae brief
without order of the court in all cases where the
constitutionality of any statute of the State of
Hawai#i is drawn into question, provided that the
attorney general shall file the brief within 30 days
after the filing of the answering brief, or within 30
days after notice was received pursuant to Rule 44 of
these Rules, whichever period last expires.
(h) Briefs on cross appeal. If there is a cross
appeal, separate opening and answering briefs on the
cross appeal, and any reply brief relating thereto,
shall be filed in addition to the briefs on the primary
appeal and shall comply with the applicable
requirements of Rule 28(a), (b), (c) and (d) of these
Rules.
(i) Reserved.
(j) Citation of supplemental authorities.
Parties may, by letter to the appellate clerk, bring to
the appellate court's attention pertinent and
significant authorities published after a party's brief
has been filed, but before a decision. A copy of the
letter, setting forth the citations, shall be served at or
before the time of filing as provided by Rule 25(b) of
these Rules. The letter shall provide references to
either the page(s) of the brief or to a point argued
orally to which the citations pertain. The letter shall,
without argument, state the reasons for the
supplemental citations. Any response shall be made
promptly and shall be similarly limited.
(Amended February 20, 1985, effective February
20, 1985; further amended January 22, 1987,
effective January 22, 1987; further amended
(Release: 12/16) HRAP--19
Rule 28 HAWAI#I RULES OF APPELLATE PROCEDURE
November 10, 1993, effective December 15, 1993;
further amended April 5, 1994, effective April 15,
1994; further amended June 23, 1994, effective June
23, 1994; further amended effective October 19,
1994, further amended August 14, 1995, effective
October 16, 1995; further amended September 7,
1995, effective October 30, 1995; further amended
December 6, 1999, effective January 1, 2000; further
amended October 6, 2003, effective January 1, 2004;
further amended June 20, 2006, effective July 1,
2006; further amended November 8, 2007, effective
January 1, 2008; further amended August 30, 2010,
effective September 27, 2010; further amended
October 13, 2015, effective January 1, 2016; fruther
amended February 17, 2016, effective July 1, 2016.)
Rule 29. EXTENSIONS OF TIME FOR
BRIEFS.
(a) By the appellate clerk. Upon timely (1) oral
request, or (2) written motion, or (3) letter request by
a party, the appellate clerk shall grant one extension
of time for no more than 30 days for the filing of an
opening or answering brief and no more than 10 days
for the filing of a reply brief. The appellate clerk
shall note on the record that the extension was
granted and the date the brief is due. The requesting
party shall notify all other parties that the extension
was granted and shall file a copy of the notice in the
record. A request is timely only if it is received by
the appellate clerk within the original time for filing
of the brief.
(b) By the appellate court. Motions for further
extensions of time to file briefs shall be made at least
5 days prior to the due date of the brief and will be
approved by a judge or justice only upon good cause
shown.
The submission of a request or motion for
extension does not toll the time for filing a brief.
(Amended December 6, 1999, effective January
1, 2000; further amended February 17, 2016,
effective July 1, 2016.)
Rule 30. BRIEFS NOT TIMELY FILED OR
NOT IN CONFORMITY WITH
THESE RULES.
When the brief for appellant is not filed within
the time required, the appellate clerk shall forthwith
give notice to the parties that the matter will be called
to the attention of the appellate court on a day certain
for such action as the appellate court deems proper
and that the appeal may be dismissed. When the brief
of an appellant is otherwise not in conformity with
these Rules, the appeal may be dismissed or the brief
stricken and monetary or other sanctions may be
levied by the appellate court. When the brief of an
appellee is not filed within the time required, or is
not in conformity with these Rules, the brief may be
stricken and monetary or other sanctions may be
levied by the appellate court. In addition, the
appellate court may accept as true the statement of
facts in the appellant's opening brief. When a brief
is filed, an appellate court shall not dismiss an
appeal, accept as true the statement of facts in the
appellant's opening brief, impose a monetary
sanction, or strike a brief without an opportunity to
resubmit an amended brief, without prior notice to
the affected party, and without a meaningful
opportunity to be heard.
(Amended December 6, 1999, effective January
1, 2000; further amended May 7, 2001, effective July
1, 2001; further amended August 30, 2010, effective
September 27, 2010; further amended June 4, 2015,
effective July 1, 2015.)
Rule 31. RESERVED.
HRAP--20 (Release: 12/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 33
Rule 32. FORM OF DOCUMENTS.
(a) Quality and size of documents. All
documents and briefs filed in the appellate courts
shall be prepared to display, print, and copy in a clear
and legible manner. The page set-up shall be
formatted for 8-1/2 inch by 11-inch pages with a
portrait orientation and, except for the flyleaf, not
less than 1-inch margins all around. Such
documents shall be filed without covers and, if
conventionally filed, without creasing and, except for
documents filed by the court, shall include a flyleaf
upon which shall be noted, beginning at the top, the
case number, the title of the appellate court and the
cause abbreviated or in full, the character of the
document, and the name or names, telephone
numbers, physical and electronic mail addresses, and
Hawai#i bar number of the attorney or attorneys
representing the party on whose behalf the same is
filed, to be used for service, and the names of all
judges or hearing officers who have participated in
the case or matter. The flyleaf shall have either a
3-inch top margin or a 3-inch-by-3-inch space in the
top right corner. Conventionally filed documents
shall be submitted on unruled, unglazed, opaque
white paper and shall not be bound, stapled, or
tabbed.
(b) Quality and style of font. Font size must be
the equivalent of standard 12 point pica and yield no
more than 14 characters to the inch. Footnotes and
quotations shall be in the same font and size as the
text. Twelve point Times New Roman, Courier New,
or Arial fonts are deemed to satisfy the requirements
of this Rule. No attempt shall be made to reduce or
condense the print in a manner that would increase
the content of the document. Lines shall be double
spaced or one and one-half spaced except in
headings, quotations, citations, indexes, footnotes,
and appendices.
(c) Signature on conventionally filed
documents. All conventionally filed documents
must be signed in black ink by the party or, if the
party is represented, by the party's attorney. The
name of the signator shall be typed or printed under
the signature. The page on which the signature(s)
appear(s) shall contain at least 2 lines of text and/or
a notation at the bottom of the page with the
following information: case number, case name, and
title of document.
(d) Signature on electronically filed
documents. Documents filed through JEFS or JIMS
shall be signed as provided by the Hawai#i Electronic
Filing and Service Rules.
(Amended April 5, 1994, effective April 15, 1994;
further amended September 13, 1995, effective
September 13, 1995, further amended December 6,
1999, effective January 1, 2000; further amended
October 6, 2003, effective January 1, 2004; further
amended November 8, 2007, effective January 1,
2008; further amended August 30,2010, effective
September 27, 2010; further amended October 13,
2015, effective January 1, 2016; further amended
May 10, 2018, effective July 1, 2018.)
Rule 32.1. NUMBER OF COPIES TO BE
SUBMITTED.
Whether the original document is filed
electronically or conventionally, parties shall mail or
deliver to the appellate clerk stapled or otherwise
bound paper copies of the specified documents in
Appendix A within 1 business day after filing. In all
cases, the appellate clerk may direct that a specific
number of additional copies be furnished on or
before a specified date.
(Added December 6, 1999, effective January 1,
2000; further amended June 20, 2006, effective July
1, 2006; further amended August 30, 2010, effective
September 27, 2010.)
Rule 33. H A W A I # I A P P E L L A T E
MEDIATION PROGRAM AND
APPEAL CONFERENCES.
(a) Appellate Mediation. If an appeal,
including any cross-appeal, is selected, attorneys and
parties, shall participate in the Hawai#i Appellate
Mediation Program established by the Hawai#i
Appellate Mediation Program Rules.
(b) Appellate Conference. The appellate court
before which the case is pending may direct the
attorneys or the self-represented parties to appear
before the court or a judge or justice thereof for a
conference to consider the simplification of the
issues and such other matters as may aid in the
disposition of the case by the appellate court. The
appellate court or judge or justice shall enter an order
that recites the action taken at the conference and the
agreements made by the parties as to the matters
considered and that limits the issue to those not
disposed of by admissions or agreements of the
(Release: 06/18) HRAP--21
Rule 33 HAWAI#I RULES OF APPELLATE PROCEDURE
parties. Such order, when entered, shall control the
subsequent course of the proceedings, unless
modified to prevent manifest injustice.
(Amended December 6, 1999, effective January
1, 2000; further amended September 7, 2011,
effective January 1, 2012.)
Rule 34. ORAL ARGUMENT.
(a) In general. Oral argument shall be had in all
cases except those in which the appellate court before
which the case is pending enters an order providing
for consideration of the case without oral argument.
(b) Notice of argument; postponement;
request for additional time to argue. The appellate
clerk shall advise all parties whether oral argument is
to be heard and, if so, of the time and place therefor,
and the time to be allowed each side. A request for
postponement of the argument or for the allowance of
additional time to argue must be made by motion
filed within 10 days of such notification. The request
for additional time shall state the reasons the case
cannot be presented within the time allotted.
(c) Motion for retention of oral argument. If
the appellate court has ordered a case submitted on
the briefs, any party may, within 10 days after the
mailing of the order, file a motion for retention of
oral argument, supported by a statement of reasons.
The appellate court may grant or deny such motion,
and such grant or denial shall not be subject to
review or reconsideration.
(d) Order and content of argument. The
appellant is entitled to open and conclude the
argument. The opening argument may include a fair
statement of the case. Counsel will not be permitted
to read at length from briefs, records, or authorities.
(e) Cross and separate appeals. A cross or
separate appeal shall be argued with the initial appeal
at a single argument, unless the appellate court
otherwise directs. If a case involves a cross-appeal,
the plaintiff in the trial court or agency action shall
be deemed to be the appellant for the purpose of this
rule unless the parties otherwise agree or the
appellate court otherwise directs. If separate
appellants support the same argument, care shall be
taken to avoid duplication of argument.
(f) Non-appearance of parties. If the appellee
or counsel fails to appear to present argument, the
appellate court may hear argument on behalf of the
appellant. If the appellant or counsel fails to appear,
the appellate court may hear argument from the
appellee. If neither party nor counsel appears, the
case will be decided on the briefs unless the court
shall otherwise order. Sanctions may be assessed
against attorneys of record or pro se parties who fail
to appear.
(g) Submission on briefs. By agreement of the
parties, a case may be submitted for decision on the
briefs. In any such case, the appellate court may
require oral argument.
(h) No oral argument by party failing to file
brief. If the appellant or the appellee has failed to
file an opening or answering brief, as the case may
be, oral argument by that party's counsel, or the
party, if pro se, will not be heard unless the appellate
court directs otherwise.
(i) Use of visual aids at argument; removal.
If visual aids are to be used at the argument, counsel
or the party, if pro se, shall arrange with the appellate
clerk to have them placed in the courtroom before the
appellate court convenes on the date of the argument.
After the argument, counsel or the party, if pro se,
shall cause the visual aids to be removed from the
courtroom unless the appellate court otherwise
directs. If the visual aids are not reclaimed by
counsel or the pro se party within a reasonable time,
they shall be destroyed or otherwise disposed of by
the appellate clerk.
(Amended December 6, 1999, effective January
1, 2000.)
Rule 35. DISPOSITIONS.
(a) Class of disposition. Dispositions may be
authored by a designated judge or justice or may be
per curiam and may take the form of published or
memorandum opinions or dispositional orders.
(b) Publication. Memorandum opinions shall
not be published. Dispositional orders shall not be
published except upon the order of the appellate
court. For purposes of this Rule 35, an opinion or
order is published when the appellate court
designates it for publication in West’s Hawai#i
Reports or the Pacific Reporter.
(c) Citation.
(1) DISPOSITIONS BEFORE JULY 1, 2008. A
memorandum opinion or unpublished dispositional
order filed before July 1, 2008 shall not be cited in
any other action or proceeding except when the
memorandum opinion or unpublished dispositional
HRAP--22 (Release: 06/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 36
order (i) establishes the law of the pending case, or
(ii) has res judicata or collateral estoppel effect, or
(iii) in a criminal action or proceeding, involves the
same respondent.
(2) DISPOSITIONS ON OR AFTER JULY 1, 2008.
Any disposition filed in this jurisdiction on or after
July 1, 2008 may be cited in any proceeding. A party
or attorney has no duty to cite an unpublished
disposition. Memorandum opinions and unpublished
dispositional orders are not precedent, but may be
cited for persuasive value; provided that a
memorandum opinion or unpublished dispositional
order that establishes the law of the pending case or
that has res judicata or collateral estoppel effect shall
be honored. Notwithstanding any other rule, a copy
of a cited unpublished disposition shall be appended
to the brief or memorandum in which the
unpublished disposition is cited.
(d) Copy or access provided by appellate
clerk. The appellate clerk shall promptly mail,
electronically mail, telefax, or provide an electronic
notice of the location of a copy of the opinion or
dispositional order to each party.
(e) Terminology. When used in an opinion or
dispositional order, the word "reverse" ends litigation
on the merits, and the phrase "vacate and remand"
indicates the litigation continues in the court or
agency in accordance with the appellate court's
instruction.
(As amended and effective March 11, 1996;
further amended December 6, 1999, effective
January 1, 2000; further amended April 23, 2008,
effective July 1, 2008; further amended August 30,
2010, effective September 27, 2010.)
Rule 36. E N T R Y O F J U D G M E N T ;
PREPARATION, FILING, &
SERVICE OF THE JUDGMENT ON
APPEAL; EFFECTIVE DATE OF
J U D G M E N T O N A P P E A L ;
SIGNATURES.
(a) Entry of judgment. The filing of the
judgment on appeal constitutes entry of judgment.
(b) Preparation, filing, and service of the
judgment on appeal.
(1) PREPARATION BY THE COURT. After a final
decision, other than an order of dismissal, has been
filed in an appeal, the court rendering the decision
shall prepare and submit to the appellate clerk for
filing the judgment on appeal, signed by a judge or
justice for the court.
(2) SERVICE OF THE JUDGMENT. Upon the filing
of the judgment, the appellate clerk shall serve a file-
marked copy of the judgment on each party and on
the court or agency from which the appeal was taken.
(c) Effective date of intermediate court of
appeals' judgment.
The intermediate court of appeals’ judgment is
effective as follows:
(1) if no application for writ of certiorari is filed,
(A) upon the thirty-first day after entry or
(B) where the time for filing an application for a
writ of certiorari is extended in accordance with
Rule 40.1(a) of these Rules, upon the expiration of
the extension or
(2) if an application for a writ of certiorari is
filed,
(A) upon entry of the supreme court’s order
dismissing or rejecting the application or
(B) upon entry of the supreme court’s order or
other disposition affirming in whole the judgment of
the intermediate court of appeals.
(d) Judgment after supreme court review.
(1) UPON TRANSFER. Upon disposition after
transfer from the intermediate court of appeals, the
supreme court shall enter judgment in accordance
with section (b) of this Rule.
(2) UPON ACCEPTANCE OR REJECTION OF
APPLICATION FOR A WRIT OF CERTIORARI. If an
application for a writ of certiorari is rejected, the
judgment entered by the intermediate court of
appeals shall stand. If an application for a writ of
certiorari is accepted and the judgment of the
intermediate court of appeals is wholly affirmed, the
judgment entered by the intermediate court of
appeals shall stand. If an application for a writ of
certiorari is accepted and the judgment of the
intermediate court of appeals is vacated or otherwise
modified in whole or in part, a new judgment on
appeal shall be entered by the supreme court and is
effective upon entry. This subsection does not apply
to an application for writ of certiorari of an order of
dismissal entered by the intermediate court of
appeals.
(Release: 06/16) HRAP--23
Rule 36 HAWAI#I RULES OF APPELLATE PROCEDURE
(e) Signatures. Any order or judgment that is
filed electronically bearing a facsimile signature in
lieu of an original signature of a judge or clerk has
the same effect as if the judge or clerk had affixed the
judge’s or clerk’s signature to a paper copy of the
order or judgment and it had been entered on the
docket in a conventional manner. For purposes of
this rule and any rules of court, the facsimile
signature may be either an image of a handwritten
signature or the software printed name of the judge
preceded by /s/.
COMMENT:
See Rule 41 and its commentary ("the
intermediate court of appeals’ judgment
cannot be effective and jurisdiction cannot
revert to the court or agency from which
appeal was taken until the time for filing the
application has expired or, if an application
is filed, the supreme court has rejected or
dismissed the application or affirmed the
intermediate court of appeals’ judgment in
whole.")
(Amended December 6, 1999, effective January
1, 2000; Comment added and rule further amended
June 20, 2006, effective July 1, 2006; Comment
amended November 1, 2006, effective January 1,
2007; further amended August 30, 2010, effective
September 27, 2010; further amended December 14,
2011, effective January 1, 2012; further amended
October 13, 2015, effective January 1, 2016.)
Rule 37. INTEREST ON JUDGMENTS.
Unless otherwise provided by law, if a judgment
for money in a civil case is affirmed, whatever
interest is allowed by law shall be payable from the
date the judgment was entered in the circuit or
district court. If the judgment is modified or vacated
with a direction that a judgment for money be entered
in the circuit or district court, the notice and
judgment on appeal shall contain instructions with
respect to allowance of interest.
(Amended December 6, 1999, effective January
1, 2000.)
Rule 38. DAMAGES AND COSTS FOR
FRIVOLOUS APPEALS.
If a Hawai#i appellate court determines that an
appeal decided by it was frivolous, it may, after a
separately filed motion or notice from the appellate
court and reasonable opportunity to respond, award
damages, including reasonable attorneys' fees and
costs, to the appellee.
(Amended December 6, 1999, effective January
1, 2000.)
Rule 39. COSTS AND ATTORNEY'S FEES.
(a) Civil costs; to whom allowed. Except in
criminal cases or as otherwise provided by law, if an
appeal or petition is dismissed, costs shall be taxed
against the appellant or petitioner upon proper
application unless otherwise agreed by the parties or
ordered by the appellate court; if a judgment is
affirmed or a petition denied, costs shall be taxed
against the appellant or petitioner unless otherwise
ordered; if a judgment is reversed or a petition
granted, costs shall be taxed against the appellee or
the respondent unless otherwise ordered; if a
judgment is affirmed in part and reversed in part, or
is vacated, or a petition granted in part and denied in
part, the costs shall be allowed only as ordered by the
appellate court. If the side against whom costs are
assessed has multiple parties, the appellate court may
apportion the assessment or impose it jointly and
severally.
(b) Costs for and against the State of Hawai# i.
In cases involving the State of Hawai#i or an agency
or officer thereof, if an award of costs against the
State is authorized by law, costs shall be awarded in
accordance with the provisions of this Rule;
otherwise costs shall not be awarded for or against
the State of Hawai#i, its agencies, or its officers
acting in their official capacities.
HRAP--24 (Release: 06/16)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 39
(c) Costs defined. Costs in the appellate courts
are defined as: (1) the cost of the original and one
copy of the reporter's transcripts if necessary for the
determination of the appeal; (2) the premiums paid
for supersedeas bonds or other bonds to preserve
rights pending appeal; (3) the fee for filing the
appeal; (4) the cost of printing or otherwise
producing necessary copies of briefs and appendices,
provided that copying costs shall not exceed 20¢ per
page; (5) necessary postage, cost of facsimiles,
intrastate travel, long distance telephone charges; and
(6) any other costs authorized by statute or rule.
(d) Request for Fees and Costs; Objections.
(1) A party who desires an award of attorney’s
fees and costs shall request them by submitting an
itemized and verified bill of fees and costs, together
with a statement of authority for each category of
items and, where appropriate, copies of invoices,
bills, vouchers, and receipts. Requests for indigent
fees and necessary expenses shall be submitted in a
form that substantially complies with Form 7 in the
Appendix of Forms and shall be accompanied by a
copy of the order appointing counsel. Requests for
non-indigent attorney's fees and costs allowed by
statute or contract shall be submitted in a form that
substantially complies with Form 8 in the Appendix
of Forms. A failure to provide authority for the
award of attorney’s fees and costs or necessary
expenses will result in denial of that request.
(2) A request for fees and costs or necessary
expenses is more appropriately filed in the court
where the work was performed. A request for an
appellate court to award fees and costs or necessary
expenses must be filed with the appellate clerk, with
proof of service, no later than 14 days after the time
for filing a motion for reconsideration has expired or
the motion for reconsideration has been decided. An
untimely request for fees and costs or necessary
expenses may be denied.
(3) Attorneys appointed to represent indigent
persons may submit a request for attorney’s fees and
necessary expenses, as provided by statute, after
briefing is completed. Requests for fees and
necessary expenses by counsel appointed to represent
indigent persons may be held in abeyance until
resolution of the case on the merits. If oral argument
is had or additional work is performed thereafter, the
attorney may submit a request for additional fees and
necessary expenses.
(4) Objections to requests for fees and costs
must be filed with the appellate clerk, with proof of
service, within 10 days after service on the party
against whom the fees and costs are to be taxed
unless the time is extended by the appellate court. A
reply to the objections must be filed with the
appellate clerk, with proof of service, within 7 days
after service of the objections on the initiating party.
(Amended February 28, 1994, effective February
28, 1994; further amended September 11, 1996,
effective October 15, 1996; further amended
December 6, 1999, effective January 1, 2000; further
amended October 6, 2003, effective January 1, 2004;
further amended May 12, 2005, effective July 1,
2005; further amended June 20, 2006, effective July
1, 2006; further amended March 2, 2007, effective
July 1, 2007; further amended October 13, 2015,
effective January 1, 2016.)
(Release: 06/16) HRAP--25
Rule 40 HAWAI#I RULES OF APPELLATE PROCEDURE
Rule 40. MOTION FOR
RECONSIDERATION.
(a) Time. A motion for reconsideration may be
filed by a party only within 10 days after the filing of
the opinion, dispositional order, or ruling unless by
special leave additional time is granted during such
period by a judge or justice of the appellate court
involved.
(b) Contents. The motion shall state with
particularity the points of law or fact that the moving
party contends the court has overlooked or
misapprehended, together with a brief argument on
the points raised. The motion shall be supported by a
declaration of counsel to the effect that it is presented
in good faith and not for purposes of delay.
(c) Response; reply argument. No response to
a motion for reconsideration or reply to a response
will be received unless requested by the appellate
court. There shall be no oral argument on a motion
for reconsideration unless ordered by the appellate
court.
(d) Disposition of motion. The appellate court
within 10 days of the filing of a motion for
reconsideration, shall either grant or deny such
motion. The failure of the appellate court to act
within the 10 days shall constitute a rejection. If a
motion for reconsideration is granted, the appellate
court may, with or without new argument, modify the
decision or take such action as may be appropriate.
(e) Only one motion permitted. Only one
motion for reconsideration may be filed by any party,
unless the court modifies the substance of its opinion,
dispositional order, or ruling.
(Amended December 6, 1999, effective January
1, 2000.)
Rule 40.1. APPLICATION FOR WRIT OF
CERTIORARI IN THE SUPREME
COURT.
(a) Application; when filed; extension of time.
(1) A
PPLICATION; TIME TO FILE. A party may
seek review of the intermediate court of appeals'
decision by filing an application for a writ of
certiorari in the supreme court. The application shall
be filed within 30 days after the filing of the
intermediate court of appeals’ judgment on appeal or
dismissal order, unless the time for filing the
application is extended in accordance with this Rule.
However, if the application for a writ of certiorari is
mailed, the application for a writ of certiorari shall
be deemed timely filed if the mailing is postmarked
within the time fixed for filing and is received by the
clerk no later than 5 days after the postmarked date.
For the purposes of calculating other deadlines in
these Rules, the date of filing under this Rule shall be
the date the document is received by the clerk.
(2) R
EQUEST EXTENDING TIME; TIME TO FILE. A
party may extend the time to file an application for a
writ of certiorari by filing a written request for an
extension. The request for extension shall be filed
no later than 30 days after entry of the intermediate
court of appeals’ judgment on appeal or dismissal
order.
(3) T
IMELY REQUEST; AUTOMATIC EXTENSION;
NOTICE. Upon receipt of a timely written request, the
appellate clerk shall grant a 30-day extension of time
to file the application for a writ of certiorari. The
appellate clerk shall note on the record that the
extension was granted. The clerk shall give notice
the request is timely and granted.
(4) N
O EXTENSION IF UNTIMELY. An untimely
request shall not extend the time. The clerk shall
give notice the request is untimely and denied.
(b) Discretion of the supreme court.
Acceptance or rejection of an application for a writ
of certiorari is a matter within the discretion of the
supreme court.
(c) Denomination of the parties. The party
applying for the writ of certiorari shall be
denominated the petitioner; the petitioner's
denomination in the appeal and in the trial court or
agency shall also be included. All other parties shall
be denominated respondents and each respondent's
denomination in the appeal and in the trial court or
agency shall also be included. Any respondent who
supports the position of a petitioner shall meet the
time scheduled for filing responsive documents.
HRAP--26 (Release: 12/19)
HAWAI#I RULES OF APPELLATE PROCEDURE Rule 40.1
(d) Contents. The application for a writ of
certiorari shall not exceed 12 pages and shall contain
in the following order:
(1) A short and concise statement of the
questions presented for decision, set forth in the most
general terms possi