Fill - Free fillable HAWAI#I RULES OF (Hawaii State Judiciary) PDF form

HAWAI#I RULES

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

(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

(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

(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

(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

(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

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

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

(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)

Hawai#i Rules of Appellate Procedure Table of Contents

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

(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

(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

(d) Briefs

(e) Deleted

Rule 14. RESERVED

Rule 15. RESERVED QUESTIONS

(a) From what court

(b) Record

(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

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

(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

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

pauperis

(Release: 06/16)

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

(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

(d) Shortening time

(e) Relief from default

Rule 27. MOTIONS

(a) Content of motions; response

(b) Determination of motions for procedural orders

(d) Page limits

Rule 28. BRIEFS

(a) Format, service, and page limitation

(b) Opening 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)

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

(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

(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

(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)

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

(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

(d) Request for fees and costs; objections

Rule 40. MOTION FOR RECONSIDERATION

(a) Time

(b) Contents

(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

(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

(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

Rule 43. SUBSTITUTION OF PARTIES

(a) Death of a party

(b) Substitution for other causes

Rule 44. CONSTITUTIONALITY OF STATUTE

Rule 45. DUTIES OF APPELLATE CLERKS

(a) General provisions

(b) The docket; calendar; other records required

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

(d) Acting chief judge

(f) through (h) Deleted

Rule 50. WITHDRAWAL, DISCHARGE, OR SUBSTITUTION OF

APPELLATE COUNSEL

(a) Withdrawal

(b) Withdrawal with substitution

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

(Release: 12/18)

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.

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.

(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.

(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.

(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.

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/

tax

appeal

court

may require an appellant to file a bond

provide other

security

in such form

and amount

finds necessary

to ensure payment

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.

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

conviction may

be obtained by

application for

an extraordinary

writ

pursuant

to Rule

21. An application for

writ

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.

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.

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.

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

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.

(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.

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.

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.

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.

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.

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

(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.

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.

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

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.

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.

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;

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;

(D) involve the same or closely related issues;

(E) involve the same basic transaction or event;

(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.

(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.

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.

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.

(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.

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

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.

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.

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 possible. The statement of a question

presented will be deemed to include every subsidiary

question fairly comprised therein. Questions not

presented according to this paragraph will be

disregarded. The supreme court, at its option, may

notice a plain error not presented.

(2) A statement of prior proceedings in the case.

(3) A short statement of the case containing the

facts material to the consideration of the questions

presented.

(4) A brief argument with supporting authorities.

A copy of the challenged opinion, dispositional

order, or ruling of the intermediate court of appeals

shall be attached as an appendix.

(e) Response; form; extension of time; reply.

(1) T

IME TO FILE; FORM.

Within 15 days after the filing of an application for

a writ of certiorari, any other party to the case may,

but need not, file and serve a brief written response,

not to exceed 12 pages, containing a statement of

reasons why the application should not be accepted.

(2) R

EQUEST EXTENDING TIME; TIME TO FILE.

A party may extend the time to file a response to 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 15 days after the filing

date of the application for a writ of certiorari.

(3) T

IMELY REQUEST; AUTOMATIC EXTENSION;

OTICE. Upon receipt of a timely written request,

the appellate clerk shall grant a 15-day extension of

time to file a response to 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.

(5) R

EPLY. Within 7 days after a response is

filed any party may, but need not, file and serve a

reply to the statement of reasons set forth in the

response. The reply shall not exceed 5 pages.

(f) Oral argument. There shall be no oral

argument on an application for a writ of certiorari

unless requested by the supreme court. If oral

argument is requested by the supreme court, the

petitioner is entitled to open and conclude argument.

(g) Determination. The supreme court shall act

upon an application for a writ of certiorari no later

than 30 days after a response is or could have been

filed. The failure of the supreme court to accept the

application within the 30 days shall constitute a

rejection of the application. In cases where multiple

responses are filed, the 30-day time period to accept

the application for writ of certiorari shall be

calculated from the date of the latest timely-filed

response.

(h) No reconsideration of acceptance or

rejection of application for a writ of certiorari.

Neither acceptance nor rejection of an application for

a writ of certiorari shall be subject to a motion for

reconsideration in the supreme court. The rejection

of an application for certiorari shall be final.

However, if an application for certiorari is accepted,

the supreme court, at any time prior to final

disposition, may sua sponte find certiorari was

improvidently granted and may dismiss the certiorari

proceeding.

(i) Review by supreme court after acceptance

of application for a writ for certiorari. If the

supreme court accepts the application for a writ of

certiorari, the case shall be decided on the record and

the briefs previously filed. The supreme court may

limit the question on review, may request

supplemental briefs, and may set the case for oral

argument. Within 10 days after the acceptance of the

application for a writ of certiorari, a party may move

in the supreme court for permission to file a

supplemental brief. The court may impose

restrictions as to length and filing of such brief and

any response thereto.

(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; further amended May 25, 2011,

effective July 1, 2011; further amended December

14, 2011, effective January 1, 2012; further amended

July 29, 2013, effective January 1, 2014; further

amended June 4, 2015, effective July 1, 2015; further

amended April 12, 2016; effective July 1, 2016;

further amended October 12, 2017, effective October

12, 2017; further amended July 3, 2019, effective

January 1, 2020.)

(Release: 12/19) HRAP--26A

HAWAI#I RULES OF APPELLATE PROCEDURE

This page intentionally left blank.

HRAP--26B (Release: 06/16)

HAWAI#I RULES OF APPELLATE PROCEDURE Rule 40.2

Rule 40.2. APPLICATION FOR TRANSFER

TO THE SUPREME COURT

(a) Application; when filed. Any party may

file, in the supreme court, an application for transfer

of a case within the jurisdiction of the intermediate

court of appeals to the supreme court, as allowed by

law. An application

(1) for a case under Rule 18 must be submitted

with the statement of agreed facts.

(2) for an appeal may be submitted no earlier

than 10 days after the filing of the record on appeal

and no later than 20 days after the last brief is filed or

could have been filed.

(b) Denomination of the parties. The party

seeking transfer shall be denominated the petitioner.

The petitioner’s denomination in the appeal or the

agreed statement and in the trial court or agency, if

from a 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, if from a trial court or

agency, shall also be included. Any respondent who

supports the position of the petitioner shall meet the

time schedule for filing responsive documents.

application for transfer shall contain, in the following

order:

(1) A request for transfer to the supreme court,

(2) A statement of prior proceedings in the case,

with citation to the record, if any,

(3) A short statement of relevant facts, with

citation to the record, if any,

(4) A statement of the points of error to be raised

and argued, with citation to the record, if any, where

each point of error was preserved for appeal,

(5) An explanation, not to exceed 10 pages,

concerning how the case meets statutory

qualifications for transfer to the supreme court, with

citation to supporting authority.

(d) Response to the Application. Within the

time provided for responding to a motion under Rule

27(a), any other party may file a response to the

application.

(e) Oral argument. There shall be no oral

argument on an application for transfer unless

ordered by the supreme court.

(f) Determination; no reconsideration; no

extensions of time. The supreme court shall grant a

mandatory application and may grant or deny a

discretionary application for transfer no later than the

thirtieth day after the filing of the response to the

application or, if no response is filed, within 30 days

after the time the response could have been filed.

The grant or denial of an application for transfer

shall not be subject to a motion for reconsideration.

Times for submitting and responding to an

application for transfer shall not be extended.

(g) Effect of application. Unless otherwise

ordered by the supreme court while an application

for transfer is pending, the submission and

processing of an application for transfer shall not

stay the time in which a party must act under any

provision of these rules.

(Added June 20, 2006, effective July 1, 2006;

further amended December 16, 2009, effective

January 1, 2010; further amended August 30, 2010,

effective September 27, 2010; further amended

December 14, 2011, effective January 1, 2012.)

(Release: 06/16) HRAP--27

Rule 40.3 HAWAI# I RULES OF APPELLATE PROCEDURE

Rule 40.3 RECONSIDERATION, TRANSFER,

OR CERTIORARI UNNECESSARY

FOR EXHAUSTION OF STATE

REMEDIES.

For purposes of these rules and except as

otherwise provided in Rule 40 of the Hawai# i Rules

of Penal Procedure, a motion for reconsideration, an

application for transfer, or an application for a writ of

certiorari shall not be required to exhaust available

state remedies regarding a claim of error. A decision

or order upon an appeal in which an issue was raised

shall be deemed to have exhausted available state

remedies with regard to that issue.

(Added June 20, 2006, effective July 1, 2006;

further amended December 14, 2011, effective

January 1,2012.)

Rule 41. STAY OF

INTERMEDIATE COURT

OF APPEALS JUDGMENT

ON APPEAL

The timely filing of an application for a writ of

certiorari stays finality of the intermediate court of

appeals’ judgment on appeal unless otherwise

ordered by the supreme court. If the application for a

writ is dismissed or rejected, the intermediate court

of appeals’ judgment on appeal is effective upon

entry of the order dismissing or rejecting the

application for writ. If the application for a writ is

accepted, the intermediate court of appeals’ judgment

on appeal is stayed pending final disposition of the

certiorari proceeding in accordance with Rule 36.

COMMENT:

Effective for intermediate court of

appeals’ judgments on appeal and orders of

dismissal entered on or after January 1,

2012, a party has 30 days to file an

application for a writ of certiorari, which

can be extended for no more than an

additional 30 days upon the filing of a

written request for extension in accordance

with HRAP Rule 40.1(a). The time for filing

the application is measured from the date the

intermediate court of appeals’ judgment on

appeal or order of dismissal was filed. Thus,

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.

The supreme court’s judgment on appeal

is not subject to further state review and is

effective upon entry.

(Amended October 19, 1993, effective November

15, 1993; further amended December 6, 1999,

effective January 1, 2000; Comment added and rule

further amended June 20, 2006, effective July 1,

2006; further amended December 14, 2011, effective

January 1, 2012.)

HRAP--28 (Release: 06/16)

HAWAI#I RULES OF APPELLATE PROCEDURE Rule 43

Rule 42. DISMISSAL.

(a) Dismissal before the appeal is docketed.

If an appeal has not been docketed, the appeal shall

be dismissed upon the filing of a stipulation for

dismissal signed by all the parties and approved by

the appellate court. Upon motion and notice by the

appellant, the appellate court may dismiss the appeal

upon terms fixed by the court.

(b) Dismissal in the appellate courts. If the

parties to a docketed appeal or other proceeding sign

and file a stipulation for dismissal, specifying the

terms as to payment of costs, and pay whatever fees

are due, the case shall be dismissed upon approval by

the appellate court, but no mandate or other process

shall issue without an order of the court. Upon

motion and notice, the appellate court may dismiss

the appeal upon terms fixed by the appellate court.

appeals. In a criminal appeal by a defendant, the

stipulation or motion for dismissal of the appeal shall

be supported by the defendant's affidavit or

declaration that reflects a knowing and intelligent

understanding of the consequences of the dismissal

of the appeal and that the withdrawal is made

voluntarily. In circumstances where the defendant

cannot be located after a diligent effort, the

circumstances of the effort shall be set forth in an

affidavit or declaration of counsel in support of the

stipulation or motion.

(Amended January 22, 1987, effective February

1, 1987; 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 August 30, 2010, effective September 27,

2010; further amended April 12, 2016, effective July

1, 2016.)

Rule 43. SUBSTITUTION OF PARTIES.

(a) Death of a party. If a party dies after the

notice of appeal is filed, or while the proceeding is

otherwise pending in a Hawai#i appellate court, that

court may substitute the personal representative of

the deceased party as a party on motion filed by the

representative or by any party. The motion shall be

served upon the representative in accordance with the

provisions of Rule 25. If the deceased party has no

representative, any party may suggest the death on

the record, and proceedings shall then be had as that

court shall direct. If an appellee dies after entry of

the judgment or order in the court or agency appealed

from but before a notice of appeal is filed, an

appellant may proceed as if the death had not

occurred. After the notice of appeal is filed,

substitution shall be effected in the Hawai#i appellate

courts in accordance with this subsection. If a party

entitled to appeal shall die before filing a notice of

appeal, the notice of appeal may be filed by the

party's personal representative, or, if the party has no

representative, by the party's attorney of record

within the time prescribed by these rules. After the

notice of appeal is filed substitution shall be effected

in the Hawai#i appellate courts in accordance with

this subsection.

(b) Substitution for other causes. If

substitution of a party in the Hawai#i appellate courts

is necessary for any reason other than death,

substitution shall be effected in accordance with the

procedure prescribed in subsection (a).

office.

(1) When a public officer is a party to an appeal

or other proceeding in the Hawai#i appellate courts in

his or her official capacity and during its pendency

dies, resigns, or otherwise ceases to hold office, the

action does not abate and his or her successor is

automatically substituted as a party. Proceedings

following the substitution shall be in the name of the

substituted party, but any misnomer not affecting the

substantial rights of the parties shall be disregarded.

An order of substitution may be entered at any time,

but the omission to enter such an order shall not

affect the substitution.

(2) When a public officer is a party to an appeal

or other proceeding in his or her official capacity he

or she may be described as a party by his or her

official title rather than by name, but the appellate

court may require his or her name be added.

(Amended December 6, 1999, effective January

1, 2000; further amended August 30, 2010, effective

September 27, 2010.)

(Release: 06/16) HRAP--29

Rule 44 HAWAI#I RULES OF APPELLATE PROCEDURE

Rule 44. C O N S T I T U T I O N A L I T Y O F

STATUTE.

It shall be the duty of a party who draws in

question the constitutionality of any statute of the

State of Hawai#i in any proceeding in any Hawai#i

appellate court to which the State of Hawai#i, or any

agency thereof, or any officer or employee thereof, as

such officer or employee, is not a party, upon the

filing of the record, or as soon thereafter as the

question is raised in the appellate court, to give

immediate notice in writing to the Attorney General

of the State of Hawai#i of the existence of said

question.

Rule 45. DUTIES OF APPELLATE CLERKS.

(a) General provisions. No appellate clerk

shall practice as an attorney in any court while he or

she continues in office. The office of the appellate

clerk with an appellate clerk in attendance shall be

open during business hours on all days except

Saturdays, Sundays, and legal holidays, but the Chief

Justice may provide that the office of the appellate

clerk shall be open for specified hours on Saturdays,

Sundays, or legal holidays.

(b) The Docket; calendar; other records

required. The appellate clerk shall maintain a

docket, in such form and style as may be prescribed

by the Administrative Director of the Courts and

shall enter therein each case. The file number of

each case shall be noted on the docket. All

documents filed with the appellate clerk and all

process, orders, and judgments shall be entered

chronologically in the docket. Entries shall be brief

but shall show the nature of each document filed or

judgment or order entered. The entry of an order or

judgment shall show the date the entry is made. The

appellate clerk shall keep a suitable index of cases

contained in the docket.

The appellate clerk, upon receipt of the initial

document in any appeal or original proceeding, shall

assign to it a number. The appellate clerk shall

docket the record in each case when filed in the

appellate court and forthwith give notice thereof to

the parties. Cross-appeals shall be docketed under the

same number as the original appeal.

The appellate clerk shall prepare a calendar of

cases awaiting argument. In placing cases on the

calendar for argument, preference shall be given to

appeals in criminal cases and to appeals and other

proceedings entitled to preference by law.

The appellate clerk shall keep such other books

and records as may be required from time to time by

the Administrative Director of the Courts or as may

be required by the supreme court.

upon the entry of a non-final order, the appellate

clerk shall serve notice of entry and shall make note

of the service in the docket. Where a separate order

is not filed, the movant shall notify all other parties

of the court’s ruling and shall file a copy of the

notice.

(d) Custody of records and documents. The

appellate clerk shall have legal custody of the records

and documents of the appellate courts.

Conventionally filed documents shall be imaged

upon receipt and the paper disposed in accordance

with the applicable Records Control Schedule. The

electronic document shall be deemed the official and

original document thereafter. The appellate clerk

shall preserve copies of the briefs and appendices

and other documents filed by the parties on

microfilm or as electronic documents.

(e) Costs and fees to be collected by the

appellate clerk. Except as exempted by statute or

ordered by the appellate court, the appellate clerk

shall collect costs and fees required by Chapter 607

of the Hawai#i Revised Statutes or other statutes and

this Rule, as set out in Appendices B and C of these

Rules.

(1) FILING AND DOCKETING FEES. The appellate

clerk or the clerk of the court shall collect the filing

and docketing fees for each case type upon the filing

of the documents listed in Appendix B attached to

these Rules.

(2) COST FOR COPIES OF CASE DOCUMENTS,

REPORTS AND RECORDINGS. The appellate clerk shall

assess and collect fees for copies of case documents,

reports, and recordings as listed in Appendix C

attached to these Rules, including costs related to

electronic documents and subscription to Enhanced

eCourt Kôkua.

HRAP--30 (Release: 06/16)

HAWAI#I RULES OF APPELLATE PROCEDURE Rule 45

(3) JEFS USER REGISTRATION. An active

Hawai#i attorney or a self-represented party may

registered JEFS User may view and download

documents from the JEFS User’s open cases without

cost.

(4) DOCUMENT SUBSCRIPTION. Any person may

subscribe to access and copy single documents from

public court records. The subscription shall entitle

the subscriber to download one document at a time

from any public court record included in JIMS.

(5) Requests for other electronic access,

downloading, bulk distribution, or compilations of

electronic information and the like shall be directed

to the Administrative Director of the Courts. See

Rule 10.13 of the Hawai#i Court Records Rules.

(6) The appellate clerk shall charge the actual

cost of mailing copies of any item, provided that a

party who is not a JEFS User or represented by a

JEFS User shall not be charged for the mailing of the

first paper copy of an order, opinion, judgment, or

other item entered in the case by the appellate court.

(7) Parties to a pending case who are not JEFS

Users or who are not represented by a JEFS User,

shall not be charged for the first copy of the appellate

court’s order, opinion, judgment, or any other item

entered in the case by the appellate court, whether

provided on paper or electronically.

(8) A Hawai#i appellate court, or any judge or

justice thereof, may waive costs and fees for good

cause shown. In lieu of copying and mailing fees, the

Chief Justice may authorize the appellate clerk to

provide copies of orders, opinions, or other items to

publishing companies in exchange for published

materials or research services for the benefit of a

Hawai#i appellate court or the judiciary.

(9) No person or entity shall be permitted to

mine JIMS or eCourt Kôkua for data or documents.

The Administrative Director is hereby authorized to

take such actions as are necessary to protect JIMS

and other case management systems from such

activity.

(f) Intermediate Court of Appeals Panels.

(1) MERIT PANEL ASSIGNMENT. The appellate

clerk shall assign each appeal or statement of agreed

facts to a randomly selected merit panel upon receipt

of the last reply brief, upon receipt of a notice the last

reply brief will not be filed, or upon expiration of the

time when the last reply brief could have been filed.

(2) MERI T PANEL ASSI GNMENT FOR

CONSOLIDATED APPEALS. If a motion or request to

consolidate related appeals is granted, the appellate

clerk shall assign the consolidated appeal to the merit

panel to which the oldest related appeal was

assigned. If no previous merit panel assignment was

made, the appellate clerk shall assign the

consolidated appeal to a randomly selected merit

panel upon receipt of the last reply brief, upon

receipt of a notice the last reply brief will not be

filed, or upon expiration of the time when the last

reply brief could have been filed.

(3) NOTICE OF PANEL ASSIGNMENT. Upon

assignment of a case to a merit panel, the appellate

clerk shall notify the Chief Judge and the parties of

the identity of the merit panel members.

(4) DESIGNATION OF LEAD JUDGE BY CLERK;

WHEN REQUIRED. If the Chief Judge does not notify

the appellate clerk of the lead judge’s identity within

30 days after entry of the notice of panel assignment,

the appellate clerk shall randomly designate the lead

judge from among the panel members. The clerk

shall not disclose the identity of the lead judge

except as required for internal reports approved by

the Chief Justice.

(5) RECUSAL, DISQUAL IFI CATI ON, OR

UNAVAILABILITY. Upon receipt of a judge’s notice

of recusal or disqualification in any case, or upon

receipt of notice from the Chief Judge that a judge

assigned to a merit panel has been, is, or may be

unavailable due to illness, absence, or disability for

a period of more than 30 days, the appellate clerk

shall randomly select and assign to the merit panel a

judge from the remaining intermediate court of

appeals judges who are not known to be recused,

disqualified, or otherwise unavailable. If an

intermediate appellate judge is not available to

substitute because of vacancies, recusals,

disqualifications, or illness, absence or disability for

a period of more than 30 days, the appellate clerk

shall notify the Chief Justice who shall, in turn,

designate a substitute from those eligible to serve as

substitutes.

(Release: 06/16) HRAP--31

Rule 45 HAWAI#I RULES OF APPELLATE PROCEDURE

(g) Ex officio filing. The appellate clerk shall

be ex officio clerk of all the courts of records and, as

such, may accept documents for filing and issue

summons returnable in all such courts. A party that

files documents ex officio with the appellate clerk

shall forward the ex officio-filed documents to the

appropriate court of record.

(Amended November 23, 1994, effective

December 15, 1994; further amended December 6,

1999, effective January 1, 2000, further amended

June 15, 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 July 18, 2007, effective

January 1, 2008; further amended August 30, 2010,

effective September 27, 2010; further amended April

12, 2016, effective July 1, 2016.)

Rule 46. RESERVED.

Rule 47. RESERVED.

Rule 48. RESERVED.

Rule 49. THE COURT.

(a) Terms of court. The Hawai#i appellate

courts shall be deemed to be in continuous session.

(b) Signing of orders. Any justice or substitute

justice of the supreme court and any judge or

substitute judge of the intermediate court of appeals,

may sign any order of the appellate court on which

the judge or justice sits relating to any case or

proceeding pending before such court.

the office of the chief justice, or if the chief justice is

ill, absent, or otherwise unable to serve, the senior of

the associate justices available shall serve

temporarily in the chief justice's stead. Seniority for

such purpose shall be determined by the length of the

current service on the supreme court. The order of

seniority among associate justices with equal current

service on the court shall correspond to the order in

which they were admitted to practice before the

supreme court. The associate justices may, upon

unanimous agreement, designate from time to time or

for a particular case, any one of their number to act

as chief justice when the chief justice is for any

reason unable to serve. Such designation shall be in

writing and filed with the appellate clerk.

(d) Acting chief judge. In case of a vacancy in

the office of the chief judge, or if the chief judge is

ill, absent, or otherwise unable to serve, the senior of

the associate judges available shall serve temporarily

in the chief judge's stead. Seniority for such purpose

shall be determined by the length of the current

service on the court. The order of seniority among

associate judges with equal current service on the

intermediate appellate court shall correspond to the

order in which they were admitted to practice before

the supreme court. The associate judges may, upon

unanimous agreement, designate from time to time or

for a particular case, any one of their number to act

as chief judge when the chief judge is for any reason

unable to serve. Such designation shall be in writing

and filed with the appellate clerk.

(f) through (h). Deleted.

(Amended March 25, 1986, effective March 25,

1986; further amended December 6, 1999, effective

January 1, 2000.)

Rule 50. WITHDRAWAL, DISCHARGE, OR

SUBSTITUTION OF APPELLATE

COUNSEL.

(a) Withdrawal. An attorney desiring to

withdraw as counsel of record must file a motion

requesting leave therefor. The motion must show that

notice of the motion was given by service upon the

attorney's client. The notice must provide, if

available, the client’s physical and electronic mail

address to be used for service, and telephone number.

The appellate court may, in its discretion, grant or

deny such motion or, where appropriate, remand the

case for filing of a motion to withdraw.

(b) Withdrawal with substitution. A

substitution of counsel may be made by filing a

notice of withdrawal and substitution. The notice

must provide withdrawing counsel's name and

substituting counsel's name, physical and electronic

mail addresses to be used for service, and telephone

number. A notice of withdrawal and substitution of

counsel must be signed by the client consenting

thereto.

HRAP--32 (Release: 06/16)

HAWAI#I RULES OF APPELLATE PROCEDURE Rule 54

client's counsel of record must file a motion

requesting leave therefor. The motion must show

service upon the attorney. The appellate court may,

in its discretion, grant or deny such motion or, where

appropriate, remand the case for the filing of a

motion to withdraw.

(Amended December 6, 1999, effective January

1, 2000; further amended August 30, 2010, effective

September 27, 2010; further amended April 12, 2016,

effective July 1, 2016.)

Rule 51. SANCTIONS.

Any attorney of record or party in a case, who

fails to comply with any of the provisions of the

Hawai#i Rules of Appellate Procedure, the Hawai#i

Electronic Filing and Service Rules, or any order of

the court shall be subject to monetary or other

sanctions by the appellate court before which such

case is pending, such sanctions to be levied by order

of the appellate court or by order of any judge or

justice thereof.

(Added December 18, 1985, effective December

18, 1985; 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 August

30, 2010, effective September 27, 2010.)

Rule 52. DECLARATION IN LIEU OF

AFFIDAVIT.

In lieu of an affidavit, an unsworn declaration

may be made by a person, in writing, subscribed as

true under penalty of law, and dated, in substantially

the following form:

I, (name of person), declare under penalty of law

that the foregoing is true and correct.

DATED: ________________________.

________________________

Signature

(Added September 13, 1995, effective September

13, 1995.)

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. Whenever a federal district or bankruptcy

court terminates or otherwise grants relief from a

stay of proceedings that has been entered with

respect to a civil case in which an appeal is permitted

by law and no notice of appeal has been filed, the

provisions of Rule 4 of these Rules shall apply as if

the date of termination of, or other grant of relief

from, the stay was the date of entry of the judgment

appealed from; if a notice of appeal has been filed

but the record not yet docketed, provisions of Rules

10, 11, and 12 of these Rules shall apply as if the

date of termination of, or other grant of relief from,

the stay was the date of filing the notice of appeal; if

the record has been filed and briefing has not been

completed, the provisions of Rules 28, 29, and 30 of

these Rules shall apply as if the date of termination

of, or other grant of relief from, the stay was the date

of the filing of the last appropriate document.

(b) Notice. If any party has knowledge of a

bankruptcy action that stays an appeal, including

when a party files for bankruptcy while an appeal is

pending, the party with knowledge shall immediately

file a notice of bankruptcy with the appellate court.

The notice shall include the name of the federal

district or bankruptcy court, the case number of the

bankruptcy filing, and the date of its initiation. On

the termination of, or other grant of relief by the

federal district or bankruptcy court from a stay of

proceedings pending in the Hawai#i appellate courts,

each party with such knowledge shall file a

notification thereof with the appellate court within 7

days.

(Release: 12/18) HRAP--33

Rule 54 HAWAI#I RULES OF APPELLATE PROCEDURE

The state appellate court shall not consider motions

or requests for relief during the pendency of a

bankruptcy. Parties claiming that a bankruptcy stay is

not in effect shall file in the state appellate court a

certified copy of the order of the federal district or

bankruptcy court confirming the absence of a stay, or

vacating or modifying the stay, or otherwise granting

permission for the state case to proceed.

(Added December 6, 1999, effective January 1,

2000; further amended August 30, 2010, effective

September 27, 2010; further amended October 23,

2018, effective January 1, 2019; further amended

March 1, 2019, effective July 1, 2019.)

HRAP--34 (Release: 12/18)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 1

(TITLE OF COURT)

STATE OF HAWAI#I

A. B., Plaintiff, ) TRIAL COURT CASE NO. _________

)

v. )

)

C.D., Defendant. )

)

NOTICE OF APPEAL

Notice is hereby given that (appealing party), by and through his or her or its attorney, (name

of attorney), pursuant to section (cite relevant section of chapter 641 or other relevant statute), Hawai#i

Revised Statutes, and Rule 3 of the Hawai#i Rules of Appellate Procedure (and any other relevant rules

and cases), appeals to the Intermediate Court of Appeals of the State of Hawai#i from the (specify

whether final or interlocutory and describe judgment/order/decree/decision), filed herein on

__________________, and attached hereto as Exhibit "A" (if required under Hawai#i Rules of

Appellate Procedure Rule 3).

DATED: Honolulu, Hawai#i, ______________________________.

Attorney for Appellant

NOTE: If appeal is interlocutory, specify statute, rule, or case authorizing it.

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.

Appendix of Forms

(Release: 12/11) HRAP--35

Form 2 HAWAI#I RULES OF APPELLATE PROCEDURE

(TITLE OF AGENCY, ETC.)

OF THE STATE OF HAWAI#I

A.B., Plaintiff, ) AGENCY DOCKET NO. ______

)

v. )

)

C.D., Defendant. )

)

NOTICE OF APPEAL

Notice is hereby given that (appealing party), by and through his or her or its attorney, (name

of attorney), pursuant to (section 91-14 or other relevant section) of the Hawai#i Revised Statutes and

Rule 3 of the Hawai#i Rules of Appellate Procedure (and any other relevant rules and cases), appeals

to the Intermediate Court of Appeals of the State of Hawai#i from the decision and order of the

(agency) (specify whether final or interlocutory and describe order), filed herein on

____________________, and attached hereto as Exhibit "A" (if required under Hawai#i Rules of

Appellate Procedure Rule 3).

DATED: Honolulu, Hawai#i, ______________________________.

Attorney for Appellant

NOTE: If appeal is interlocutory, specify statute, rule, or case authorizing it.

Form 2. Notice of Appeal to the Intermediate Court of Appeals from a Decision and Order of an

Agency, Board, Commission or Officer.

HRAP--36 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 2a

(TITLE OF AGENCY, ETC.)

OF THE STATE OF HAWAI#I

A.B., Plaintiff, ) AGENCY DOCKET NO. ______

)

v. )

)

C.D., Defendant. )

)

NOTICE OF APPEAL

(As Related to Act 48)

Notice is hereby given that (appealing party), by and through his or her or its attorney, (name

of attorney), pursuant to (section 91-14 or other relevant section) of the Hawai#i Revised Statutes and

Rule 3 of the Hawai#i Rules of Appellate Procedure (and any other relevant rules and cases), appeals

to the Supreme Court of the State of Hawai#i from the decision and order of the (agency) (specify and

describe), filed herein on ____________________, and attached hereto as Exhibit "A" (if required

under Hawai#i Rules of Appellate Procedure Rule 3).

DATED: Honolulu, Hawai#i, ______________________________.

Attorney for Appellant

Form 2a. Notice of Appeal to the Supreme Court from a Decision and Order of an Agency, Board,

Commission or Officer.

(Release: 12/16) HRAP--36A

HAWAI#I RULES OF APPELLATE PROCEDURE

(This page intentionally left blank)

HRAP--36B (Release: 12/16)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 3

Form 3. Notice of Appeal to the Circuit Court from a Decision and Order of an Agency, Board,

Commission or Officer.

(Your name)

(Your address)

(Your telephone number)

IN THE CIRCUIT COURT OF THE (insert the judicial circuit no.) CIRCUIT

STATE OF HAWAI’I

(Your name), ) Civil No. _______________________

)

Appellant, ) Agency Docket No. _______________

)

v. )

) NOTICE OF APPEAL TO THE CIRCUIT

(Name of governmental official or agency whose ) COURT; STATEMENT OF THE CASE;

order or decision is being appealed); (Name(s) of ) EXHIBIT A; DESIGNATION OF

any other party to the proceeding before the ) RECORD ON APPEAL; ORDER FOR

official or agency), ) CERTIFICATION AND

) TRANSMISSION OF RECORD;

Appellee(s). ) CERTIFICATE OF SERVICE

)

NOTICE OF APPEAL TO THE CIRCUIT COURT

Notice is hereby given that (Your Name), Appellant above-named, pursuant to section (list

statutes that give the right to appeal the order or decision), Hawai#i Revised Statutes, and Rule 72 of the

Hawai#i Rules of Civil Procedure, hereby appeals to the Circuit Court of the (insert the judicial circuit no.)

Circuit from the (order or decision) of (Name of governmental official or agency whose order or decision

is being appealed) entered on (Date of order or decision). A copy of the (order or decision) is attached as

Exhibit A.

DATED: (Name of the City you are in), (State), (Date document is signed).

________(Your signature)_________________

(Print or Type your name here)

(Release: 12/12) HRAP--37

Form 4 HAWAI#I RULES OF APPELLATE PROCEDURE

Form 4. Affidavit to Accompany Motion for Leave to Appeal in Forma Pauperis.

IN THE (INTERMEDIATE COURT OF APPEALS or SUPREME COURT)

STATE OF HAWAI#I

A.B., Plaintiff, ) TRIAL COURT OR AGENCY CASE NO.

) _____________

v. )

)

C.D., Defendant. )

)

AFFIDAVIT IN SUPPORT OF MOTION FOR LEAVE

TO PROCEED ON APPEAL IN FORMA PAUPERIS

STATE OF HAWAI#I )

)

) SS.

COUNTY OF ___________ )

)

I, ____________________________________ being first duly sworn, depose and say that I am the

______________________________ in the above-entitled case; that in support of my motion to proceed

on appeal without being required to prepay fees, costs or give security therefor; I state that because of my

poverty I am unable to pay the costs of said proceeding or to give security therefor; that I believe I am

entitled to redress; and that the issues which I desire to present on appeal are the following:

(list issues)

I further state that the responses which I have made to the questions and instructions below relating

to my ability to pay the cost of prosecuting the appeal are true.

1. ARE YOU PRESENTLY EMPLOYED?

a. If the answer is yes, state the amount of your salary or wages per month and give the name

and address of your employer.

b. If the answer is no, state the date of your last employment and the amount of the salary and

wages per month which you received.

HRAP--38 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 4

2. HAVE YOU RECEIVED WITHIN THE PAST TWELVE MONTHS ANY INCOME FROM A

BUSINESS, PROFESSION OR OTHER FORM OF SELF-EMPLOYMENT, OR IN THE FORM OF

RENT PAYMENTS, INTEREST, DIVIDENDS, OR OTHER SOURCE?

a. If the answer is yes, describe each source of income, and state the amount received from each

during the past twelve months.

3. DO YOU OWN ANY CASH OR CHECKING OR SAVINGS ACCOUNT?

a. If the answer is yes, state the total value of the items owned.

4. DO YOU OWN ANY REAL ESTATE, STOCKS, BONDS, NOTES, AUTOMOBILES, OR OTHER

VALUABLE PROPERTY (EXCLUDING ORDINARY HOUSEHOLD FURNISHINGS AND

CLOTHING)?

a. If the answer is yes, describe the property and state its approximate value.

5. LIST THE PERSONS WHO ARE DEPENDENT UPON YOU FOR SUPPORT AND STATE

YOUR RELATIONSHIP TO THOSE PERSONS.

I understand that a false statement or answer to any questions in this affidavit will subject me to

penalties for perjury.

Subscribed and sworn to before me

this ____ day of ______, 20____.

Notary Public, State of Hawai#i

My commission expires:

[ ] Application granted.

[ ] Application denied for the following reason:

[ ] Appeal is not taken in good faith.

[ ] Applicant does not meet financial qualifications.

Judge/Justice of the above-entitled court

(Release: 12/11) HRAP--39

Form 5 HAWAI#I RULES OF APPELLATE PROCEDURE

Form 5. Reserved.

HRAP--40 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 6

Form 6

IN THE

THIS SPACE FOR OFFICE USE ONLY

________________________________________

(Court or Agency From Which Appeal is Taken)

CIVIL APPEAL DOCKETING STATEMENT

(For Use By The Appellate Mediation Program)

PLEASE ATTACH ADDITIONAL PAGES IF NECESSARY.

TITLE

Trial Court/Agency

Docket Number:

Is this a Cross-Appeal? _____ Yes _____ No

Has this matter previously been before the Hawai#i Appellate Courts?

_____ Yes _____ No

If yes, state when:

Case Name:

Docket Number:

CHECK AS MANY AS APPLICABLE

TRIAL COURT/AGENCY DISPOSITION

1. STAGE OF PROCEEDINGS 2. RELIEF

( ) Pre-Trial ( ) Damages:

Amount Sought: $__________

( ) During Trial

Amount Granted: $__________

( ) After Trial

( ) Other (Specify)

DESCRIPTION OF NATURE OF ACTION AND RESULT IN THE TRIAL COURT OR AGENCY:

(Rev. 09/11)

(Release: 12/11) HRAP--41

Form 6 HAWAI#I RULES OF APPELLATE PROCEDURE

ANTICIPATED ISSUES PROPOSED TO BE RAISED ON APPEAL:

DOES THIS APPEAL INVOLVE ANY OF THE FOLLOWING:

_____ Likelihood of a motion to expedite the appeal.

_____ Likelihood of motions to stay appeal pending resolution of a related case. Identify case

name, docket number, and court or agency:

_____ Other procedural complexities. If so, please identify them:

Appellants’ Names:

COUNSEL FOR APPELLANTS: TRIAL COUNSEL FOR APPELLANT(S)

(If different from appeal counsel)

NAME: NAME:

ADDRESS: ADDRESS:

TELEPHONE ( ) TELEPHONE ( )

EMAIL: EMAIL:

Page 2

(Rev. 09/11)

HRAP--42 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 6

I CERTIFY THAT A COPY OF THIS CIVIL APPEAL DOCKETING STATEMENT WAS SERVED

ON EACH PARTY/COUNSEL SHOWN ON THE ATTACHED SERVICE LIST.

_________________________________________________ ________________________________

Signature Date

REMEMBER TO ATTACH COPIES OF:

(1) THE ORDER/JUDGMENT APPEALED FROM;

(2) ANY WRITTEN OPINION OR FINDINGS OF FACT AND CONCLUSIONS OF LAW

SUPPORTING THE ORDER/JUDGMENT; AND

(3) PROOF OF SERVICE ON ALL OTHER PARTIES TO THE TRIAL COURT OR AGENCY

PROCEEDINGS (WITH TELEPHONE NUMBERS AND EMAIL ADDRESSES)

Page 3

(Rev. 09/11)

(Release: 12/11) HRAP--43

Form 7 HAWAI#I RULES OF APPELLATE PROCEDURE

Form 7

NO. _________

IN THE (SUPREME COURT or INTERMEDIATE COURT OF APPEALS)

OF THE STATE OF HAWAI‘I

IN RE ATTORNEYS' FEES AND ) TRIAL COURT CASE NO. _________

NECESSARY EXPENSES FOR )

)

_____________________________, )

)

Defendant-Appellant. )

____________________________________ )

REQUEST AND DECLARATION OF COUNSEL

In accordance with Hawai#i Rules of Appellate Procedure (HRAP) Rule 39(d), I,

___________________________, Defendant-Appellant’s attorney, request compensation for necessary

and authorized expenses and attorneys’ fees incurred on appeal on Defendant-Appellant's behalf and, in

conjunction herewith aver, as follows:

1. I was appointed to represent Defendant-Appellant __________________ by order of the

______________court of the _____________circuit, on ________________, which order is attached as

Appendix A.

2. I request reimbursement for necessary and authorized expenses as follows:

Expense Amount Authority

TOTAL EXPENSES $ ______

A true and correct itemized accounting of these necessary expenses, including relevant invoices

and receipts, is attached as Appendix B.

Page 1

HRAP--44 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 7

3. I have expended the following hours in attorney work for this appeal and, pursuant to Hawaii

Revised Statutes § , request amounts as follows:

Activity Hours Amount

a. Correspondence, Interviews and

Conferences

@ $ $

b. Obtaining & Reviewing Records @ $ $

c. Legal Research @ $ $

d. Drafting @ $ $

e. Oral Argument (In-court) @ $ $

f. Other (Specify) @ $ $

TOTAL FEES $

Attached hereto as Appendix C are hourly worksheets, prepared in accordance with HRAP Form

7 and contemporaneously with the work performed as noted thereon and truthfully reflecting the amount

of work actually performed in the representation of the Defendant-Appellant.

I, , declare under penalty of law, as provided by HRAP Rule 52,

that the foregoing is true and correct.

DATED:

Page 2

(Release: 12/11) HRAP--45

Form 7a HAWAI#I RULES OF APPELLATE PROCEDURE

n)ent RepresentatioANK HOURLY WORKSHEET (Indig. BLa 7rmFo

er: ellate Case NumbpAp

)yif

her

pec

ent

)

ourt

rgum

Oral

n-c

ing tDraf

hearc

Legal

Res

&aining

iewing

ords

Obt

Rev

Rec

epondenc

iews

erenc

Corres

ervntI

Conf

eagis pr th

yit

tal fo

ivtc

-To

GRAND TOTAL

00, 2ly 1

, effective Ju10

ion

0, 2

ript

y 7

cDes

a M

rief

(Ad

eDat

HRAP--46 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 7b

n)ent RepresentatioED HOURLY WORKSHEET (Indigb. COMPLET 7rmFo

er: ellate Case Numb

5432

pAp

)yif

her

pec

ent

)

ourt

rgum

. v

Oral

n-c

tea

ing

tfDra

hearc

Legal

Res

&aining

iewing

ords

Obt

Rev

Rec

epondenc

iews

erenc

Corres

erv

ntI

Conf

0, 2

is p

ly 1

eal

iew

r th

ictio

ment

f rev

f ap

scrip

tal fo

risd

tcA

tice o

f ju

GRAND TOTAL

tr re: tran

s o

eal

-To

e case

ard

rief

t o

f th

r ap

, effective Ju

fer w/ ct. rp

are statemen

rief

ion

raft n

rief

scrip

t o

raft stan

es fo

ript

rief

swerin

ce w/ clien

, 2y 7

Des

feren

iew file/d

iew reco

iew tran

issu

iew an

Med

rief

rep

rev

nco

call ct. re: amen

raft statemen

rev

raft statemend

research

raft o

raft rep

rev

teleco

d(Ad

Dat

(Release: 12/11) HRAP--47

Form 8 HAWAI#I RULES OF APPELLATE PROCEDURE

Form 8

NO. _________

IN THE (SUPREME COURT or INTERMEDIATE COURT OF APPEALS)

OF THE STATE OF HAWAI‘I

________________________________, ) ____ NO. _________

)

Plaintiff-__________, )

)

v. )

________________________________, )

)

Defendant-________. )

______________________________________)

REQUEST AND DECLARATION OF COUNSEL

In accordance with Hawai#i Rules of Appellate Procedure (HRAP) Rule 39(d), I,

___________________________, attorney for __________________, request compensation for costs and

attorneys’ fees and, in conjunction herewith aver, as follows:

1. (Appellant or Appellee) prevailed in this appeal.

2. I request reimbursement for necessary and authorized costs as follows:

Item Amount Authority

a. $ ____________

b. $ ____________

c. $ ___________

d. $ ____________

TOTAL COSTS $

A true and correct itemized accounting of these costs, including relevant invoices and receipts, is

attached as Appendix A.

Page 1

HRAP--48 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 8

3. I have expended the following hours in attorney work and, pursuant to Hawaii Revised Statutes

§ or , am entitled to charge the following amounts for this appeal:

Activity Hours Amount

a. Correspondence, Interviews and Conferences ______ @ $ _____ $ _______

b. Obtaining & Reviewing Records ______ @ $ _____ $ _______

c. Legal Research ______ @ $ _____ $ _______

d. Drafting ______ @ $ _____ $ _______

e. Oral Argument (In-court) ______ @ $ _____ $ _______

f. Other (Specify) ______ @ $ _____ $ _______

TOTAL FEES ______ $ _______

Attached hereto as Appendix B are hourly worksheets, prepared in accordance with HRAP Form

8 and contemporaneously with the work performed as noted thereon and truthfully reflecting the amount

of work actually performed in the representation of (Appellant or Appellee) ________________.

Additional information [including the language of the contract authorizing attorneys' fees] and authority

[including appropriate case authority] supporting my request for costs and attorneys' fees is included in the

memorandum of law attached hereto.

I, _______________________, declare under penalty of law, as provided by HRAP Rule 52, that

the foregoing is true and correct.

DATED: _______________________

___________________________________

Page 2

(Release: 12/11) HRAP--49

Form 8a HAWAI#I RULES OF APPELLATE PROCEDURE

n)ent Representation-IndigANK HOURLY WORKSHEET (No. BLa 8rmFo

er: ellate Case NumbpAp

)yif

her

pec

ent

)

ourt

rgum

Oral

n-c

ing tDraf

hearc

Legal

Res

&aining

iewing

ords

Obt

Rev

Rec

epondenc

iews

erenc

Corres

ervntI

Conf

eagis pr th

yit

tal fo

ivtc

-To

GRAND TOTAL

00, 2ly 1

, effective Ju10

ion

0, 2

ript

y 7

cDes

a M

rief

(Ad

eDat

HRAP--50 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 8b

n)ent Representation-IndigED HOURLY WORKSHEET (Nob. COMPLET 8rmFo

er: ellate Case Numb

5432

pAp

)yif

her

pec

ent

)

ourt

rgum

. v

Oral

n-c

tea

ing

tfDra

hearc

Legal

Res

&aining

iewing

ords

Obt

Rev

Rec

epondenc

iews

erenc

Corres

erv

ntI

Conf

0, 2

is p

ly 1

eal

iew

r th

ictio

ment

f rev

f ap

scrip

tal fo

risd

tcA

tice o

f ju

GRAND TOTAL

tr re: tran

s o

eal

-To

e case

ard

rief

t o

f th

r ap

, effective Ju

fer w/ ct. rp

are statemen

rief

ion

raft n

rief

scrip

t o

raft stan

es fo

ript

rief

swerin

ce w/ clien

, 2y 7

Des

feren

iew file/d

iew reco

iew tran

issu

iew an

Med

rief

rep

rev

nco

call ct. re: amen

raft statemen

rev

raft statemend

research

raft o

raft rep

rev

teleco

d(Ad

Dat

(Release: 12/11) HRAP--51

Form 9 HAWAI#I RULES OF APPELLATE PROCEDURE

Form 9

STATE OF HAWAI#I

THIS SPACE FOR OFFICE USE ONLY

In the ____________ Court of the ________ Circuit or

Agency:

____________________________________________

REQUEST FOR TRANSCRIPT(S) OF PROCEEDINGS

G Check here if request is for Record on Appeal

Trial Court/Agency Case Number: Appellate Case Number:

Requestor's Name:

Firm (if applicable):

Address:

vs.

Phone No.:

Fax No.:

Email address:

Attorney for: G Plaintiff/Petitioner G Defendant/Respondent

G Other (specify):

PROCEEDINGS RECORDED BY:

Name of Court Reporter (if applicable):

G Court Reporter G Check here if proceedings are

G Electronic Recorder confidential.

(Please complete a separate request for each court reporter)

Date(s) of proceeding(s) Type of proceeding (e.g. trial, Portion of proceeding for which

Name of Judge/Hearing Officer/Agency

motion, sentencing, etc.) transcript is being requested

Date notice of appeal filed:

Is a Court Reporter's Certificate of Prepayment or Waiver of Payment attached, or is a deposit of

fees being made? G Yes G No

Date transcript(s) needed:

Requestor's signature: Date:

ACKNOWLEDGMENT AND RECEIPT

For official use only

Date request received: Estimated completion date:

Court reporter's signature:

In accordance with the Americans with Disabilities Act, and other applicable State and Federal laws, if you require an accommodation for a disability when working with

a court program, service, or activity please contact the Chief Clerk, Supreme Court Clerk’s Office at PHONE NO. 539-4919, FAX 539-4928, or TTY 539-4853 at least

ten (10) working days before your proceeding, hearing, or appointment date.

HRAP Form 9 (04/11) Page 1

HRAP--52 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Form 9

General Instructions for Requesting

Transcripts of Trial Court Proceedings for Appeal Purposes

Note: Please refer to Rule 10 of the Hawai#i Rules of Appellate Procedure for the specific

requirements for requesting transcripts for appeal purposes.

1. Use a separate request form for each court reporter being asked to transcribe proceedings. You

may list on one form multiple dates of proceedings to be transcribed by the same court reporter.

2. Use a separate request form to request transcripts of electronically-recorded proceedings from the

supervising court reporter for a court, or if there is none, the administrator of the court whose

proceedings are to be transcribed. You may list multiple dates of proceedings to be transcribed on

one form.

3. Within 10 days after filing a notice of appeal, you must file the request for transcripts with the

appellate clerk. The request must be accompanied by one of the following (unless you are statutorily

exempt from the transcript prepayment or deposit requirement by HRS § 606-13):

a. a certificate from each named court reporter that the fees for the reporter's services have been

paid or waived;

b. a deposit with the court reporter of the approximate cost of the transcript fees, as computed by

the court reporter in advance in writing at the rate established by the Hawai#i Rules Governing

Court Reporting; or

c. a deposit with the court reporter 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.

HRAP Form 9 (04/11) Page 2

(Release: 12/11) HRAP--53

Appendix A HAWAI#I RULES OF APPELLATE PROCEDURE

Appendix A

The following is a list of the number of paper copies required in addition to the electronic or

conventionally filed original document submitted to the Hawai#i appellate courts. The number does not

include those copies the parties need for service or themselves. Additional copies may be requested.

Supreme Court ICA

Amicus Curiae Briefs 6 4

Motion for Stay 1 1

Motion to Dismiss 1 1

Motion for Reconsideration 1 1

Opening/Answering/Reply Briefs 6 4

Petition for Writ of Mandamus 1 --

Petition for Writ of Prohibition 1 --

Request for Attorneys' Fees and Expenses 1 1

Supplemental Briefs 6 4

Verified Bill of Costs 1 1

HRAP--54 (Release: 12/11)

HAWAI#I RULES OF APPELLATE PROCEDURE Appendix B

APPENDIX B

(HRAP Rule 45(e)(1) -- Filing fees)

Appellate

Court

Case Type

Document

Name/Type

Description of Fees and

Authorizing Statute/Rule

Fee(s)

Agreed

Statement

Submission Upon a

Statement of Agreed Fact

Appellate Court Filing Fee

HRS § 607-6(a)

$100

Indigent Services Surcharge

HRS § 607-5.7(c)

$50 from January

1, 2012 through

December 31,

2013; $65 from

January 1, 2014

Appeal Notice of Appeal or

Cross-Appeal

District or District Family

Court - Civil

Appellate Court Filing Fee

HRS § 607-6(a)

$100

Notice of Appeal from District

Court or District Family Court

HRS § 607-4(b)(4)

$100

Civil Administrative Fee

HRS § 607-4(b)(10)

$20

Indigent Services Surcharge

HRS § 607-5.7(c)

$50 from January

1, 2012 through

December 31,

2013; $65 from

January 1, 2014

Appeal Notice of Appeal or

Cross-Appeal

Circuit Court - Civil

Appellate Court Filing Fee

HRS § 607-6(a)

$100

Notice of Appeal from Circuit

Court

HRS § 607-5(c)(23)

$100

Civil Administrative Fee

HRS § 607-5(c)(32)

$50

Indigent Services Surcharge

HRS § 607-5.7(c)

$50 from January

1, 2012 through

December 31,

2013; $65 from

January 1, 2014

(Release: 12/12) HRAP--55

Appendix B HAWAI#I RULES OF APPELLATE PROCEDURE

Appellate

Court

Case Type

Document

Name/Type

Description of Fees and

Authorizing Statute/Rule

Fee(s)

Appeal Notice of Appeal or

Cross-Appeal

District, District Family,

or Circuit Court -

Criminal

Appellate Court Filing Fee

HRS § 607-6(a)

$100

Appeal Notice of Appeal or

Cross-Appeal

Agency

Appellate Court Filing Fee

HRS § 607-6(a)

$100

Civil Administrative Fee

HRS § 607-5(c)(32)

$50

Indigent Services Surcharge

HRS § 607-5.7(c)

$50 from January

1, 2012 through

December 31,

2013; $65 from

January 1, 2014

Appeal Notice of Appeal or

Cross-Appeal

(Others)

Appellate Court Filing Fee

HRS § 607-6(a)

$100

Civil Administrative Fee

HRS § 607-5(c)(32)

$50

Indigent Services Surcharge

HRS § 607-5.7(c)

$50 from January

1, 2012 through

December 31,

2013; $65 from

January 1, 2014

HRAP--56 (Release: 12/12)

HAWAI#I RULES OF APPELLATE PROCEDURE Appendix B

Appellate

Court

Case Type

Document

Name/Type

Description of Fees and

Authorizing Statute/Rule

Fee(s)

Attorney Report & Not applicable None

Discipline Recommendation for

Discipline

RSCH Rule 2.12A

Motion

RSCH Rule 2.17

Affidavit for

Reinstatement

RSCH Rule 2.17

Report Regarding

Petition for

Reinstatement

RSCH Rule 2.19

Petition

RSCH Rule 2.20

Petition for

Appointment of Trustee

RSCH Rule 2.23

Petition for Interim

Suspension

Bar Application for Admission Bar Application Fee $400 effective for

Admission RSCH Rule 1.4(a) the July 2013 bar

exam

$500 ef

fective for

the February 2014

bar exam and

thereafter

Oath of Attorneys Attorney Licensing Fee $10

HRS § 605-5

Certified Certified Question Appellate Court Filing Fee $100

Question HRS § 607-6(a)

Indigent Services Surcharge $50 from January

HRS § 607-5.7(c) 1, 2012 through

December 31,

2013; $65 from

January 1, 2014

Certiorari Application for a Not applicable None

Proceedings Writ of Certiorari

(Release: 12/12) HRAP--57

Appendix B HAWAI#I RULES OF APPELLATE PROCEDURE

Appellate

Court

Case Type

Document

Name/Type

Description of Fees and

Authorizing Statute/Rule

Fee(s)

Election Complaint Appellate Court Filing Fee $100

Contest HRS § 607-6(a)

Indigent Services Surcharge $50 from January

HRS § 607-5.7(c) 1, 2012 through

December 31,

2013; $65 from

January 1, 2014

Judicial Complaint Letter Not applicable None

Discipline

Miscellaneous Court Order Not applicable None

Other Petition, general Appellate Court Filing Fee $100

HRS § 607-6(a)

Petition for Writ

(Mandamus, Prohibition,

Habeas Corpus, etc.)

Petition to Resign and

Surrender License

Indigent Services Surcharge $50 from January

HRS § 607-5.7(c) 1, 2012 through

December 31,

2013; $65 from

January 1, 2014

Reserved Reserved Question Not applicable None

Question

Rules Proposed Rule Amendments Not applicable None

Transfer Application for Not applicable None

Proceedings Transfer

HRAP--58 (Release: 12/12)

HAWAI#I RULES OF APPELLATE PROCEDURE Appendix C

APPENDIX C

(HRAP Rule 45(e)(2) -- Copying Costs)

1. For single copies of any document in any public record, whether paper or electronic, maintained:

a. in or accessed through the appellate clerk’s office $1.00 for the first page,

$ .50 for each additional page

b. in an off-site storage location $5.00 plus per page copying charge

c. on microfilm - retrieved by the clerk $5.00 plus $1.00 per page

d. on microfilm - obtained via self-service $1.00 per page

2. For faxing of any document in any public record, the applicable copying and retrieval charges in

1. above, plus:

a. within Hawai#i $2.00 first page,

$1.00 each additional page

b. outside Hawai#i, within the United States $5.00 first page,

$2.00 each additional page

c. outside the United States $10.00 first page,

$ 5.00 each additional page

3. For a single document downloaded through eCourt Kôkua

and not subject to an Enhanced eCourt Kôkua

subscription

The greater of $3.00 or 10 cents per

page

4. For copy of an audio or video recording $10.00

5. Enhanced e-Court Kôkua Subscription:

a. government agency No charge

b. all others $125.00 per quarter or

$500.00 per year

6. For access to view an electronic case record at the Office

of the Clerk or at the Office of any ex officio Clerk

No charge

7. For certification of qualification $5.00

8. For ex officio filing (in addition to the usual filing fee) $10.00

9. For certification under seal of a copy of any document $2.00

10. For exemplification $4.00

(Release: 12/11) HRAP--59

Download
Save PDF to desktop

Email
Email completed PDF

Send for Signing
Email for others to sign

Print
Print document

NAME

HAWAII RULES OF (Hawaii State Judiciary)

View Audit Log
Print With Audit Log
Duplicate Document

Fill Online, Printable, Fillable, Blank HAWAI#I RULES OF (Hawaii State Judiciary) Form

Related forms

Fillable HAWAI#I RULES OF (Hawaii State Judiciary)

Fill Online, Printable, Fillable, Blank HAWAI#I RULES OF (Hawaii State Judiciary) Form

Related forms

First 20 documents completely FREE!