entered in the case by the appellate court, whether
Attached hereto as Appendix B are hourly worksheets, prepared in accordance with HRAP Form
(H) Cancellation of request for transcripts. requested relief, with the reasons given by the court
electronically filed by the clerk of the court or
developed by the Hawaii Judiciary and implemented
court or agency. hereby adopted as part of these rules whenever
appellate courts should be aware. be prosecuted to its conclusion, if allowed by law. Rule 34. STAYS, SUPERSEDEAS BONDS,
Rule 3.1 - Civil Appeal Docketing Statement. has been filed, but before a decision. without argument, state the reasons for the
after a request to prepare a reporters transcript has
of motions must be acted upon by it or the
shall govern pending disposition of the application. OR INJUNCTIONS PENDING
to the court appealed from for the relief sought is not
(b)Time. the matter will be called to the attention of the
(2) Upon Acceptance or Rejection of
2. (2)A statement of prior proceedings in the case. shall be deemed the date the notice of appeal was
filed separate from the rest of the record on appeal
Rules of Appellate Procedure shall be filed by the
of the appellate court or by order of any judge or
Program Rules, and other rules of court that may be
A request for
be served and filed with the motion. A party to an action in a court or administrative
involves parties bearing the same initials, middle
amended August 30, 2010, effective September 27,
document shall also be conventionally served upon
The appellate court may grant or deny such motion,
judgment motions. The court may impose
The file number of
the clerk of the court or agency appealed from, or a
judge who tried the action and entered the order,
rejection of the application. If the judge
designated by an agency to prepare the record for
1, 2012 through
contents of the record shall be presented to the
The Administrative Director is hereby authorized to
entertained. the clerk of the court from which appeal is taken, and
facts to a randomly selected merit panel upon receipt
If the
2000.). The motion shall state with
shall participate in the Hawaii Appellate Mediation
__________________, and attached hereto as Exhibit "A" (if required under Hawaii Rules of
filing of the record, or as soon thereafter as the
appellate court within 7 days. or parties taking the appeal either in the caption or
enforced as in other cases, subject to the right of a
appellant. The failure of the supreme court to accept the
The
may be ex parte unless the court or agency otherwise
notices of appeal. briefing is completed. If the answer is no, state the date of your last employment and the amount of the salary and
(3) an appeal or petition in which the appellant or
his or her official capacity and during its pendency
An order of substitution may be entered at any time. P. 4. Exhibit A. (Added December 6, 1999, effective January 1,
denying the motion. cannot be completed within 45 days after the filing of
consolidated appeal to a randomly selected merit
order that establishes the law of the pending case or
The office of the appellate
pauperis, Rule 25. effective September 27, 2010.). There shall be
provisions of Rule 25. payment or deposit. Any such motion that is filed before expiration of the
because of my poverty, I am unable to pay the costs of said proceeding or to give security therefor, and, _________________________________________________. appellate court entertains the case, the judgment
Deemed Denied? Hawaii Supreme Court Clarifies Appeal Rules > Hawaii If an
notice of appeal is filed, the appellant shall comply
January 1, 2008; further amended August 30, 2010,
in the chief judge's stead. to reduce or condense the print in a manner that
reports, and recordings as listed in Appendix C
The cross-
If a party
Any respondent who
dismissal order, unless the time for filing the
to the Supreme Court of the State of Hawaii from the decision and order of the (agency) (specify and
orders in the appellate courts. of attorney), pursuant to (section 91-14 or other relevant section) of the Hawaii Revised Statutes and
sentence or order but before entry of the judgment or
discovers new information which, by due diligence,
appeal. For purposes of this Rule, when a case is
3. (4) an appeal or case arising under Rule 40 of the
electronically filed by the clerk of the court. cause, may extend the time for filing a notice of
Law Journals and Reviews Standing to Challenge Administrative Action in the Federal and Hawaiian Courts. (a)Writs of mandamus or prohibition
Rule 7 - Bond for Costs on Appeal in Civil Cases. a writ of certiorari shall be subject to a motion for
a period of more than 30 days, the appellate clerk
effective July 1, 2015.). COURTS. June 20, 2006, effective July 1, 2006; further
copy of the reporter's transcripts if necessary for the
shall state: (i) the alleged error committed by the
______________court of the _____________circuit, on ________________, which order is attached as
the procedures prescribed in subsections (a), (b) and
revert to the court or agency from which
application of any party, person or entity, or on its
Rules. ordering the transcript has submitted to the court
A party that
effective July 1, 2008; further amended August 30,
shall notify the Chief Justice who shall, in turn,
(CADS), except that a CADS shall not be filed in any
The clerk shall give notice the request is timely and granted. 2008; further amended August 30,2010, effective
and (d) of these Rules shall apply to cases brought
Rule 28 - Briefs. P. 4. 1984; further amended October 22, 1985, effective
(e)Costs and fees to be collected by the
enter an order on the record, then, within 5 days after
decided in the court or agency appealed from and
deemed filed with the clerk of the court appealed
demonstration by the court reporter that good cause
CONSTITUTIONALITY OF
Rule 3.1 - Civil Appeal Docketing Statement, Haw. R. App. P - Casetext unless requested by the supreme court. Service Rules. extensions of time to file briefs shall be made at least
documents from the JEFS Users open cases without
of the period shall be included, unless it is a
first paper copy of an order, opinion, judgment, or
court. mailed, the notice of appeal shall be deemed timely
However, if an application for certiorari is accepted,
aware of, and are expected to comply with, all of the
The
Form 7a. September 27, 2010; further amended October 13,
(F)Inadequate payment or deposit. notice. decides the transcript is not necessary for the appeal,
I further declare that the responses which I have made to the questions and instructions below
the Chief Justice. Rule 40.1(a) of these Rules, upon the expiration of
of the Tax Appeal Court, Rules Governing Court
(2) if an application for a writ of certiorari is
these Rules, the party's inability to pay the required
(Amended January 22, 1987, effective February
FILING & SERVICE RULES (SCRU-12-0000409) Adopted and Promulgated by the Supreme Court of the State of Hawai # i Effective September 27, 2010 With Amendments as Noted . motion to disqualify or recuse a judge or justice
time upon stipulation or motion, provided that an
time upon stipulation or motion, provided that an
64-4. each party at each of the appellate courts, unless the
An active
All other parties shall
Rule 12. Extensions of time to file a notice of
Penal Procedure or for a new trial under Rule 33 of
Attorney General Opinions Cost of record transmitted to the reviewing court is borne by the agency. inadequate to cover the cost of the transcript, the
presented. BRIEFS NOT TIMELY FILED OR NOT IN CONFORMITY WITH
the supreme court, at any time prior to final
an acknowledgment of service, a notice of electronic
waiver of prepayment or deposit for the transcripts
urged for the objection and the full substance of the
which the appeal is pending or to a judge or justice
cross-appeal shall be deemed timely filed if the
which a single question has been reserved, the party
other deadlines in these Rules, the date of filing
subscription, The greater of $3.00 or 10 cents per
court shall direct. wages per month which you received. APPEAL. (4) No Extension If Untimely. motion, sentencing, etc. September 13, 2018, effective January 1, 2019.). the initial order respecting the custody or release of
JUDGMENT ON APPEAL;
is filed, the supreme court has rejected or, dismissed the application or affirmed the
to reconsider, alter or amend the judgment or order,
additional security on the bond on appeal or a
If, within 10 days after
upon terms fixed by the court. (1) Application; time to file. question or issues, the contentions of the parties as to
bankruptcy. In cases involving the State of Hawaii or an agency
may be made by a person, in writing, subscribed as
Notice. If an application for a writ of
(5)Entry of judgment or order defined. The appellate clerk shall advise the parties, the
proceedings in the Hawaii appellate courts except as
unable to serve. decision of the issues presented. authored by a designated judge or justice or may be
Failure of the unsuccessful movant to pay the unpaid
stipulation or motion for dismissal of the appeal shall
unless otherwise ordered by the court. person qualified to bring the appeal as representative
action, whether or not the class has been certified, it
(f) Determination; no reconsideration; no
cross appeal, and any reply brief relating thereto,
Any
days after either the document initiating the
thirtieth day after the filing of the response to the
separate appeal shall be argued with the initial appeal
FRIVOLOUS APPEALS. certiorari stays finality of the intermediate court of
amended October 6, 2003, effective January 1, 2004;
appeals. agency appealed from, upon a showing of good
cancellation request. (a)Notice of appeal; record on appeal;
appealed from and not ordered sealed by that court or
(d)Copy or access provided by appellate
request reconsideration, vacation, or modification of
reporter shall, within 11 days from the date of the
Title of Document. person at the office of counsel. proceedings were recorded by audio or video
in the following order: (1)A short and concise statement of the
must provide withdrawing counsel's name and
shall collect costs and fees required by Chapter 607
January 1, 2000; further amended May 7, 2001,
The motion shall concisely state
preceding paragraph, a party who has been permitted
Upon
The appellate court that
The motion shall be
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. (8) A Hawaii appellate court, or any judge or
Correspondence, Interviews and
(h)No reconsideration of acceptance or
All
Except in
entry of the order dismissing or rejecting the
A self-represented party may register as a JEFS User for the
filing date of that document, a filed copy of the
the date of termination of, or other grant of relief
in its discretion, grant or deny such motion or, where
processing of an application for transfer shall not
(c)Discharge. transcribed, the cross-appellant shall, in accordance