DATED: Honolulu, Hawai‘i, April 3, 2008.
CHILD
PROTECTIVE PILOT PROJECT RULES
Rule 1.
EXTENSIONS OF TIME.
Extensions of time for any act required by these
rules or the Hawai‘i Rules of Appellate Procedure, including the filing
of a notice of appeal or cross-appeal under Rules 4(a)(4) and 4.1(e) of
the Hawai‘i Rules of Appellate Procedure, shall be granted only upon
clear and convincing proof of extraordinary cause, e.g., death, serious
illness, or local, state, or national disaster or emergency.
Rule 2.
NOTICE OF APPEAL.
When an appeal is permitted by law, the notice of
appeal shall be filed within 15 days after entry of the judgment or
appealable order or decree. If the appeal is not filed within the
15-day period, but is otherwise filed within the time permitted by Rule
4 of the Hawai‘i Rules of Appellate Procedure, the appeal shall not be
dismissed for lack of jurisdiction, but the appellate court shall
require the late-filing party or counsel to show cause as to why the
party or counsel did not comply with the 15-day filing
requirement. Absent good cause, the court shall assess an
appropriate monetary sanction against the responsible party or counsel.
Rule 3.
NOTICE OF CROSS-APPEAL.
A notice of cross-appeal shall be filed within 5
days after the notice of appeal is served. If the notice of
cross-appeal is not filed within the 5-day period, but is otherwise
filed within the time permitted by Rule 4.1 of the Hawai‘i Rules of
Appellate Procedure, the cross-appeal shall not be dismissed for lack
of jurisdiction, but the appellate court shall require the late-filing
party or counsel to show cause as to why the party or counsel did not
comply with the 5-day filing requirement. Absent good cause, the
court shall assess an appropriate monetary sanction against the
responsible party or counsel.
Rule 4.
POST-JUDGMENT MOTIONS.
If a timely post-judgment motion is filed in the
family court, the 15-day period for filing the notice of appeal shall
commence when the order disposing of the motion is filed, provided that
the order deciding the motion shall be filed in the record within 30
days after the motion was filed. If an order deciding the timely
post-judgment motion is not filed within the 30-day period, the motion
shall be deemed denied on the 30th day, and the time from which to file
the appeal shall commence on that day.
Rule 5.
SIGNATURE OF DILIGENT SEARCH.
The notice of appeal shall be signed by appellant’s
counsel and by appellant, unless appellant is a minor child or a state
agency. Counsel filing a notice of appeal without appellant’s
signature shall contemporaneously file a certification that
substantially complies with the Counsel’s Certificate of Diligent
Search form attached to these rules as Exhibit 1.
Rule 6.
TRANSCRIPTS.
Appellant shall file the appellant’s request for
transcripts when appellant files the notice of appeal. If all
transcripts are not ordered, appellant shall serve the request for
partial transcripts on appellee, along with a statement of points of
error the appellant intends to present on appeal, and appellee shall
request any other transcripts desired no later than 5 days after
appellee was served with appellant’s request and statement. The
Office of the Chief Court Administrator shall require that the
transcripts are prepared and filed with the record on appeal. If
a transcript is made from a recorded proceeding, the Office of the
Chief Court Administrator may have the transcript prepared and
certified by any court employee, notwithstanding the provisions of Rule
2 of the Rules Governing Court Reporters. When the transcript is
prepared by an employee other than a court reporter, the clerk of the
trial court shall charge the amount charged for copying documents and
shall deposit the proceeds in the general fund, provided that the court
may waive the transcript fee upon motion and a showing of good
cause. If the transcript is not prepared and filed timely, the
appellate court shall require the court reporter or
employee-transcriber to show cause as to why the court reporter or
employee-transcriber should not be sanctioned and, upon failure to show
good cause, shall impose an appropriate sanction.
Rule 7.
RECORD ON APPEAL.
The clerk of the trial court shall transmit the
record, including transcripts, if any, to the appellate court clerk no
later than 40 days after filing of the notice of appeal. In lieu
of a paper record, the clerk of the trial court may submit an imaged
record in accordance with the provisions of Rule 11(b) of the Hawai‘i
Rules of Appellate Procedure.
Rule 8.
CIVIL APPEALS DOCKETING STATEMENT.
A Civil Appeals Docketing Statement shall not be
filed.
Rule 9.
STATEMENT OF JURISDICTION.
The statement of jurisdiction required by Rule 12.1
of the Hawai‘i Rules of Appellate Procedure shall be filed within 5
days after the record on appeal is filed.
Rule 10. ABBREVIATED
BRIEFS.
(a) Abbreviated Opening Brief.
Unless otherwise permitted by the appellate court pursuant to Rule 1 of
these rules, appellant shall file an abbreviated opening brief no later
than 30 days after the record on appeal is filed. The abbreviated
opening brief shall substantially comply with the form and format of
the sample attached to these rules as Exhibit 2. Unless otherwise
permitted by the appellate court for good cause, the abbreviated brief
shall not exceed 25 pages, excluding the flyleaf, certificate of
service, and attachments, and shall comply with all other provisions of
Rule 32 of the Hawai‘i Rules of Appellate Procedure. The brief’s
flyleaf shall prominently display the words “HRS Chapter 587 (Child
Protective Act) Appeal” as shown on Exhibit 2. An abbreviated
opening brief shall include:
(i) A statement of the nature of the
case and the relief sought;
(ii) A concise statement of material facts
that relate to the points asserted, with reference to the documentary
record or transcript where evidence in support of the asserted fact is
located;
(iii) A statement of the points of error presented
for appeal. Each point of error shall include (1) clear
identification of the specific point of error, (2) reference to the
part of the record where the error occurred, (3) how each point was
preserved for appeal, with a reference
to the part of the record where the alleged error was preserved, and
(4) the applicable standard of review for the point of error;
(iv) Concise legal argument about each point
of error with citation to legal authority;
(v) A section on the last page of the brief
that identifies any related appeals, including the family court case
number and the appellate court case number. For purposes of this
rule, an appeal is related when it arises from the same family court
proceeding, concerns members of the same household, or concerns
individuals who are related by consanguinity or affinity; and
(vi) A copy of the order, decree or judgment
from which the appeal is taken, a copy of the family court’s findings
of fact and conclusions of law, if entered, and a copy of each order on
a post-judgment motion shall be attached to the brief.
(b) Abbreviated Answering
Brief. Unless otherwise permitted by the appellate court pursuant
to Rule 1 of these rules, within 30 days after service of appellant’s
abbreviated opening brief, or receipt of the abbreviated opening brief,
as evinced by an acknowledgment of service as provided in Rule 25(e) of
the Hawai‘i Rules of Appellate Procedure, whichever is later, appellee
may file an abbreviated answering brief. The abbreviated
answering brief shall substantially comply with the form and format of
the sample attached to these rules as Exhibit 3. The abbreviated
answering brief shall contain the sections prescribed for abbreviated
opening briefs, except appellee shall omit the statement of points and
may omit any other section with which appellee has no contention.
Unless otherwise permitted by the appellate court for good cause, the
abbreviated answering brief shall not exceed 25 pages, excluding the
flyleaf, certificate of service, and attachments, and shall comply with
all other provisions of Rule 32 of the Hawai‘i Rules of Appellate
Procedure. The abbreviated brief’s flyleaf shall prominently
display the words “HRS Chapter 587 (Child Protective Act) Appeal” as
shown on Exhibit 3. An appellee who does not intend to file an
answering brief shall notify the appellate court and all parties, in
writing, of that decision prior to the expiration of the time for
filing the abbreviated answering brief.
(c) Abbreviated Reply Brief.
If an abbreviated answering brief is filed and served, appellant may,
within 10 days after service of the abbreviated answering brief, or
receipt of the abbreviated answering brief, as evinced by an
acknowledgment of service as provided in Rule 25(e) of the Hawai‘i
Rules of Appellate Procedure, whichever is later, file an abbreviated
reply brief. The abbreviated reply brief shall be confined
to matters presented in the abbreviated answering brief. The
abbreviated reply brief shall not exceed 5 pages, excluding the
flyleaf, certificate of service, and attachments, and shall comply with
Rule 32 of the Hawai‘i Rules of Appellate Procedure. The brief’s
flyleaf shall prominently display the words “HRS Chapter 587 (Child
Protective Act) Appeal” as shown on Exhibit 1. If no reply brief
is to be filed, appellant shall notify the appellate court and all
parties, in writing, of that decision prior to the expiration of the
time for filing the abbreviated reply brief.
(d) Briefs on cross-appeal.
If a cross-appeal is filed, the parties shall file separate abbreviated
opening, answering, and reply briefs on the cross-appeal, within the
same time frames and in the same manner set out above for briefs for
the appeal.
Rule 11. ADVANCEMENT
ON THE CALENDAR.
When briefing is completed or the time for all
briefing has expired and a panel has been assigned to the case, the
appellate court clerk shall notify the lead judge that the appeal is
ready for disposition, and the panel hearing the appeal shall advance
the appeal on its calendar. Oral argument may or may not be had
as in any other appeal.
Rule 12. MOTIONS FOR
ATTORNEYS’ FEES AND COSTS.
No later than 5 days after briefing is complete, an
attorney who seeks fees and costs shall submit a properly documented
request for fees and costs. See Rule 39(d) of the Hawai‘i Rules
of Appellate Procedure, and Forms 7 and 8 attached thereto.
Rule 13. MOTION FOR
RECONSIDERATION.
A motion for reconsideration may be filed no later
than 5 days after the filing of the appellate court’s opinion, summary
disposition order, or dismissal order.
Rule 14. JUDGMENT ON
APPEAL.
The appellate court shall enter its Judgment on
Appeal no later than 5 days after the filing of its decision on any
timely motion for reconsideration or, if a motion for reconsideration
is not filed, within 5 days after the time in which a motion for
reconsideration could have been filed.
Rule 15. CONTINUED
APPLICABILITY OF THE HAWAI‘I RULES OF APPELLATE PROCEDURE OR OTHER
APPLICABLE RULES.
All procedures in the pilot project not altered by
these Child Protective Pilot Project Rules shall conform to the Hawai‘i
Rules of Appellate Procedure or other applicable court rules.
HRS CHAPTER 587 (CHILD PROTECTIVE ACT) APPEAL
| IN THE INTEREST OF
[INITIALS] |
))))))))) | FC-S No.
________________ FAMILY COURT OF THE [specify] CIRCUIT |
1. I, _______________, am counsel for Appellant NAME in the above captioned case.
2. Since entry of the order in the child protective proceeding, I have attempted to ascertain the whereabouts of my client:
_____ (a) to discuss the merits of an appeal.
_____ (b) to retain his/her signature on the notice of appeal.
3. I have made the following efforts:
_____ (a) Sent a letter with proper postage affixed to the last known address of my client and:
_____received no response.
_____ the letter was returned to me.
_____ (b) Ascertained through the United States Post Office in ________ that my client did not leave a forwarding address.
_____ (c) Telephoned my client at the number he/she provided and received no response.
_____ (d) Investigated to determine if there is a new telephone listing and found none for my client.
_____ (e) Undertook the following additional inquiry into the whereabouts of my client:
4. I am unable to determine the whereabouts of my client.
I hereby declare that
the above stated facts are true.
Dated this ___day of _________, 20__.
_______________________________
SignatureCounsel for Appellant
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Certificate of Diligent Search was duly served upon Appellee or Appellee's counsel (if represented)
__ in person at ______________________ on ______________.
__ by mail at ________________________ on _____________.
__ by certified mail at ___________________ on ___________.
Dated this ___day of
_________, 20__.
_______________________________
[Party's or Attorney's Signature]
HRS CHAPTER 587 (CHILD PROTECTIVE ACT) APPEAL
| IN THE INTEREST OF
[INITIALS] |
))))))))) | FC-S No.
________________ Appeal from the [specify judgment, decree, or order appealed from] FAMILY COURT OF THE [specify] CIRCUIT [list judges] |
Attorney[s] for Appellant
1. PARTIES: The names of the parties involved in this appeal are:
Appellant:
Appellee:
2. THE CHILD/CHILDREN WHO IS/ARE THE SUBJECT OF THIS APPEAL:
Initials of the Child(ren) and Dates of Birth:
The Child's/Children's Guardian ad litem is:
3. CONCISE STATEMENT OF THE NATURE OF THE CASE and RELIEF SOUGHT FROM THE APPELLATE COURT
4. CONCISE STATEMENT OF MATERIAL FACTS THAT RELATE TO THE POINTS ASSERTED (include reference to the documentary record or transcript where evidence in support of the asserted fact is located):
5. POINTS OF ERROR (JUDGMENT(S), DECREE(S), OR ORDER(S) TO BE REVIEWED): Appellant seeks review of the following order(s).
| Title of Judgment, Decree, or
Order
(Select or Insert) |
Date Judgment, Decree, or Order Filed | Place in the record where the judgment, decree, or order is located |
| ___ 1. Order Adjudicating Children as abused, neglected, and/or dependent | ||
| ___ 2. Order Awarding Permanent Custody | ||
| ___ 3. Order denying or dismissing a motion to award permanent custody | ||
| ___ 4. Other Judgment(s), Decree(s), or Order(s): [specify] | ||
| ___ 5. Other Judgment(s), Decree(s), or Order(s): [specify] |
| Title of Judgment, Decree, or
Order
(Select or Insert) |
How was error preserved? | Place in the record where error was preserved? |
| ___ 1. Order Adjudicating Children as abused, neglected, and/or dependent | ||
| ___ 2. Order Awarding Permanent Custody | ||
| ___ 3. Order denying or dismissing a motion to award permanent custody | ||
| ___ 4. Other Judgment(s), Decree(s), or Order(s): [specify] | ||
| ___ 5. Other Judgment(s), Decree(s), or Order(s): [specify] |
6. CONCISE LEGAL ARGUMENT ABOUT EACH POINT OF ERROR
7. RELATED APPEALS: Identify appeals related to this appeal. (i.e. regarding children from the same family, or appeal of the other parent).
8. ATTACHMENTS: The following are attached to this brief:
(a) a copy of the judgment(s), decree(s), or order(s) on appeal
(b) a copy of the separate findings of facts and conclusions of law, if entered
(c) a copy of each order on any post-judgment motion(s)
Dated this ___day of _________, 20__.
I certify that a copy of the foregoing abbreviated opening brief was duly served upon Appellee or Appellee's counsel (if represented)
__ in person at ______________________ on ____________.
__ by mail at ________________________ on ___________.
__ by certified mail at ___________________ on _________.
Dated this ___day of _________, 20__.
_______________________________
[Party's or Attorney's Signature]No. _____________
HRS CHAPTER 587 (CHILD PROTECTIVE ACT) APPEAL
| IN THE INTEREST OF
[INITIALS] |
))))))))) | FC-S No.
________________ Appeal from the [specify judgment, decree, or order appealed from] FAMILY COURT OF THE [specify] CIRCUIT [list judges] |
Appellee [name] submits this Abbreviated Answering Brief in response to Appellant's Abbreviated Opening Brief, filed [date].
1. PARTIES: Appellant has correctly stated the parties in this case. [OR] The names of the parties involved in this appeal are as follows:
Initials of the Child(ren) and Dates of Birth:
The Child's/Children's Guardian ad litem is:| Opening Brief | Answering Brief | |
| |
|
a copy of the judgment(s), decree(s), or order(s) on appeal |
| |
|
a copy of the separate findings of facts and conclusions of law, if entered |
| |
|
a copy of each order on any post-judgment motion(s) |
Dated this ___day of _________, 20__.
I certify that a copy of the foregoing abbreviated answering brief was duly served upon Appellant or Appellant's counsel (if represented)
__ in person at _______________________ on ___________.
__ by mail at ________________________ on ___________.
__ by certified mail at _________________ on ___________.
Counsel for Appellee