Hawai`i Rules of Appellate Procedure

(a) Appeals or relief from orders respecting release prior to a judgment of conviction

(d) Temporary retention of record in the court or agency appealed from for use in preparing appellate papers

(e) Retention of the record in the court or agency appealed from by order of the appellate court

(f) Stipulation of parties that parts of the record be retained in the court or agency appealed from

Rule 12. RECEIPT OF THE NOTICE OF APPEAL BY THE APPELLATE COURTS; FILING OF RECORD

Rule 21. WRITS OF MANDAMUS OR PROHIBITION DIRECTED TO A JUDGE; WRITS OF MANDAMUS DIRECTED TO A PUBLIC OFFICER; OTHER EXTRAORDINARY WRITS

(b) Detention or release of prisoner pending disposition of application for habeas corpus

(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

Rule 36. ENTRY OF JUDGMENT; PREPARATION, FILING, & SERVICE OF THE JUDGMENT ON APPEAL; EFFECTIVE DATE OF JUDGMENT ON APPEAL

(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 40.3. RECONSIDERATION, TRANSFER, OR CERTIORARI UNNECESSARY FOR EXHAUSTION OF STATE REMEDIES

Rule 54. LIFTING OR TERMINATION OF STAY OF PROCEEDINGS BY FEDERAL BANKRUPTCY COURT

Form 1. [pdf] 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. [pdf] Notice of Appeal to the Intermediate Court of Appeals from a Decision and Order of an Agency, Board, Commission or Officer.

Form 3. [pdf] Notice of Appeal to the Circuit Court from a Decision and Order of an Agency, Board, Commission or Officer.

Form 4. [pdf] Affidavit to Accompany Motion for Leave to Appeal in Forma Pauperis for Filing in the Respective Lower Court/Agency.

Form 8. Request for Attorney’s Fees and Expenses for Non-Indigent Representation

Appendix A Required Number of Copies to be Submitted for Filing to Hawai‘i Appellate Courts

(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.

(d) Interpretation and enforcement of rules. These rules shall be read and construed with reference to each other. Attorneys and pro se parties are deemed to be aware of, and are expected to comply with, all of the provisions of these rules.

(Amended December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

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.)

(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.

"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;

"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;

"intermediate court of appeals" means the Hawai‘i Intermediate Court of Appeals;

"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;

(Added December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

(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 clerk of the court within the time allowed by Rule 4. Within 7 days after the filing of the notice of appeal, the clerk of the court shall transmit a copy of the notice of appeal to the appellate clerk. 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.

(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 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.

(3) The notice of appeal shall have affixed to it proof that service of the notice was made on all parties to the appeal in the manner required by paragraph (e) of this rule. The clerk of the court shall permit a notice of appeal to be filed without the proof of service but the person who filed the notice of appeal shall file the proof of service within seven days after the filing 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 include 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 papers that is provided for that appellant.

(1) The appellant shall serve, by mail or delivery, a file-marked copy of the notice of appeal on counsel of record for each other party, or, if a party is not represented by counsel, to the party at the party's last known address. Proof of service shall be filed with the court or agency promptly 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 serve, by mail or delivery, a file-marked copy of the notice of appeal on the judge who entered the order, judgment, or decree, together with a file-marked copy of the request for entry of the required findings of fact and conclusions of law, as set forth in Rule 10. The clerk of the court shall include the findings of fact and conclusions of law in the record transmitted to the appellate clerk.

(f) Payment of fees. If the fees are not paid, the clerk of the court shall notify the appellate clerk in writing 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.)

(a) Cases for which required. Any party who files a notice of appeal or cross appeal in a civil case shall file therewith a Civil Appeal Docketing Statement (CADS), except that a CADS shall not be filed in any appeal from or 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 form will be provided by the court and is attached to the Hawai‘i Rules of Appellate Procedure as Form 6.

(b) Time for filing. The CADS shall be filed with the notice of appeal. The clerk of the court from which the appeal is taken shall not reject a notice of appeal for which there is no CADS.

(d) Transmission and service of the CADS. The clerk of the court shall transmit two copies of the CADS, along with the notice of appeal, to the appellate clerk. Any party who files a CADS shall serve 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 conference program, preparation of transcripts, the record, 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 conference program, the appellate 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 shall be in writing and may be transmitted by interoffice mail, United States mail, e-mail, 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.)

(1) Time and place of 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.

The notice of appeal shall be filed with the clerk of the court from which the appeal is taken. If a notice of appeal is mistakenly filed with the appellate clerk, the appellate clerk shall note on it the date of receipt and shall transmit the notice to the clerk of the court appealed from. The date of receipt by the appellate clerk shall be deemed to be the date the notice of appeal was filed with the clerk of the court.

(2) Premature 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) Time 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, the time for filing the notice of appeal is extended until 30 days after entry of an order disposing of the motion; provided, that the failure to dispose of any motion by order entered upon the record within 90 days after the date the motion was filed shall constitute a denial of the motion.

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.

(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 appeal 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 (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) Entry of judgment or order defined. A judgment or order is entered when it is filed in the office of the clerk of the court.

(1) Time and place of filing. In a criminal case, the notice of appeal shall be filed in the circuit, district, or family court within 30 days after the entry of the judgment or order appealed from.

The notice of appeal shall be filed with the clerk of the court from which the appeal is taken. If a notice of appeal is mistakenly filed with the appellate clerk, the appellate clerk shall note on it the date of receipt and shall transmit the notice to the clerk of the court appealed from. The date of the receipt by the appellate clerk shall be deemed to be the date the notice of appeal was filed with the clerk of the court.

(2) Effect of post-judgment motions. 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) Entry 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) Premature 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) Extensions 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.)

(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 cross-appeal against all or any of the other parties to the case as well as against the party who first appealed. If the cross-appeal operates against a party not affected by the first appeal or in a manner different from the first appeal, that party may file a further cross-appeal as if the cross-appeal affecting that party had been the first 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.

(1) The cross-appellant shall file with the clerk of the court appealed from a notice of cross-appeal and pay the filing fee 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.

(2) The notice of cross-appeal shall comport with, and be filed and served in the manner prescribed by, Rule 3.

(c) Additional requirements. The cross- appellant shall comply with all rules governing appeals, except that the cross-appellant is not required to order a transcript or file a court reporter's certificate unless the initial appeal is abandoned or dismissed without the record. Otherwise, the cross-appeal proceeds in the same manner as an ordinary appeal.

(d) Abandonment or dismissal of appeal. If the appellant abandons the initial appeal or the appellate court dismisses it, the cross-appeal may nevertheless be prosecuted to its conclusion, if allowed by law. Within 14 days after the entry of the order dismissing the initial appeal, if there is a record to be transcribed, the cross-appellant shall, in accordance with Rule 10(b), serve on each cross-appellee and file with the clerk of the court appealed from, a notice to prepare a reporter's transcript 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.

The circuit, district, family, land, and/or tax appeal court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to ensure payment of costs on appeal in a civil case. The provisions of Rule 8(b) apply to a surety upon a bond given pursuant to this rule.

(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 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 papers 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.

(Amended April 13, 1985, effective April 23, 1985; further amended December 6, 1999, effective January 1, 2000.)

(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 papers, affidavits or declarations, transcripts, and copies of portions of the record as the parties may present or the appellate court may require. Any papers filed in accordance with this rule shall be served on all other parties. The appellate court that has jurisdiction over the case or a judge or justice thereof may order the release of the appellant pending the appeal.

(2) Review of orders respecting release prior to a judgment of conviction may be obtained by application for an extraordinary writ pursuant to Rule 21. An application for a writ of habeas corpus shall conform to statute. The appellate court that has jurisdiction over the case or a judge or justice thereof may order the release of the applicant pending the disposition of the application for the extraordinary writ.

(b) Release pending appeal from a judgment of conviction. Application for release after a judgment of conviction shall be made in the first instance in the circuit, district, or family court. If the court refuses release pending appeal, or imposes conditions of release, the court shall state in writing the reasons for the action taken. Thereafter, if an appeal is pending, a motion for release, or for modification of the conditions of release, pending a review may be made to the appellate court before which the appeal is pending or to a judge or justice thereof. The application shall be made by filing a written motion with proof of service on all other parties. It shall be determined promptly upon such papers, affidavits or declarations, transcripts, and copies of portions of the record as the parties shall present or the appellate court may require. Any papers 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.

(Amended December 6, 1999, effective January 1, 2000; further amended October 6, 2003, effective January 1, 2004.)

(a) Composition of the record on appeal. The record on appeal shall consist of the following:

(2) written jury instructions given, or requested and refused or modified over objection;

(5) in a criminal case where the sentence is being appealed, a sealed copy of the presentence investigation report; and

(A) When an appellant desires to raise any point on appeal that requires consideration of the oral proceedings before the court or agency appealed from, the appellant shall file with the clerk of the court appealed from, 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 appellant deems necessary that are not already on file.

(B) 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:

(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;

Unless the appellant 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 fees for the reporter's services have been paid or waived; 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 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. If a request is accompanied by a deposit, the deposit shall be further accompanied by directions to the clerk of the court to use it to pay for the reporter's fees when the transcript is complete.

(C) Unless the appellant 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. If the appellant 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 eleven (11) days from the date of the filing of the request for transcripts, notify the appellate court in writing 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 counsel for the party requesting the transcript.

(D) The appellant shall, within 5 days of filing a request for transcripts, either deliver or mail a file-marked copy of the request and its accompanying documents to the reporter who is being required to prepare a transcript, or deposit a file-marked copy of the request and its accompanying documents in the reporter's court jacket. A request for transcripts of audiotapes or videotapes may list more than one tape on the request, provided that a separate copy of each request for each tape is provided to the supervising court reporter. The appellant shall also deliver or mail a file-marked copy of the request and its accompanying documents to counsel for all other parties, or the parties themselves, if pro se.

(E) Upon receipt of a request for a transcript, the reporter shall time stamp or otherwise acknowledge the date of receipt on the request, indicate the expected completion date on the request, and then transmit a copy of the request to the clerk of the appellate court and counsel for all parties or the parties themselves, if pro se. If the transcript cannot be completed within 45 days after the filing of the notice of appeal, the reporter shall notify counsel for all parties, or the parties themselves, if pro se, 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. The court reporter shall serve a copy of the extension order upon counsel for all parties or the parties themselves, if pro se. 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. Upon completion of the transcript, the reporter shall file it with the clerk of the court from which the appeal is taken.

(F) If, upon receiving a request for a transcript, the reporter determines that the prepaid fees or the amounts deposited by the appellant are inadequate to cover the cost of the transcript, the reporter shall, within 10 days after receiving the request, file with the clerk of the court and mail or deliver to the appellant 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. The appellant shall pay the reporter and shall file a reporter's certificate of payment or deposit within 10 days after the mailing 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.

(G) When a transcript is completed, payment of which is to be made by the clerk of the court from the appellant's deposit, the reporter shall bill the appellant at the rate authorized by the Rules Governing Court Reporting in the State of Hawai‘i, with a copy to the clerk of the court, and the clerk of the court shall pay the reporter from the funds deposited and promptly refund any excess deposit to the appellant or give notice to the appellant of any additional funds needed.

(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 court or agency from which the appeal has been taken and served on counsel for all other parties, or the parties themselves, if pro se. If, within 10 days after service of the request, counsel or a party, if pro se, deems the cancelled transcript necessary, he or she may, within the following 10 days either order the cancelled transcript or, in the case the appellant has filed the cancellation request, move in the court or agency appealed from 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 clerk of the court appealed from 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 court or agency appealed from for an order requiring the appellant to do so.

(c) Statement of the evidence of proceedings when no report made or when transcript unavailable. If the reporter refuses, becomes unable, or fails to transcribe all or any portion of the evidence or oral proceedings after proper request, the party may (i) request that transcription of the reporter's notes be submitted to another reporter for transcription where feasible; or (ii) prepare a statement of the evidence or proceedings from the best available means, including the party's recollection or uncertified transcripts or reporter's notes. The statement shall be served on the opposing party(ies), who may serve objections or propose amendments thereto within 10 days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the court or agency appealed from for settlement and approval and as settled and approved shall be included by the clerk of the court appealed from in the record on appeal.

(d) Agreed statement as the record on appeal. In lieu of the record on appeal as defined in subsection (a) of this rule, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided in the court or agency appealed from and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. The statement, together with such additions, deletions, and modifications as the court or agency may consider necessary to truthfully and fully present the issues raised by the appeal, shall be approved by the court or agency appealed from and shall then be certified as the record on appeal and transmitted by the clerk of the court appealed from within the time provided by Rule 11. It shall contain a copy of the judgment and the notice of appeal 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.

(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:

(B) by the court or agency appealed from, either before or after the record is transmitted; or

(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 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.

(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.)

(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(b) and shall take any other action necessary to enable the clerk of the court to assemble and transmit the record. It is the responsibility of each appellant to provide a record, as defined in Rule 10(a), that is sufficient to review the points asserted and to pursue appropriate proceedings in the court or agency from which the appeal is taken to correct any omission.

(1) Unless otherwise provided, the clerk of the court shall, within 60 days from the filing of the notice of appeal, assemble, certify, and transmit to the appellate clerk a single record on appeal, provided that when all documents in the record on appeal, other than exhibits, are available in electronic format and accessible, the clerk of the court need not transmit the physical documents, but shall notify the appellate clerk in writing that the physical documents will not be transmitted. If a complete record cannot be transmitted within such a period, the appellate court, for good cause, may extend the time upon stipulation or motion, provided that transcripts completed after the record has been transmitted to the appellate clerk, and findings of fact and conclusions of law entered after the record on appeal has been transmitted to the appellate clerk, shall be transmitted by the clerk of the court as a supplemental record 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 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) In preparing the record on appeal, the clerk of the court shall consecutively number the pages of the court or agency file and shall provide in the file a numbered index of all the pages therein, provided that when an electronic or imaged record provides a navigation pane or frame for access to each document or transcript, the clerk need not separately number the pages. 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 shall provide an additional index identifying each of them with reasonable definiteness. Documents of unusual bulk or weight, physical exhibits other than documents, and such other parts of the record shall not be transmitted by the clerk of the court unless he or she is directed to do so by appellate court order.

(1) Upon the filing of the record on appeal, the appellate clerk shall provide all parties to the appeal with copies of the record index. If an index is claimed to be in error, the party claiming it to be so is obligated to pursue appropriate proceedings in the court from which the appeal is taken to correct it.

(2) When the record on appeal is not filed within the time required, the appellate clerk shall give notice to counsel for appellant, or to the appellant, if the appellant is pro se, 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) Temporary retention of record in the court or agency appealed from for use in preparing appellate papers. Notwithstanding the provisions of (a) and (b) of Rule 11, the parties may stipulate, or the court from which the appeal is taken on motion of any party may order, that the clerk of the court shall temporarily retain the record for use by the parties in preparing appellate papers. In that event, the clerk of the court shall certify to the appellate clerk that the record, including the transcript or parts thereof designated for inclusion and all necessary exhibits, is complete for purposes of the appeal. Upon receipt of the brief of the appellee, or at such earlier time as the parties may agree or the appellate court may order, the appellant shall, in writing, request the clerk of the court to transmit the record.

(e) Retention of the record in the court or agency appealed from by order of the appellate court. The appellate court may order that a certified copy of the docket entries shall be transmitted in lieu of the entire record, subject to the right of any party to request at any time during the pendency of the appeal that designated parts of the record be transmitted.

If the record or any part thereof is required in the court or agency appealed from for its use pending appeal, the court or agency may make an order to that effect, and the clerk of the court shall retain the record or parts thereof subject to the request of the appellate court and shall transmit a copy of the order and of the docket entries together with such parts of the original record as the court or agency shall allow and copies of such parts as the parties may designate.

(f) Stipulation of parties that parts of the record be retained in the court or agency appealed from. The parties may agree by written stipulation filed in the court or agency appealed from that designated parts of the record shall be retained by the court or agency unless thereafter the appellate court before which the case is pending, or any party, shall request their transmittal. The parts thus designated shall nevertheless be a part of the record on appeal for all purposes.

(g) Record for preliminary hearing 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 from which the appeal is taken shall transmit to the appellate clerk 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.)

Rule 12. RECEIPT OF THE NOTICE OF APPEAL BY THE APPELLATE COURTS; FILING OF RECORD.

(a) Receipt of the notice of appeal by the appellate courts. Upon receipt of the notice of appeal, the appellate clerk shall thereupon assign an appellate court number 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 names and designations as provided by Rule 3(c)(1).

(b) Filing the record, partial record, or certificate. Upon receipt of the record or the partial record, or the clerk of the court's certificate, or the certified copy of the docket entries, the appellate clerk shall file it and shall immediately give notice to all parties of the date on which it was filed. The appeal is docketed with the Hawai‘i appellate courts on the date of filing of the record, partial record, clerk of the court's certificate or certified copy of the docket entries, or when the clerk of the court notifies the appellate clerk the record on appeal (other than exhibits) is available in electronic format.

(Amended December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

(a) Filing. Within 10 days after the record on appeal is filed each appellant and cross-appellant shall file a statement of jurisdiction. Any appellee contesting jurisdiction may file a statement contesting jurisdiction within the same period.

(b) Length. The statement shall not exceed 10 pages in length exclusive of title page(s), indexes, and the certificate of service.

(c) Content. The statement of jurisdiction shall show the specific statutory or other grounds upon which the jurisdiction of the Hawai‘i appellate courts is invoked. The statement shall include, with references to the record on appeal, (i) relevant procedural facts establishing jurisdiction and (ii) relevant filing dates establishing the timeliness of the appeal.

(1) Civil. In a civil case involving multiple claims or multiple parties, the statement shall specifically set out, with dates and references to the record on appeal, (i) how each claim against each party was resolved or (ii) whether the appealed order or judgment was certified for appeal.

(2) Criminal. In a criminal case, the statement shall identify the offense(s) involved in the appeal by statutory section and name, any sentence imposed, and the defendant's custody status in the case on appeal.

(d) Attachment. A copy of the order or judgment shall be attached to the statement.

(Added November 10, 1993, effective December 15, 1993; amended December 6, 1999, effective January 1, 2000.)

(a) When certified. When a federal district or appellate court certifies to the Hawai‘i Supreme Court that there is involved in any proceeding before it a question concerning the law of Hawai‘i that is determinative of the cause and that there is no clear controlling precedent in the Hawai‘i judicial decisions, the Hawai‘i Supreme Court may answer the certified question by written opinion.

(b) Contents of certificate. The certificate provided for herein shall contain the title of the Hawai‘i Supreme Court and the title of the cause in full, and to the right thereof the words "Certified Question" and the name of the court submitting or approving the submission of the question. The certificate shall also contain a statement of prior proceedings in the case, a statement of facts showing the nature of the cause, the question of law to be answered, and the circumstances out of which the question arises.

(c) Preparation of certificate. The certificate may be prepared by stipulation or as directed by such federal court. When prepared and signed by the presiding judge of such federal court, it shall be certified to the Hawai‘‘i Supreme Court by the clerk of the federal court and under its official seal. The Hawai‘i Supreme Court may, in its discretion, require original or copies of all or any portion of the record before the federal court to be filed with the certificate.

(d) Briefs. Briefs conforming to the Hawai‘i Rules of Appellate Procedure shall be filed by the parties as ordered by the court.

(Amended June 9, 1986, effective June 9, 1986; further amended December 6, 1999, effective January 1, 2000.)

(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.

(b) Record. The court reserving the question shall transmit as much of the record as may be necessary to a full understanding of the questions reserved to the appellate clerk. Certified copies may be transmitted in lieu of the original documents.

(c) Disposition. The supreme court may, in its discretion, return any reserved question for decision in the first instance by the court reserving it.

(Amended December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

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.

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.)

(a) Submission. As authorized by law, the parties to a dispute that might be the subject of a civil action or proceeding in any court or agency may, without the action of a trial court or agency, agree to submit a case directly to the intermediate court of appeals upon a statement containing the facts upon which the controversy depends, a statement of the question or issues, the contentions of the parties as to each issue, and the form of judgment that each party requests the intermediate court of appeals to render.

(b) Good faith. It must be shown by affidavit or declaration that the controversy is real and that the proceedings are a good faith effort to determine the rights of the parties.

(c) Disposition. The appellate court may refuse to entertain a case submitted on agreed facts. If the appellate court entertains the case, the judgment rendered thereon shall be entered and may be enforced as in other cases, subject to the right of a party to move for reconsideration or, if the case is decided in the intermediate court of appeals, apply for a writ of certiorari.

(Added December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

Rule 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. 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.

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 clerk of the supreme court 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 it will be entertained. If the court elects to entertain the petition, it will be handled in the same manner as a petition under subsection (a) of this rule.

(c) Denial; order directing answer. If the court is of the opinion that the writ should not be entertained, it shall deny the petition. Otherwise, it shall order that an answer to the petition be filed by the respondents within the time fixed by the order. The order shall be served by the appellate clerk on the respondents and the attorney general or the chief legal officer of the applicable county and, in the case of a writ directed to a judge, on all other parties to the action in the trial court. All parties other than the petitioners shall be deemed respondents for all purposes. Two or more respondents may answer jointly. If the judge named respondent does not desire to appear in a proceeding, the judge may advise the appellate clerk and all parties by letter, but the petition shall not thereby be taken as admitted. The appellate clerk shall advise the parties, the attorney general, or the chief legal officer of the applicable county of the dates on which any required briefs are to be filed and of the date of any oral argument. The proceeding shall be given preference over ordinary civil cases.

(d) Habeas corpus proceedings. Habeas corpus proceedings before the Hawai‘i Supreme Court shall be governed by and conform to statute.

(e) Other extraordinary writs. Application for other extraordinary writs may be made by petition filed with the appellate clerk in conformity with subsection (a) of this rule. Proceedings on such application shall conform, so far as is practicable, to the procedures prescribed in subsections (a), (b) and (c) of this rule.

(Amended December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

(a) Transfer of custody. Pending disposition of any habeas corpus proceeding commenced pursuant to statute, before the supreme court or a justice thereof for the release of a prisoner, a person having custody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this rule. Upon application of a custodian showing any need therefor, the supreme court or a justice thereof may make an order authorizing transfer and providing for the substitution of the successor custodian as a party.

(b) Detention or release of prisoner pending disposition of application for habeas corpus. Pending a disposition of an application for habeas corpus pursuant to statute, the prisoner may be detained in the custody from which release is sought, or in other appropriate custody, or may be released upon the prisoner's own recognizance, with or without surety, as may appear fitting to the supreme court or the justice to which or to whom the application is made.

(c) Modification of initial order respecting custody. Unless modified by the supreme court or the justice to which or to whom the application is made, the initial order respecting the custody or release of the prisoner and any recognizance or surety taken shall govern pending disposition of the application.

(Amended December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

(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. A party to an action in the circuit, district, family, land or tax appeal court, or before an administrative agency who desires to proceed on appeal in forma pauperis shall file in the court or agency a motion for leave to so proceed, together with 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. 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 without further application to the appellate courts and without prepayment of fees or costs in any court or agency or the giving of security therefor. If the motion is denied, the court or agency appealed from shall state in writing the reasons for the denial. The court or agency appealed from shall promptly provide the appellate clerk with a filed copy of its order granting or denying the motion.

(b) Effect of prior leave to proceed in forma pauperis. Notwithstanding the provisions of the preceding paragraph, a party who has been permitted to proceed in an action in a court or agency in forma pauperis, or who has been permitted to proceed as one who is financially unable to obtain adequate defense in a criminal case, may proceed on appeal in the same action in forma pauperis without further authorization unless, before or after the notice of appeal is filed, the court or agency shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed, in which event the court or agency shall state in writing the reasons for such certification or finding.

(c) Motion for leave to proceed in forma pauperis before the appellate court. If a motion for leave to proceed on appeal in forma pauperis is denied by the court or agency, or if the court or agency certifies that the appeal is not taken in good faith or finds that the party is otherwise not entitled to proceed in forma pauperis, the clerk of the court shall forthwith serve notice of such action. A motion for leave so to proceed may be filed in the appellate court within 10 days after service of the notice of the action of the court or agency. The motion shall be accompanied by a copy of the affidavit or declaration filed in the court or agency, or by the affidavit or declaration prescribed in the first paragraph of this subsection if no affidavit or declaration has been filed in the court or agency, and by a copy of the statement of reasons given by the court or agency for its action.

(d) Effect of denial of motion for leave to proceed in forma pauperis. If the court or agency has denied a party the authority to proceed on appeal in forma pauperis, then within 10 days after the denial of such a motion filed in the appellate court or, if no such motion is filed in the appellate court, within 10 days after the expiration of the time to file such a motion in the appellate court, the movant shall 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, which 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.)

(a) Filing. Papers shall be filed with the appellate clerk or with an ex officio clerk, as provided by statute. Filing may be accomplished by mail addressed to the appellate clerk, but filing shall not be considered timely unless the papers 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 papers required. Copies of all papers 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.

(c) Manner of service. Service may be personal or by mail. Personal service includes delivery of the copy to a responsible person at the office of counsel. Service by mail is complete on mailing, if mailed in the manner provided in subsection (a) above.

(d) Proof of service. Papers presented 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 papers filed. Where computation of the time for a response to the document served begins with the filing date of that document, a file-marked copy of the document shall also be 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 papers filed.

(Amended December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006.)

(a) Computation of time. In computing any period of time prescribed by these rules, an order of court, or any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period extends until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, any intervening Saturday, Sunday, or legal holiday shall be excluded in the computation.

(b) Extension of time. The Hawai‘i appellate courts, or any judge or justice thereof, for good cause shown upon motion may extend the time prescribed by these rules for doing any act, or may permit an act to be done after the expiration of such time. Provided however, no court or judge or justice is authorized to change the jurisdictional requirements contained in Rule 4 of these rules.

(c) Additional time after service by mail. Whenever a party is required or permitted to do an act within a prescribed time after service of a paper, and the paper 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 paper 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.

(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 papers, 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).

(b) Determination of motions for procedural orders. Notwithstanding Rule 27(a), motions for procedural orders, including motions for extension of time, may be acted upon at any time, without awaiting a response. Pursuant to rule or order of the appellate court, motions for specified types of procedural orders may be disposed of by the appellate clerk. Any party adversely affected by such action, by application to the appellate court, may request reconsideration, vacation, or modification of such action.

(c) Power of a single judge or justice to entertain motions. In addition to authority conferred by rule or law, a single judge or justice may decide any motion before the court on which the judge or justice sits, except that: (i) a single judge or justice may not dismiss or otherwise determine an appeal or other proceeding; and (ii) the Hawai‘i Supreme Court may provide by order or rule that any motion or class of motions must be acted upon by it or the intermediate court of appeals. Any party adversely affected by the action of a single judge or justice may, by application to the court on which the judge or justice sits, request reconsideration, vacation, or modification of such action.

(d) Page limits. A motion, other than a motion for reconsideration pursuant to Rule 40, shall not exceed three pages, including an abbreviated caption and signature. Memoranda in support or opposition shall not exceed twenty pages including abbreviated captions and signatures. Only affidavits or declarations and papers necessary for the determination of the motion may be attached.

(a) Format, service, and page limitation. All briefs shall conform with Rule 32 and be accompanied by proof of service of two 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.

(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. Record references shall include page citations and the volume number, if applicable. References to transcripts shall include the date of the transcript, the specific page or pages referred to, and the volume number, if applicable. Lengthy quotations from the record may be reproduced in the appendix. There shall be appended to the brief a copy of the judgment, decree, findings of fact and conclusions of law, order, opinion or decision relevant to any point on appeal, unless otherwise ordered by the court.

(4) A concise statement of the points of error set forth in separately numbered paragraphs. Each point shall state: (i) the alleged error committed by the court or agency; (ii) where in the record the alleged error occurred; and (iii) where in the record the alleged error was objected to or the manner in which the alleged error was brought to the attention of the court or agency. Where applicable, each point shall also include the following:

(A) when the point involves the admission or rejection of evidence, a quotation of the grounds urged for the objection and the full substance of the evidence admitted or rejected;

(B) when the point involves a jury instruction, a quotation of the instruction, given, refused, or modified, together with the objection urged at the trial;

(C) when the point involves a finding or conclusion of the court or agency, either a quotation of the finding or conclusion urged as error or reference to appended findings and conclusions;

(D) when the point involves a ruling upon the report of a master, a quotation of the objection to the report.

Points not presented in accordance with this section will be disregarded, except that the appellate court, at its option, may notice a plain error not presented. Lengthy parts of the transcripts that are material to the points presented may be included in the appendix instead of being quoted in the point.

(5) A brief, separate section, entitled "Standard of Review," setting forth the standard or standards to be applied in reviewing the respective judgments, decrees, orders or decisions of the court or agency alleged to be erroneous and identifying the point of error to which it applies.

(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.

(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:

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 the initial brief, appellant shall promptly file a statement.

(c) Answering brief. Within 40 days after service of appellant's opening brief, or receipt as evidenced by an acknowledgment of service as provided in Rule 25, 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), 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 notify the appellate clerk and the appellee in writing of that decision 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) 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) 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, 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).

(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). 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. The parties shall provide 7 copies of each letter for the supreme court or 5 copies of each letter for the intermediate court of appeals, depending on the appellate court before which the appeal is pending. 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 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.)

(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 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.

When the brief for appellant is not filed within the time required, the appellate clerk shall forthwith give notice to counsel for 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. Any party who may be adversely affected by application of this rule may submit a memorandum, affidavits, or declarations setting forth the reasons for non-conformance with these rules.

(Amended December 6, 1999, effective January 1, 2000; further amended May 7, 2001, effective July 1, 2001.)

(a) Quality and size of papers. All papers and briefs filed in the appellate courts shall be printed, photocopied, typewritten or otherwise prepared in print in a clear and legible manner on unruled, unglazed, opaque white paper. The pages shall be 8-1/2 inches by 11 inches. Each sheet shall have a margin at the top and bottom of not less than 1 inch and on the left-hand side of not less than 1 inch. Such papers shall be filed without covers and without creasing the same and, except for opinions, orders, certificates, and other items filed by the court, shall include a flyleaf upon which shall be noted in the order named, 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, addresses and the telephone numbers of the attorney or attorneys representing the party on whose behalf the same is filed and the names of all judges who have participated in the case or matter. Immediately below the title of the document, a space shall be left for the file mark of the appellate clerk. No originals of such papers, except printed briefs, shall be perforated or permanently bound. Copies, except printed briefs, shall be bound or stapled at the upper left-hand corner. Copies, but not originals, may be two-sided.

(b) Quality and style of print. If typed, the print must be standard 12 point pica or equivalent and yield no more than 14 characters to the inch. If printed, whether in proportional or non-proportional fonts, the print must yield no more than 14 characters to the inch. Footnotes and quotations shall be typed or printed in the same font and size as the text. Twelve point Times New Roman, Courier New, or Arial fonts will be 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. All print, including all copies, shall be clear and legible and the lines double spaced or one and one-half spaced except in headings, quotations, citations, indexes, footnotes, and appendices.

(c) Signature. All original documents filed with the appellate court 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 two 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.

(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.)

The original of all documents shall be filed with the appellate clerk and copies shall be submitted as follows:

(a) Opening, answering, and reply briefs. Parties shall submit 6 copies of each brief filed for the supreme court and 5 copies of each brief filed for the intermediate court of appeals. The clerk may request additional copies.

(b) Other documents. For a listing of the number of copies required for specific documents, see Appendix A. All other documents require six copies if filed in the supreme court and four copies if filed in the intermediate court of appeals.

(c) Where directed by the appellate clerk. 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.)

The appellate court before which the case is pending may direct the attorneys or the parties, if pro se, 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 parties. Such order, when entered, shall control the subsequent course of the proceedings, unless modified to prevent manifest injustice.

(a) In general. Oral argument shall be had in all cases except those in which the appellate court before which the case is pending enters an order providing for consideration of the case without oral argument.

(b) Notice of argument; postponement; request for additional time to argue. The appellate clerk shall advise all parties whether oral argument is to be heard and, if so, of the time and place therefor, and the time to be allowed each side. A request for postponement of the argument or for the allowance of additional time to argue must be made by motion filed within 10 days of such notification. The request for additional time shall state the reasons the case cannot be presented within the time allotted.

(c) Motion for retention of oral argument. If the appellate court has ordered a case submitted on the briefs, any party may, within 10 days after the mailing of the order, file a motion for retention of oral argument, supported by a statement of reasons. The appellate court may grant or deny such motion, and such grant or denial shall not be subject to review or reconsideration.

(d) Order and content of argument. The appellant is entitled to open and conclude the argument. The opening argument may include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records, or authorities.

(e) Cross and separate appeals. A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the appellate court otherwise directs. If a case involves a cross-appeal, the plaintiff in the trial court or agency action shall be deemed to be the appellant for the purpose of this rule unless the parties otherwise agree or the appellate court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument.

(f) Non-appearance of parties. If the appellee or counsel fails to appear to present argument, the appellate court may hear argument on behalf of the appellant. If the appellant or counsel fails to appear, the appellate court may hear argument from the appellee. If neither party nor counsel appears, the case will be decided on the briefs unless the court shall otherwise order. Sanctions may be assessed against attorneys of record or pro se parties who fail to appear.

(g) Submission on briefs. By agreement of the parties, a case may be submitted for decision on the briefs. In any such case, the appellate court may require oral argument.

(h) No oral argument by party failing to file brief. If the appellant or the appellee has failed to file an opening or answering brief, as the case may be, oral argument by that party's counsel, or the party, if pro se, will not be heard unless the appellate court directs otherwise.

(i) Use of visual aids at argument; removal. If visual aids are to be used at the argument, counsel or the party, if pro se, shall arrange with the appellate clerk to have them placed in the courtroom before the appellate court convenes on the date of the argument. After the argument, counsel or the party, if pro se, shall cause the visual aids to be removed from the courtroom unless the appellate court otherwise directs. If the visual aids are not reclaimed by counsel or the pro se party within a reasonable time, they shall be destroyed or otherwise disposed of by the appellate clerk.

(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 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) Mailing by appellate clerk. The appellate clerk shall promptly mail or telefax all parties a copy of the opinion or dispositional order.

(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.)

Rule 36. ENTRY OF JUDGMENT; PREPARATION, FILING, & SERVICE OF THE JUDGMENT ON APPEAL; EFFECTIVE DATE OF JUDGMENT ON APPEAL.

(a) Entry of judgment. The filing of the judgment on appeal constitutes entry of judgment.

(1) 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) 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. Service may be by personal delivery or mail, or, upon request, by email, facsimile, or placement in the court jacket of the party’s counsel. Service on a party represented by counsel shall be made on counsel.

(c) Effective date of intermediate court of appeals’ judgment. The intermediate court of appeals’ judgment is effective upon the ninety-first day after entry or, if an application for a writ of certiorari is filed, upon entry of the supreme court’s order dismissing or rejecting the application or, upon entry of supreme court’s order affirming in whole the judgment of the intermediate court of appeals.

(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 disposition 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.

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.)

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.

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.

(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.

(c) Costs defined. Costs in the appellate courts are defined as: (1) the cost of the original and one copy of the reporter's transcripts if necessary for the determination of the appeal; (2) the premiums paid for supersedeas bonds or other bonds to preserve rights pending appeal; (3) the fee for filing the appeal; (4) the cost of printing or otherwise producing necessary copies of briefs and appendices, provided that copying costs shall not exceed 20¢ per page; (5) necessary postage, cost of facsimiles, intrastate travel, long distance telephone charges; and (6) any other costs authorized by statute or rule.

(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 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.)

(a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.

(b) Contents. The motion shall state with particularity the points of law or fact that the moving party contends the court has overlooked or misapprehended, together with a brief argument on the points raised. The motion shall be supported by a declaration of counsel to the effect that it is presented in good faith and not for purposes of delay.

(c) Response; reply argument. No response to a motion for reconsideration or reply to a response will be received unless requested by the appellate court. There shall be no oral argument on a motion for reconsideration unless ordered by the appellate court.

(d) Disposition of motion. The appellate court within 10 days of the filing of a motion for reconsideration, shall either grant or deny such motion. The failure of the appellate court to act within the 10 days shall constitute a rejection. If a motion for reconsideration is granted, the appellate court may, with or without new argument, modify the decision or take such action as may be appropriate.

(e) Only one motion permitted. Only one motion for reconsideration may be filed by any party, unless the court modifies the substance of its opinion, dispositional order, or ruling.

(a) Application; When Filed. No later than 90 days after filing of the intermediate court of appeals’ judgment on appeal or dismissal order, any party may apply in writing to the supreme court for a writ of certiorari.

(b) Discretion of the supreme court. Acceptance or rejection of an application for a writ of certiorari is a matter within the discretion of the supreme court.

(c) Denomination of the parties. The party applying for the writ of certiorari shall be denominated the petitioner; the petitioner's denomination in the appeal and in the trial court or agency shall also be included. All other parties shall be denominated respondents and each respondent's denomination in the appeal and in the trial court or agency shall also be included. Any respondent who supports the position of a petitioner shall meet the time scheduled for filing responsive papers.

(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.

(3) A short statement of the case containing the facts material to the consideration of the questions presented.

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. 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 containing a statement of reasons why the application should not be accepted.

(f) Oral argument. There shall be no oral argument on an application for a writ of certiorari unless requested by the supreme court.

(g) Determination. The supreme court shall act upon an application for a writ of certiorari no later than 30 days after an objection 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.

(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.)

(a) Application; when filed. Any party may apply in writing to the supreme court 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 papers.

(2) A statement of prior proceedings in the case, 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 shall accept or reject 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, acceptance, denial, or rejection 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.)

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.

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.

Effective July 1, 2006, a party has 90 days to file an application for a writ of certiorari. 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.)

(a) Dismissal before the appeal is docketed. If an appeal has not been docketed, the appeal shall be dismissed by the court or agency from which appeal is taken upon the filing in that court or agency of a stipulation for dismissal signed by all the parties. Upon motion and notice by the appellant, the court or agency from which appeal is taken may dismiss the appeal upon terms fixed by the court or agency. Counsel for the appellant, or the appellant, if pro se, shall, within 72 hours after the entry of an order dismissing an appeal made by the court or agency appealed from, file a certified copy of the order with the appellate clerk.

(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.

(c) Special requirements for criminal 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.)

(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 with the appellate clerk. The motion of a party 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 a party against whom an appeal may be taken 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).

(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.

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.

(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. Cases shall be assigned consecutive file numbers. The file number of each case shall be noted on the docket. All papers 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 paper 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 paper in any appeal or original proceeding, shall assign to it a number and shall forthwith give notice thereof to the parties. 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.

(c) Notice of non-final orders. Immediately 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 papers. The appellate clerk shall have custody of the records and papers of the appellate courts. The appellate clerk shall not permit any original record or paper to be taken from his or her custody except as authorized by orders or instructions of a Hawai‘i appellate court or any judge or justice thereof. Original papers transmitted as the record on appeal or review shall, upon disposition of the case, be returned to the court or agency from which they were received. The appellate clerk shall preserve copies of the briefs and appendices and other papers filed by the parties.

(e) Costs and fees to be collected by the appellate clerk. The appellate clerk shall collect costs and fees provided by Chapter 607 of the Hawai‘i Revised Statutes except that the appellate clerk shall collect the amounts specified herein as follows:

2. For faxing of any document in any public record, the applicable charges plus:

ii. outside Hawai‘i, within the United States: $5.00 first page, $2.00 each additional page

4. For any expedited or rush requests (copy(ies) provided within 4 hours if request received before noon):

8. Certification under seal of a copy of a pleading or other paper subsequent to the initial filing of the pleading or paper, except the record on appeal: $2.00

10. Parties to a pending case 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.

11. The appellate clerk shall charge the actual cost of mailing copies of any item, provided that parties to a pending case 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.

12. 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 for the benefit of a Hawai‘i appellate court or the judiciary.

(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) Merit Panel Assignment 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) Judges’ Copies of Documents. Upon assignment of a case to a merit panel, the appellate clerk shall forward the judges’ copies of the record index, briefs, and other documents to the Chief Judge.

(5) 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.

(6) Recusal, Disqualification, 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.

(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.)

(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.

(c) Acting chief justice. In case of a vacancy in 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.

(Amended March 25, 1986, effective March 25, 1986; further amended December 6, 1999, effective January 1, 2000.)

(a) Withdrawal. An attorney desiring to withdraw as counsel of record must file a motion requesting leave therefor. The motion must show that prior notice of the motion was given by service upon the attorney's client. 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, address, and telephone number. A notice of withdrawal and substitution of counsel must be signed by the client consenting thereto.

(c) Discharge. A client desiring to discharge the 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.

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 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.)

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.

Rule 54. LIFTING OR TERMINATION OF STAY OF PROCEEDINGS BY FEDERAL BANKRUPTCY COURT.

(a) Notice of appeal; record on appeal. Whenever a federal bankruptcy court lifts or terminates 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 shall apply as if the date of lifting or termination of 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 shall apply as if the date of lifting or termination of 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 shall apply as if the date of lifting or termination of the stay was the date of the filing of the last appropriate document.

(b) Notice. On the lifting or termination by the bankruptcy court of a stay of proceedings pending in the Hawai‘i appellate courts, each party shall file a written notification thereof with the appellate court within 7 days.

(c) Appellate court action during pendency. The appellate court shall not consider motions or requests for relief during the pendency of the bankruptcy. Parties claiming that a bankruptcy stay is not in effect shall file a certified copy of the bankruptcy court's order vacating or modifying the stay or granting permission for the case to proceed.

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.

(TITLE OF COURT)

STATE OF HAWAIʻI

A. B., Plaintiff,

C.D., Defendant.

))))))

(LOWER CASE NO.)

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), Hawaiʻi Revised Statutes, and Rule 3 of the Hawaiʻi Rules of Appellate Procedure (and any other relevant rules and cases), appeals to the Intermediate Court of Appeals of the State of Hawaiʻi 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 Hawaiʻi Rules of Appellate Procedure Rule 3).

DATED: Honolulu, Hawaiʻi, ______________________________.

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.

(TITLE OF AGENCY, ETC.)

OF THE STATE OF HAWAIʻI

A.B., Plaintiff,

C.D., Defendant.

))))))

DOCKET NO. ______

NOTICE OF APPEAL

Notice is hereby given that (appealing party), by and through his or her or its attorney, (name of attorney), pursuant to (cite 91-14 or other relevant section) of the Hawaiʻi Revised Statutes and Rule 3 of the Hawaiʻi Rules of Appellate Procedure (and any other relevant rules and cases), appeals to the Intermediate Court of Appeals of the State of Hawaiʻi 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 Hawaiʻi Rules of Appellate Procedure Rule 3).

DATED: Honolulu, Hawaiʻi, ______________________________.

Attorney for Appellant

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

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

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT

STATE OF HAWAIʻI

A.B., Plaintiff,

C.D., Defendant.

))))))

DOCKET NO. ________

NOTICE OF APPEAL

Notice is hereby given that (appealing party), by and through his attorney, (name of attorney), pursuant to (cite 91-14 or other relevant section), Hawaiʻi Revised Statutes, and Rule 72 of the Hawaiʻi Rules of Civil Procedure (and any other relevant rules and cases), appeals to the Circuit Court of the First Circuit 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").

DATED: Honolulu, Hawaiʻi, ______________________________.

Attorney for Petitioner

Form 4. Affidavit to Accompany Motion for Leave to Appeal in Forma Pauperis for Filing in the Respective Lower Court/Agency.

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:

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.

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.

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.

4. DO YOU OWN ANY REAL ESTATE, STOCKS, BONDS, NOTES, AUTOMOBILES, OR OTHER VALUABLE PROPERTY (EXCLUDING ORDINARY HOUSEHOLD FURNISHINGS AND CLOTHING)?

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.

(name of court or agency) entered on (date) is (affirmed) (reversed) (vacated) (remanded) (etc.) .

TITLE		Lower Court/Agency Docket Number:
		Is this a Cross-Appeal? _____ Yes _____ No
		Has this matter previously been before the Hawaiʻi Appellate Courts? _____ Yes _____ No If yes, state when: Case Name: SC Docket Number:
CHECK AS MANY AS APPLICABLE
JURISDICTION		LOWER COURT/AGENCY DISPOSITION
1.LOWER COURT/AGENCY	2. APPELLATE	1. STAGE OF PROCEEDINGS	2. TYPE OF JUDGMENT / ORDER APPEALED	3. RELIEF
( ) Statutory ( ) Other Grounds (specify)	( ) Final Decision of Lower Court / Agency ( ) Interlocutory Decision ( ) Other (Specify)	( ) Pre-Trial ( ) During Trial ( ) After Trial	( ) Default Judgment ( ) Judgment/Court Decision ( ) Dismissal/Jurisdiction ( ) Judgment/Jury Verdict ( ) Dismissal/Merits ( ) Summary Judgment ( ) Judgment NOV ( ) Declaratory Judgment ( ) Directed Verdict ( ) Other (Specify)	( ) Damages: Amount Sought: $__________ Amount Granted: $__________ ( ) Injunctions ( ) Preliminary ( )Permanent ( ) Granted ( ) Denied ( ) Other (Specify)

1. Does this appeal involve a question of first impression or present a novel legal question?

2. Does this appeal involve a question of state or federal constitutional interpretation?

3. Does this case raise a question of law regarding the validity of a state statute, county ordinance, or agency regulation?

4. Does this case involve issues upon which there is an inconsistency in the decisions of the Intermediate Court of Appeals or the Supreme Court?

5. Will the determination of this appeal turn on the interpretation or application of particular case or statute?

_____ Likelihood of motions to stay appeal pending resolution of a related case. Identify case name, docket number, and court or agency:

COUNSEL FOR APPELLANTS:

NAME:

ADDRESS:

TELEPHONE ( )

EMAIL:

TRIAL COUNSEL FOR APPELLANT(S)

(If different from appeal counsel)

NAME:

ADDRESS:

TELEPHONE ( )

EMAIL:

I CERTIFY THAT A COPY OF THIS CIVIL APPEAL DOCKETING STATEMENT WAS SUBMITTED TO THE CLERK OF THE LOWER COURT/AGENCY AND THAT IT WAS SERVED ON EACH PARTY/COUNSEL SHOWN ON THE ATTACHED SERVICE LIST.

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 PROCEEDINGS BELOW (WITH TELEPHONE NUMBERS)

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.

A true and correct itemized accounting of these necessary expenses, including relevant invoices and receipts, is attached as Appendix B.

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.

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:

A true and correct itemized accounting of these costs, including relevant invoices and receipts, is attached as Appendix A.

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:

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.

STATE OF HAWAIʻI

In the _____________ Court

of the ______________ Circuit

(or name of agency)

REQUEST FOR TRANSCRIPT(S)

OF PROCEEDINGS

□ Check here if request is for Record on Appeal

Trial Court/Agency Case Number:

Appellate Case Number:

vs.

Requestor's Name:

Firm (if applicable):

Address:

Phone No.:

Fax No.:

Email address:

Attorney for: □ Plaintiff/Petitioner □ Defendant/Respondent

□ Other (specify):

PROCEEDINGS RECORDED BY:

□ Court Reporter □ Check here if proceedings are

□ Electronic Recorder confidential. (See below)

Name of Court Reporter (if applicable):

(Please complete a separate request for each court reporter)

Date(s) of proceeding(s)	Type of proceeding (e.g. trial, motion, sentencing, etc.)	Portion of proceeding for which transcript is being requested	Name of Judge/Hearing Officer/Agency

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.

Note:Please refer to Rule 10 of the Hawaiʻi 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.If you are requesting transcripts of a confidential proceeding, please note that you will need to obtain the approval signature of a judge. See Rule 25 of the Rules of the Circuit Court which states, “The official reporter shall not furnish a transcript of a confidential proceeding without the court’s written approval, unless authorized by law.”

4.Within 10 days after filing a notice of appeal, you must file with the Legal Documents Section of the court you are appealing from the original and necessary copies of each request for transcripts, 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 by the court reporter being required to prepare the transcript that the fees for the reporter's services have been paid or waived;

b.a deposit of the approximate cost of the transcript fees, as computed by the court reporter in advance in writing at the rate established by the Hawaiʻi Rules Governing Court Reporting; or

c.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.

5.Within 5 days of filing a request for transcripts, you must either deliver or mail the required

number of file-marked copies of the request for transcripts and accompanying documents to the court reporter/supervising court reporter/court administrator being requested to prepare the transcripts. In the alternative, you may deposit the required number of file-marked copies of the request for transcripts and accompanying documents in the court jacket (folder) of the individual court reporter being asked to prepare a transcript, or in the court jacket (folder) for requests for transcripts of family court proceedings or electronically-recorded proceedings.

The following are the required number of file-marked copies of a request for transcripts and its accompanying documents that you must provide to the court reporter, supervising court reporter, or court administrator being requested to prepare transcripts:

For non-family court proceedings recorded by court reporter

3 + no. of opposing parties/attorneys

For family court proceedings

4 + no. of opposing parties/

attorneys

For electronically-recorded proceedings

1 for each audiotape/

videotape/compact disk to be transcribed + no. of opposing parties/attorneys

The following is a list of the number of copies required in addition to the original document submitted to the Hawai‘i appellate courts for filing. The number does not include those copies the parties need for service or themselves. Additional copies may be requested.