Haw. R. App. P. 1 (2026)

Rule 1. SCOPE OF RULES AND TITLE (a) Scope of rules (b) Rules not to affect jurisdiction (c) Title (d) Interpretation and enforcement of rules (e) Effect of Hawaiʻi Electronic Filing and Service Rules (f) Effect of Automation on Processes and Procedures Rule 2. SUSPENSION OF RULES Rule 2.1. APPLICABILITY OF OTHER COURT RULES; DEFINITIONS (a) Applicability of other court rules (b) Definitions Rule 3. APPEALS - HOW TAKEN (a) Filing the notice of appeal (b) Joint or consolidated appeals (c) Content of the notice of appeal (d) Denomination of the parties (e) Service of the notice of appeal (f) Payment of fees Rule 3.1. CIVIL APPEAL DOCKETING STATEMENT (a) Cases for which required (b) Time for filing (c) Reserved (d) Service of the CADS (e) Relationship to Rules 10 and 11 (f) Sanctions Rule 4. APPEALS - WHEN TAKEN (a) Appeals in civil cases (1) Time for filing (2) Premature filing of appeal (3) Time to appeal affected by post-judgment motions (4) Extensions of time to file the notice of appeal (5) Entry of judgment or order defined (Release: 06/25) i

Table of Contents Hawaiʻi Rules of Appellate Procedure (b) Appeals in criminal cases (1) Time for filing (2) Effect of motions in arrest of judgment or for new trial (3) Entry of judgment or order defined (4) Premature notice of appeal (5) Extensions of time to file a notice of appeal Rule 4.1. CROSS-APPEALS (a) Right of cross-appeal (b) Manner and time of filing (c) Additional requirements (d) Abandonment or dismissal of appeal (e) Extension of time to file cross-appeal Rule 5. DISQUALIFICATION OR RECUSAL OF AN APPELLATE JUDGE OR JUSTICE (a) Motion for disqualification or recusal (b) Time (c) Contents (d) Determination of motion (e) Only one motion permitted Rule 6. RESERVED Rule 7. BOND FOR COSTS ON APPEAL IN CIVIL CASES Rule 8. STAYS, SUPERSEDEAS BONDS, OR INJUNCTIONS PENDING APPEAL (a) Motions for stay, supersedeas bond or injunction in the appellate courts (b) Stay may be conditioned upon giving of bond; proceedings against sureties (c) Stays in criminal cases Rule 9. RELEASE IN CRIMINAL CASES PENDING APPEAL (a) Appeals or relief from orders respecting release prior to a judgment of conviction (b) Release pending appeal from a judgment of conviction (c) Criteria for release ii (Release: 06/25)

Hawaiʻi Rules of Appellate Procedure Table of Contents Rule 10. THE RECORD ON APPEAL (a) Composition of the record on appeal (b) The transcript of court proceedings (1) Request to prepare transcript (A) When to request (B) Form of request (C) Payment or Deposit for Transcript (D) Service required (E) Expected completion date; time limitations (F) Inadequate payment or deposit (G) Filing the Transcript in the Appellate Case (H) Cancellation of request for transcripts (2) Certificate that no transcripts to be prepared (3) Duty of appellant in insufficiency of the evidence appeals (4) Notice to appellee if fewer than all transcripts are ordered (c) Statement of the evidence of proceedings when no report made or when transcript unavailable (d) Agreed statement as the record on appeal (e) Correction or modification of the record (f) Request for findings of fact and conclusions of law Rule 11. TRANSMISSION OF THE RECORD (a) Duty of appellant (b) Duty of the Clerk of the Court or Agency (c) Duty of the Appellate Clerk (d) Record for motions for intermediate orders in the appellate courts Rule 12. RECEIPT OF THE NOTICE OF APPEAL; FILING OF RECORD (a) Receipt of the notice of appeal (b) Filing the record, partial record, or notification Rule 12.1. STATEMENT OF JURISDICTION (a) Filing (b) Length (c) Content (1) Civil (2) Criminal (d) Attachment (e) Sanctions (Release: 06/25) iii

Table of Contents Hawaiʻi Rules of Appellate Procedure Rule 13. CERTIFICATION OF QUESTION OF HAWAIʻI LAW BY FEDERAL COURTS (a) When certified (b) Contents of certificate (c) Preparation of certificate (d) Briefs (e) Deleted Rule 14. RESERVED Rule 15. RESERVED QUESTIONS (a) From what court (b) Record (c) Disposition Rule 16. PLEADINGS IN ORIGINAL ACTIONS FILED IN THE SUPREME COURT Rule 17. ORIGINAL PROCEEDINGS Rule 18. AGREED FACTS; SUBMISSION ON (a) Submission (b) Good faith (c) Disposition Rule 19. RESERVED Rule 20. RESERVED Rule 21. WRITS OF MANDAMUS OR PROHIBITION DIRECTED TO A JUDGE; WRITS OF MANDAMUS DIRECTED TO A PUBLIC OFFICER; OTHER EXTRAORDINARY WRITS (a) Writs of mandamus or prohibition directed to a judge (b) Writs of mandamus directed to a public officer (c) Denial; order directing answer (d) Habeas corpus proceedings (e) Other extraordinary writs Rule 22. RESERVED iv (Release: 06/25)

Hawaiʻi Rules of Appellate Procedure Table of Contents Rule 23. CUSTODY OF PRISONERS IN HABEAS CORPUS PROCEEDINGS (a) Transfer of custody (b) Detention or release of prisoner pending disposition of application for habeas corpus (c) Modification of initial order respecting custody Rule 24. PROCEEDINGS IN FORMA PAUPERIS (a) Leave to proceed on appeal in forma pauperis from the circuit, district, family, land or tax appeal court or from an agency determination to the Hawaiʻi appellate courts (b) Effect of prior leave to proceed in forma pauperis (c) Effect of denial of motion for leave to proceed in forma pauperis Rule 25. REGISTRATION, FILING, AND SERVICE (a) Registration and Filing (b) Service of all documents required (c) Manner of service (d) Proof of conventional service (e) Acknowledgment of service (f) Contact information Rule 26. COMPUTATION AND EXTENSION OF TIME (a) Computation of time (b) Extension of time (c) Additional time after service by mail (d) Shortening time (e) Relief from default Rule 27. MOTIONS (a) Content of motions; response (b) Determination of motions for procedural orders (c) Power of a single judge or justice to entertain motions (d) Page limits (Release: 06/25) v

Table of Contents Hawaiʻi Rules of Appellate Procedure Rule 28. BRIEFS (a) Format, service, and page limitation (b) Opening brief (c) Answering brief (d) Reply brief (e) Briefs on reserved questions (f) Briefs in original cases (g) Brief of amicus curiae (h) Briefs on cross appeal (i) Reserved (j) Citation of supplemental authorities Rule 29. EXTENSIONS OF TIME FOR BRIEFS (a) By the appellate clerk (b) By the appellate court Rule 30. BRIEFS NOT TIMELY FILED OR NOT IN CONFORMITY WITH THESE RULES Rule 31. RESERVED Rule 32. FORM OF DOCUMENTS (a) Quality and size of documents (b) Quality and style of font (c) Signature on conventionally filed documents (d) Signature on electronically filed documents Rule 32.1. NUMBER OF COPIES TO BE SUBMITTED APPEAL CONFERENCES (a) Appellate Mediation (b) Appellate Conference vi (Release: 06/25)

Hawaiʻi Rules of Appellate Procedure Table of Contents Rule 34. ORAL ARGUMENT (a) In general (b) Notice of argument; postponement; request for additional time to argue (c) Motion for retention of oral argument (d) Order and content of argument (e) Cross and separate appeals (f) Non-appearance of parties (g) Submission on briefs (h) No oral argument by party failing to file brief (i) Use of visual aids at argument; removal Rule 35. DISPOSITIONS (a) Class of disposition (b) Publication (c) Citation (1) Dispositions before July 1, 2008 (2) Dispositions on or after July 1, 2008 (d) Copy or access provided by appellate clerk (e) Terminology Rule 36. ENTRY OF JUDGMENT; PREPARATION, FILING, & SERVICE OF THE JUDGMENT ON APPEAL; EFFECTIVE DATE OF JUDGMENT ON APPEAL; SIGNATURES (a) Entry of judgment (b) Preparation, filing, and service of the judgment on appeal (1) Preparation by the court (2) Service of the judgment (c) Effective date of intermediate court of appeals’ judgment (d) Judgment after supreme court review (1) Upon transfer (2) Upon acceptance or rejection of application for a writ of certiorari (e) Signatures Rule 37. INTEREST ON JUDGMENTS Rule 38. DAMAGES AND COSTS FOR FRIVOLOUS APPEALS (Release: 06/25) vii

Table of Contents Hawaiʻi Rules of Appellate Procedure Rule 39. COSTS AND ATTORNEY'S FEES (a) Civil costs; to whom allowed (b) Costs for and against the State of Hawaiʻi (c) Costs defined (d) Request for fees and costs; objections Rule 40. MOTION FOR RECONSIDERATION (a) Time (b) Contents (c) Response; reply argument (d) Disposition of motion (e) Only one motion permitted Rule 40.1. APPLICATION FOR WRIT OF CERTIORARI IN THE SUPREME COURT (a) Application; when filed; extension of time (1) Application; time to file (2) Request extending time; time to file (3) Timely request; automatic extension; notice (4) No extension if untimely (b) Discretion of the supreme court (c) Denomination of the parties (d) Contents (e) Response; form; extension of time; reply (1) Time to file; form (2) Request extending time; time to file (3) Timely request; automatic extension; notice (4) No extension if untimely (5) Reply (f) Oral argument (g) Determination (h) No reconsideration of acceptance or rejection of application for a writ of certiorari (i) Review by supreme court after acceptance of application for a writ for certiorari viii (Release: 06/25)

Hawaiʻi Rules of Appellate Procedure Table of Contents Rule 40.2. APPLICATION FOR TRANSFER TO THE SUPREME COURT (a) Application; when filed (b) Denomination of the parties (c) Contents of the application (d) Response to the application (e) Oral argument (f) Determination; no reconsideration; no extensions of time (g) Effect of application Rule 40.3. RECONSIDERATION, TRANSFER, OR CERTIORARI UNNECESSARY FOR EXHAUSTION OF STATE REMEDIES Rule 41. STAY OF INTERMEDIATE COURT OF APPEALS JUDGMENT ON APPEAL Rule 42. DISMISSAL (a) Dismissal before the appeal is docketed (b) Dismissal in the appellate courts (c) Special requirements for criminal appeals Rule 43. SUBSTITUTION OF PARTIES (a) Death of a party (b) Substitution for other causes (c) Public officers; death or separation from office Rule 44. CONSTITUTIONALITY OF STATUTE Rule 45. DUTIES OF APPELLATE CLERKS (a) General provisions (b) The docket; calendar; other records required (c) Notice of non-final orders (d) Custody of records and documents (e) Costs and fees to be collected by the appellate clerk (f) Intermediate court of appeals panels (1) Merit panel assignment (2) Merit panel assignment for consolidated appeals (3) Notice of panel assignment (4) Designation of lead judge by clerk; when required (5) Recusal, disqualification, or unavailability (g) Ex Officio filing (Release: 06/25) ix

Table of Contents Hawaiʻi Rules of Appellate Procedure x (Release: 06/26) Rule 46. CLERICAL MISTAKES Rule 47. RESERVED Rule 48. RESERVED Rule 49. THE COURT (a) Terms of court (b) Signing of orders (c) Acting chief justice (d) Acting chief judge (f) through (h) Deleted Rule 50. WITHDRAWAL, DISCHARGE, OR SUBSTITUTION OF APPELLATE COUNSEL (a) Withdrawal (b) Withdrawal with substitution (c) Discharge Rule 51. SANCTIONS Rule 52. DECLARATION IN LIEU OF AFFIDAVIT Rule 53. RESERVED Rule 54. NOTICE OF BANKRUPTCY FILING; RELIEF FROM OR TERMINATION OF STAY OF PROCEEDINGS BY FEDERAL DISTRICT OR BANKRUPTCY COURT (a) Notice of appeal; record on appeal; briefing (b) Notice (c) Appellate court action during pendency

Hawaiʻi Rules of Appellate Procedure Table of Contents APPENDIX OF FORMS Form 1. Notice of Appeal to the Intermediate Court of Appeals from a Judgment, Order or Decree of a Circuit/District/Family/Land/Tax Court. Form 2. Notice of Appeal to the Intermediate Court of Appeals from a Decision and Order of an Agency, Board, Commission or Officer. Form 2a. Notice of Appeal to the Supreme Court from a Decision and Order of an Agency, Board, Commission or Officer. Form 3. Notice of Appeal to the Circuit Court from a Decision and Order of an Agency, Board, Commission or Officer. Form 4. Affidavit to Accompany Motion for Leave to Appeal In Forma Pauperis Form 5. Reserved. Form 6. Civil Appeal Docketing Statement Form 7. Request for Attorney’s Fees and Expenses for Indigent Representation Form 7a. Blank Hourly Worksheet (Indigent Representation) Form 7b. Completed Hourly Worksheet (Indigent Representation) Form 8. Request for Attorney’s Fees and Expenses for Non-Indigent Representation Form 8a. Blank Hourly Worksheet (Non-Indigent Representation) Form 8b. Completed Hourly Worksheet (Non-Indigent Representation) Form 9. Request for Transcript(s) of Proceedings Appendix A Required Number of Copies to be Submitted for Filing to Hawaiʻi Appellate Courts Appendix B Filing Fees Appendix C Copying Costs (Release: 06/25) xi

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Rule 1. SCOPE OF RULES AND TITLE. (a) Scope of rules. These rules govern all proceedings in the Hawaiʻi 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 Hawaiʻi appellate courts as established by law. (c) Title. These rules shall be known and cited as the Hawaiʻi Rules of Appellate Procedure and abbreviated as HRAP. (d) Interpretation and enforcement of rules. These rules shall be read and construed with reference to each other, the Hawaiʻi Electronic Filing and Service Rules, and the Hawaiʻi Court Records Rules. Attorneys and pro se parties are deemed to be aware of, and are expected to comply with, all of the provisions of these rules. (e) Effect of Hawaiʻi Electronic Filing and Service Rules. Documents filed and notices given in accordance with the Hawaiʻi Electronic Filing and Service Rules shall be deemed to comply with the filing, mailing, certified mailing, notice and service requirements of any part of these Hawaiʻi Rules of Appellate Procedure. (f) Effect of Automation on Processes and Procedures. Duties set out in these rules may be performed by automation. (Amended December 6, 1999, effective January 1, 2000; further amended June 20, 2006, effective July 1, 2006; further amended August 30, 2010, effective September 27, 2010.)