Haw. R. App. P. 3 (2026)

Rule 3. APPEALS - HOW TAKEN. (a) Filing the notice of appeal. An appeal permitted by law from a court or agency shall be taken by filing a notice of appeal, together with such fees as are established by statute or these rules, with the appellate court within the time allowed by Rule 4 of these Rules. As required by Rule 25 of these Rules and Rules 2.2 and 4.1 of the Hawaiʻi Electronic Filing and Service Rules, attorneys who are registered users of the Judiciary Electronic Filing System (JEFS) shall electronically file the notice of (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 Hawaiʻi appellate courts upon the court's own motion, upon motion of a party, or upon stipulation of the parties to the several appeals and approval by the court. appeal with the appellate court through JEFS. A self- represented party and an attorney who is exempt from registering as a JEFS User shall conventionally file the notice of appeal with the clerk of the court or agency appealed from. Within 7 days after the conventional filing of the notice of appeal, the clerk of the court or agency appealed from shall electronically file the notice of appeal with the appellate court. If an attorney who is a registered JEFS User erroneously files the notice of appeal with the clerk of the court or agency appealed from, or a notice of appeal that should be conventionally filed with the clerk of the court or agency appealed from is mistakenly submitted to the appellate clerk, the receiving clerk shall note on it the date of receipt and shall electronically file the notice of appeal with the appellate court within 7 days. The date of receipt shall be deemed the date the notice of appeal was filed with the appellate court. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal. HRAP--2 (Release: 06/25)

(c) Content of the notice of appeal. (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. (d) Denomination of the parties. The party appealing shall be denominated the appellant and by the appellant's denomination in the proceeding from which the appeal is taken so that an appellant shall be denominated plaintiff-appellant or petitioner- appellant or defendant-appellant or respondent- appellant. All other parties shall be denominated appellees, and each appellee's denomination in the proceeding from which the appeal is taken shall also be included so that each appellee shall be denominated plaintiff-appellee or petitioner-appellee or defendant-appellee or respondent-appellee. Any appellee who supports the position of an appellant shall meet the time schedule for filing documents that is provided for that appellant. (e) Service of the notice of appeal. (1) The appellant shall serve a filed copy of the notice of appeal on each other party. Proof of service shall be filed, with the appellate court, within 7 days after the filing of the notice of appeal. (2) Additionally, in all actions where the court appealed from is not required to enter findings of fact and conclusions of law prior to the entry of an order, judgment, or decree, but is required to do so once a notice of appeal is filed, the appellant shall comply with Rule 10(f) of these Rules. (f) Payment of fees. If the fees are not paid, the clerk of the court or agency where the notice of (Amended December 6, 1999, effective January 1, 2000; further amended effective January 3, 2000; further amended October 6, 2003, effective January 1, 2004; further amended June 20, 2006, effective July 1, 2006; further amended August 30, 2010, effective September 27, 2010; further amended June 4, 2015, effective July 1, 2015; further amended September 13, 2018, effective January 1, 2019.) (a) Cases for which required. Any party who files a notice of appeal or cross appeal in a civil case shall also file a Civil Appeal Docketing Statement (CADS), except that a CADS shall not be filed in any appeal from, or an original proceeding involving, (1) a petition for extraordinary relief such as a petition for a writ of mandamus or the like, (2) a petition for a writ of habeas corpus, (3) an appeal or petition in which the appellant or petitioner is incarcerated and is seeking relief related to the incarceration, (4) an appeal or case arising under Rule 40 of the Hawaiʻi Rules of Penal Procedure, (5) questions of law reserved to the Hawaiʻi Supreme Court, (6) revocation of a drivers' license, (7) a restraining order, (8) termination of parental rights, or (9) adjudication of a juvenile as a law violator. The CADS shall be filed in a form that substantially conforms to Form 6 of the Hawaiʻi Rules of Appellate Procedure. (b) Time for filing. The CADS shall be filed with the notice of appeal. The appellate clerk shall not reject a notice of appeal for which there is no CADS. (d) Service of the CADS. Any party who files a CADS shall serve a copy of it on all other parties. appeal was filed shall file a notification in the appellate case forthwith.