Haw. R. App. P. 40.2 (2026)

Rule 40.2. APPLICATION FOR TRANSFER TO THE SUPREME COURT. (a) Application; when filed. Any party may file, in the supreme court, an application for transfer of a case within the jurisdiction of the intermediate court of appeals to the supreme court, as allowed by law. (1) An application for a case under Rule 18 of these Rules must be submitted with the statement of agreed facts. (2) An application 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 documents.

Rule 40.2 HAWAIʻI RULES OF APPELLATE PROCEDURE HRAP--30 (Release: 06/26) (c) Contents of the Application. An application for transfer shall contain, in the following order: (1) A request for transfer to the supreme court, (2) A statement of prior proceedings in the case, with citation to the record, if any, (3) A short statement of relevant facts, 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 10 days from the filing of an application for transfer, 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 may grant or deny a discretionary application for transfer no later than 45 days after the application for transfer is filed. The grant or denial 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; further amended August 30, 2010, effective September 27, 2010; further amended December 14, 2011, effective January 1, 2012; further amended April 28, 2026, effective July 1, 2026.)