Haw. R. App. P. 40.3 (2026)

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 Hawaiʻi 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. (Added June 20, 2006, effective July 1, 2006; further amended December 14, 2011, effective January 1,2012.)