Haw. R. App. P. 41 (2026)

Rule 41. STAY OF INTERMEDIATE COURT OF APPEALS JUDGMENT ON APPEAL. 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. COMMENT: 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 for a writ of certiorari 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; further amended December 14, 2011, effective January 1, 2012; further amended April 28, 2026, effective July 1, 2026.)

HAWAIʻI RULES OF APPELLATE PROCEDURE Rule 43 (Release: 06/26) HRAP--31