Hawaii Revised Statutes

Haw. Rev. Stat. § 602-58 (2026)

Application for transfer to the supreme court.

✓ current as of July 2026

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§602-58 Application for transfer to the supreme court. (a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:

(1) A question of imperative or fundamental public importance;

(2) An appeal from a decision of any court or agency when appeals are allowed by law:

(A) Invalidating an amendment to the state constitution; or

(B) Determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or

(3) A sentence of life imprisonment without the possibility of parole.

(b) The supreme court, in a manner and within the time provided by the rules of court, may grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:

(1) A question of first impression or a novel legal question; or

(2) Issues upon which there is an inconsistency in the decisions of the intermediate appellate court or of the supreme court.

(c) The grant or denial of an application for transfer under subsection (b) shall be discretionary and shall not be subject to further review. Denial of an application for transfer under subsection (b) shall not prejudice a later application for a writ of certiorari. [L 1979, c 111, pt of §3; am L 2004, c 202, §58; am L 2006, c 93, §1 and c 94, §1; am L 2010, c 109, §1]

Law Journals and Reviews

The Development of Hawai‘i's Appellate Courts: An Organizational Perspective. 33 UH L. Rev. 875 (2011).

Notes of Decisions

Cited in 33 cases (3 in the last 5 years), 2006–2026 · leading case: Nuuanu Valley Ass'n v. City & Cnty. of Honolulu, 194 P.3d 531 (Haw. 2008).

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Nuuanu Valley Ass'n v. City & Cnty. of Honolulu, 194 P.3d 531 (Haw. 2008). · cites it 10× “[4] On June 15, 2007, NVA timely filed its notice of appeal. On May 7, 2008, NVA filed an application to transfer its appeal from the Intermediate Court of Appeals to this court.”

Cnty. of Hawai'i v. C & J Coupe Fam. Ltd. P'ship, 198 P.3d 615 (Haw. 2008). · cites it 10× “HRS § 602-58 entitled "Application for transfer to the supreme court," states in part as follows: (a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate…”

Asato v. Procurement Policy Bd., State of Hawaii., 322 P.3d 228 (Haw. 2014). · cites it 8× “This court granted a discretionary transfer on August 1, 2013, pursuant to HRS § 602-58(b) (Supp. 2012)7. The parties had already filed briefs with the ICA.”

Siopes v. Kaiser Found. Health Plan, Inc.., 312 P.3d 869 (Haw. 2013). · cites it 4× “13 HRS § 602-58 (Supp. 2012) and Hawai#i Rules of Appellate Procedure Rule 40.”

Dejetley v. Kaho'ohalahala, 226 P.3d 421 (Haw. 2010). · cites it 4× “2 (2009) and HRS § 602-58 (Supp.2008). HRS § 602-58 entitled "Application for transfer to the supreme court,” states in part as follows: (a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case…”

State v. Hitchcock, 235 P.3d 365 (Haw. 2010). · cites it 6× “The trial court then imposed a $25 fine on Hitchcock, but suspended the fine "for a period of seven days on the condition no other similar violations [sic]." On the same day (April 27, 2009), the trial court entered its written judgment and sentence in accordance with its oral…”

Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009). · cites it 2× “On October 14, 2008, we granted Sierra Club’s application for transfer of the appeal to this court pursuant to HRS § 602-58(a)(l) (Supp. 2007). On December 18, 2008, we held oral argument.”

Gurrobat v. HTH Corp.., 323 P.3d 792 (Haw. 2014). · cites it 4× “Pursuant to HRS § 602-58(b)(1) (Supp. 2011), we accepted a discretionary transfer of this case from the Intermediate Court of Appeals.”

Dannenberg v. State, 383 P.3d 1177 (Haw. 2016). · cites it 2× “2015) (question of fundamental public importance) and a discretionary transfer, pursuant to HRS § 602-58(b)(1) (Supp. 2015) (question of first impression).”

E. Sav. Bank, FSB v. Esteban., 296 P.3d 1062 (Haw. 2013). · cites it 2× “udicata law, during judicial foreclosures pending sale confirmation, does a Hawaii borrower lose his or her federal Truth-in-Lending Act right to rescind a mortgage loan refinancing transaction within three years of loan consummation where there otherwise may exist TILA…”

Cnty. of Hawai'i v. C & J Coupe Fam. Ltd., 242 P.3d 1136 (Haw. 2010). · cites it 3× “HRS § 602-58 states in part as follows: (a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that…”

Ray v. Kapiolani Med. Specialists, 259 P.3d 569 (Haw. 2011). · cites it 2× “The Rays applied for a mandatory and discretionary transfer from the Intermediate Court of Appeals (ICA) to this court of their cross-appeal from the circuit court’s March 25, 2009, judgment on their complaint for medical malpractice.”

Show all 33 citing cases →

— Haw. Rev. Stat. § 602-58(a) — 2 cases

Nuuanu Valley Ass'n v. City & Cnty. of Honolulu, 194 P.3d 531 (Haw. 2008). “[4] On June 15, 2007, NVA timely filed its notice of appeal. On May 7, 2008, NVA filed an application to transfer its appeal from the Intermediate Court of Appeals to this court.”

Wilborn v. State (Haw. 2022).

— Haw. Rev. Stat. § 602-58(a)(1) — 5 cases

Cnty. of Hawai'i v. C & J Coupe Fam. Ltd. P'ship, 198 P.3d 615 (Haw. 2008). “HRS § 602-58 entitled "Application for transfer to the supreme court," states in part as follows: (a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate…”

Hawaii State Teachers Ass'n v. Abercrombie, 271 P.3d 613 (Haw. 2012).

State v. Bortel (Haw. 2013).

In the Matter of the Tax Appeal of Travelocity.com, LP v. Dir. of Taxation, State of Hawaii (Haw. 2013).

— Haw. Rev. Stat. § 602-58(a)(3) — 1 case

State v. Austin (Haw. 2015).

— Haw. Rev. Stat. § 602-58(a)(l) — 4 cases

Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009). “On October 14, 2008, we granted Sierra Club’s application for transfer of the appeal to this court pursuant to HRS § 602-58(a)(l) (Supp. 2007). On December 18, 2008, we held oral argument.”

Dep't of Env't Servs. v. Land Use Comm'n, 275 P.3d 809 (Haw. 2012).

Hawaii State Teachers Ass'n v. Abercrombie, 271 P.3d 613 (Haw. 2012).

— Haw. Rev. Stat. § 602-58(b) — 3 cases

Asato v. Procurement Policy Bd., State of Hawaii., 322 P.3d 228 (Haw. 2014). “This court granted a discretionary transfer on August 1, 2013, pursuant to HRS § 602-58(b) (Supp. 2012)7. The parties had already filed briefs with the ICA.”

State v. Toma (Haw. 2015).

— Haw. Rev. Stat. § 602-58(b)(1) — 9 cases

State v. Hitchcock, 235 P.3d 365 (Haw. 2010). “The trial court then imposed a $25 fine on Hitchcock, but suspended the fine "for a period of seven days on the condition no other similar violations [sic]." On the same day (April 27, 2009), the trial court entered its written judgment and sentence in accordance with its oral…”

Dannenberg v. State, 383 P.3d 1177 (Haw. 2016). “2015) (question of fundamental public importance) and a discretionary transfer, pursuant to HRS § 602-58(b)(1) (Supp. 2015) (question of first impression).”

E. Sav. Bank, FSB v. Esteban., 296 P.3d 1062 (Haw. 2013). “udicata law, during judicial foreclosures pending sale confirmation, does a Hawaii borrower lose his or her federal Truth-in-Lending Act right to rescind a mortgage loan refinancing transaction within three years of loan consummation where there otherwise may exist TILA…”

Ray v. Kapiolani Med. Specialists, 259 P.3d 569 (Haw. 2011). “The Rays applied for a mandatory and discretionary transfer from the Intermediate Court of Appeals (ICA) to this court of their cross-appeal from the circuit court’s March 25, 2009, judgment on their complaint for medical malpractice.”

— Haw. Rev. Stat. § 602-58(b)(l) — 4 cases

Gurrobat v. HTH Corp.., 323 P.3d 792 (Haw. 2014). “Pursuant to HRS § 602-58(b)(1) (Supp. 2011), we accepted a discretionary transfer of this case from the Intermediate Court of Appeals.”

Kaho'ohanohano ex rel. Morales-Kaho'ohanohano v. Dep't of Human Servs., 178 P.3d 538 (Haw. 2008).

Attorney's Fees of Bettencourt v. Gonda, 265 P.3d 1122 (Haw. 2011).

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