Appeal Pointers

  1. A statement of jurisdiction may be stricken unless a copy of the judgment or order appealed from is attached to it. HRAP 12.1(d).


  2. A circuit court order granting summary judgment or dismissing claims is not appealable unless it is reduced to a separate judgment. HRCP 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994).


  3. In circuit court agency appeals, the order disposing of the appeal is not appealable unless it is reduced to a separate judgment. HRCP 72(k); Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 869 P.2d 1334 (1994).


  4. In multi-claim or multi-party circuit court cases, a final judgment is not appealable unless it identifies the claims and the parties for which the judgment is entered and unless it resolves, on its face, all claims against all parties. Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-20, 869 P.2d 1334, 1338-39 (1994).


  5. A judgment certified under HRCP 54(b) is not appealable unless the certification language is included in the judgment. Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai`i 115, 119-20, 869 P.2d 1334, 1338-39 (1994).


  6. A stipulation to dismiss an appeal or a motion for voluntary dismissal of an appeal will not be approved by the appellate court unless the stipulation or motion complies with the requirements of HRAP 42.


  7. A withdrawal and substitution of appellate counsel will not be approved by the appellate court unless the withdrawal and substitution complies with the requirements of HRAP 50(b).


  8. A motion filed in the appellate court may be summarily denied without prejudice if the motion is not accompanied by proof that the motion was served on all parties at or before the time of filing. HRAP 25(b), 25(d), 27(a).


  9. An opening brief may be stricken and the appeal may be dismissed or sanctions may be levied against an appellant if the opening brief does not contain a statement of points of error in the form required by HRAP 28(b)(4). HRAP 30.


  10. An appeal may be dismissed or other sanctions may be imposed if the Civil Appeals Docketing Statement (CADS) is not filed for a required case. HRAP 3.1(b), 3.1(f). The CADS will be stricken if a copy of the judgment or order appealed from is not attached to it.


  11. A statement of jurisdiction must be filed by an appellant and a cross-appellant within 10 days after the record on appeal is filed with the appellate clerk. HRAP 12.1(a). An appeal or cross-appeal is in default if the statement of jurisdiction is not filed. Relief from default must be obtained from the appellate court.


  12. An appeal is in default if the record on appeal is not filed with the appellate clerk within 60 days after the notice of appeal is filed. Relief from default must be obtained from the appellate court. Failure to cure the default may result in dismissal of the appeal. HRAP 11(a).


  13. An appeal is in default if the opening brief is not filed within 40 days after the record on appeal is filed or within any extension of the 40-day period. Relief from default must be obtained from the appellate court. Failure to cure the default may result in monetary sanctions or dismissal of the appeal. HRAP 28(b) and 30.


  14. HRAP Rule 32(b), which governs quality and style of print for documents filed with the appellate court, provides that the print must be standard 12 point pica or equivalent and yield no more than14 characters per inch. No attempt shall be made to reduce or condense the print in a manner that would increase the content of the document.


  15. When moving to supplement the record pursuant to HRAP Rule 10(e)(2) with transcripts that had been accidentally omitted, the motion or the declaration of counsel appended to the motion should indicate the estimated completion date for the transcripts.


  16. In cases where the transcript of any part of the proceeding is unavailable and a statement of evidence is prepared in accordance with HRAP Rule 10(c), a party is not required to file a motion for remand in the appellate court. The court appealed from retains jurisdiction to settle and approve the statement of evidence and objections or amendments. Upon the settlement and approval of the statement of evidence, the clerk of the court appealed from, pursuant to HRAP Rule 10(c), shall include the statement of evidence in the record on appeal or in a supplemental record. The party is not required to file a motion to supplement the record in the appellate court.


  17. In cases where Rule 52(a) of Hawai`i Family Court Rules (HFCR) requires the entry of findings of fact and conclusions of law, the family court retains jurisdiction to enter the FOF/COL after a notice of appeal is filed. The parties to the appeal do not have to file a motion for remand in the appellate court. If the FOF/COL are not transmitted with the record on appeal, the family court can supplement the record on appeal pursuant to HRAP Rule 10(e)(2)(b). The parties to the appeal do not have to file a motion to supplement the record in the appellate court. All requests for relief related to the entry and filing of FOF/COL pursuant to HRFC Rule 52(a) should be directed to the family court.

  18. A motion for extension of time to file an opening, answering or reply brief will be approved only upon good cause shown. The submission of the motion does not toll the time for filing the brief. HRAP 29(b).


  19. A motion to consolidate a newly docketed appeal with an appeal for which briefing is almost complete will normally be denied without prejudice to seeking consolidation after the completion of briefing in the newly docketed appeal.


  20. Omissions from the record by error or accident may be corrected by the trial court or agency before or after the record on appeal is transmitted to the appellate court and without remand from the appellate court. HRAP 10(e)(2)(B).


  21. Omissions from the record by error or accident may be corrected by stipulation of the parties filed in the appellate court. HRAP 10(e)(2)(A). Prior to transmission of the record to the appellate court, corrections may be made by stipulation of the parties filed in the trial court or agency.


  22. Any point raised on appeal that requires consideration of the oral proceedings requires that the transcript be made part of the record. HRAP 10(b)(1). A transcript obtained during the course of the trial court proceeding for the personal use of the litigants is not made a part of the record. Therefore, a separate request for the transcript of a proceeding for the record on appeal must be filed with the clerk of the court. HRAP 10(b)(1). A file-marked copy of the request must be delivered or mailed to the reporter. HRAP 10(b)(1)(D). Unless the appellant is exempt from the transcript payment or deposit requirement or the reporter has waived such payment, the reporter need not commence preparation of the transcript until payment has been made. HRAP 10(b)(1)(C).
Increase text sizeDecrease text sizePrint this page

© 2008 Hawaii State Judiciary. All rights reserved.

Privacy Policy  |  Terms of Use  |  Accessibility Information

HIC logo