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Rule 72 – Appeal to the Family Court

May 11, 2021 | Family Law, Hawaii

(a) How taken. Where a right of appeal to the family court is allowed by statute, any person or party allowed by statute may appeal from such decision, order or action by filing a notice of appeal in the family court having jurisdiction of the matter. As used in this rule, the term “appellant” means any person or party filing a notice of appeal, and “appellee” means every governmental body or official (other than a court) whose decision, order or action is appealed from, and every other party to the proceedings.
(b) Time. The notice of appeal shall be filed in the family court of the circuit in which the appellant resides within 30 days of the preliminary ruling or within 30 days after the service of the certified copy of the final decision and order. However, if the notice of appeal is mailed, the notice of appeal shall be deemed timely filed if the mailing is postmarked within the time fixed for filing and is received by the clerk no later than 5 days after the postmarked date. For the purposes of calculating other deadlines in these Rules, the date of filing under this Rule shall be the date the document is received by the clerk.
(c) Service. Promptly after filing the notice of appeal, the appellant shall serve a certified copy thereof upon each appellee.
(d) Record on appeal.

(1) DESIGNATION. The appellant shall, concurrently with filing the notice of appeal or within 10 days after filing the notice of appeal, prepare and present to the clerk of the court a designation that shall specify the papers, transcripts, minutes, and exhibits that the appellant desires filed in the family court in connection with the appeal. The clerk, in the name and under the seal of the court, shall endorse on the designation an order, directed to the official or body whose decision, order or action is appealed from, commanding the latter to certify and transmit such papers, transcripts, minutes and exhibits to the family court within 20 days of the date of the order or within such further time as may be allowed by the court. The clerk shall issue certified copies of such designation and order to the appellant for service upon the official or body whose decision, order or action is appealed from and for service upon any other appellee. The appellant shall serve certified copies of the designation and order and shall make due return of service thereof to the clerk of the court. The family court may compel obedience to the order by any appropriate process.
(2) COUNTER DESIGNATION. Any appellee may, within 10 days after service of the designation and statement of the case, prepare and present to the clerk of the court a counter designation that shall specify additional papers, transcripts, minutes and exhibits which the appellee desires to be filed in the family court. The clerk shall endorse thereon an order, as in the case of a designation, and shall issue the order and counter designation to the appellee for service and return as provided in Rule 72(d)(1) of these rules in the case of a designation and order. The family court may compel obedience to the order by any appropriate process. When the appellee desiring such additional papers, transcripts, minutes and exhibits has official custody of the same, it shall be sufficient that the appellee file the same and identify the same in an accompanying certificate. A copy of such certificate and of any counter designation shall be served forthwith upon the appellant.
(e) STATEMENT OF CASE. The appellant shall file in the family court, concurrently with the filing of appellant’s designation, a short and plain statement of the case and a prayer for relief. Certified copies of such statement shall be served forthwith upon every appellee. The statement shall be treated, as near as may be, as an original complaint and the provision of these rules respecting motions and answers in response thereto shall apply.
(f) and (g). Reserved.
(h) Costs. No appeal shall be heard, and the appeal shall be dismissed, unless the appellant shall pay all costs, if any, including costs for the transcribing of the transcripts, and furnish every bond or other security, if any, required by law.
(i) Stay. The filing of a notice of appeal shall not operate as a stay of the decision, order or action appealed from, unless otherwise provided by statute.
(j) Reserved.
(k) Judgment. Upon determination of the appeal, the court having jurisdiction shall enter judgment. Such judgment shall be reviewable, or final, as may be provided by law. Promptly after final determination of the appeal in the family court the clerk of the court shall notify the parties and the governmental official or body concerned of the disposition of the appeal.

1 The original order was filed on July 3, 2019. This amended order corrects the language concerning the appropriate filing of the notice of appeal, by deleting “court” after “circuit” in the first sentence of Rule 72(b).

Haw. Fam. Ct. R. 72

Added effective August 25, 1989; amended October 11, 1999, effective January 1, 2000; further amended March 29, 2006, effective July 1, 2006; further amended November 20, 2014, effective January 1, 2015; further amended July 9, 2019, effective January 1, 2020.