(a) Briefing schedules and scheduling of argument dates. The court shall issue a briefing schedule which will inform parties that oral argument will be scheduled upon request. (b) Opening brief, answering brief and reply brief. All briefs submitted for appellate review to the family court shall conform with Hawai’i Rules of Appellate Procedure Rule 28. (c) Extension of time for briefs. Upon timely
(1) oral request, or(2) written motion, or (3) letter request by a party, the clerk of court shall grant one extension of time for no more than 30 days for the filing of an opening or answering brief and no more than 10 days for the filing of a reply brief. The clerk shall note on the record that the extension was granted and the date the brief is due. The requesting party shall notify all other parties that the extension was granted and shall file a copy of the notice in the record. A request is timely only if it is received by the clerk within the original time for filing of the brief. The submission of a request or motion for extension does not toll the time for filing a brief. (d) Briefs not timely filed or not in conformity with rule. When the brief for appellant is not filed within the time required, the clerk shall forthwith give notice to the parties that the matter will be called to the attention of the court on a day certain for such action as the court deems proper and that the appeal may be dismissed. When the brief of an appellant is otherwise not in conformity with these rules, the appeal may be dismissed or the brief stricken and monetary or other sanctions may be levied by the court with prior notice to the parties. When the brief of an appellee is not filed within the time required, or is not in conformity with these rules, the brief may be stricken and monetary or other sanctions may be levied by the court with prior notice to the parties. In addition, the court may accept as true the statement of facts in the appellant’s opening brief. Any party who may be adversely affected by application of this Rule may submit a memorandum, affidavits or declarations, or declarations setting forth the reasons for non-conformance with these rules.
Haw. Fam. Ct. R. 72.1
Added November 20, 2014, effective January 1, 2015.
