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Rule 72 – Appeal to a Circuit Court

May 11, 2021 | Civil Procedure, Hawaii

(a)How taken. Where a right of redetermination or review in a circuit court is allowed by statute, any person adversely affected by the decision, order or action of a governmental official or body other than a court, may appeal from such decision, order or action by filing a notice of appeal in the circuit court having jurisdiction of the matter. As used in this Rule, the term “appellant” means any person or persons 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 circuit court within 30 days after the person desiring to appeal is notified of the rendering or entry of the decision or order, or of the action taken, in the manner provided by statute.
(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, within the time provided for filing the notice of appeal (or within such further time, not to exceed 30 days, as may be allowed by the court for good cause shown), file with the clerk of the circuit court a Designation of Record on Appeal (the “designation”), which shall specify the papers, transcripts, minutes and exhibits (“the designated materials”) that the appellant desires to be filed in the circuit court in connection with the appeal.

The appellant shall fill out an “Order for Certification and Transmission of the Record” form, provided by the circuit court, which shall command the governmental official or body whose decision, order or action is appealed from (the “agency”), to certify and transmit the designated materials to the circuit court within 20 days of the date of the “Order for Certification and Transmission of the Record” or within such further time as may be allowed by the circuit court.

If the appellant is a JEFS User, the appellant shall cause the “Order for Certification and Transmission of the Record” to be electronically issued and certified via JEFS.

If the appellant is not a JEFS User, the clerk, in the name and under the seal of the circuit court, shall date and sign the “Order for Certification and Transmission of the Record” and shall issue certified copies of the designation and order.

The appellant shall serve certified copies of the designation and “Order for Certification and Transmission of the Record” upon the agency and upon all parties and shall file with the clerk of the circuit court a certificate of service reflecting such service.

The circuit 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, file with the clerk of the circuit court a Counter-Designation of Record on Appeal (the “counter-designation”), which shall specify additional papers, transcripts, minutes and exhibits (the “counter-designated materials”) that the appellee desires to be filed in the circuit court in connection with the appeal. The appellee shall fill out an “Order for Certification and Transmission of the Record” form provided by the circuit court, which shall command the agency to certify and transmit the counter-designated materials to the circuit court within 20 days of the date of the “Order for Certification and Transmission of the Record” or within such further time as may be allowed by the circuit court.

If the appellee is a JEFS User, the appellee shall cause the “Order for Certification and Transmission of the Record” to be electronically issued and certified via JEFS.

If the appellee is not a JEFS User, the clerk, in the name and under the seal of the circuit court, shall date and sign the “Order for Certification and Transmission of the Record” and shall issue certified copies of the counter-designation and order.

The circuit court may compel obedience to the order by any appropriate process. When the agency is the counter-designating appellee, it shall be sufficient that the appellee agency file the counter-designated materials 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.

The appellee shall serve certified copies of the counter-designation and “Order for Certification and Transmission of the Record” upon the agency and upon all other parties and shall file with the clerk of the circuit court a certificate of service reflecting such service.

(e)Statement of case. The appellant shall file in the circuit 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)Briefs; oral argument.

(1) Briefs; Deadlines. The opening brief shall be filed within 40 days after the filing of the record on appeal. The answering brief shall be filed within 40 days after service of the appellant’s opening brief. Within 14 days after service of the appellee’s answering brief, the appellant may file a reply brief. Reply briefs shall be confined to matters presented in the answering brief. If no reply brief is to be filed, the appellant shall notify the clerk and the appellee in writing of the decision not to file a reply brief, prior to the expiration of the time for filing the reply brief.
(2) Requirements. The opening, answering, and reply briefs shall be subject to the page limitations set forth in Rule 28(a) of the Hawaii Rules of Appellate Procedure and shall include, at a minimum:

(A) a statement of the questions presented for decision;
(B) a brief statement of the facts (that need not duplicate the statement of the case separately required under Rule 72(e) of this Rule);
(C) a concise argument; and
(D) a conclusion specifying the relief sought.
(3) Oral Argument. On the filing of the answering brief, the court shall schedule the matter for oral argument, with argument to take place after the deadline for the reply brief.
(g)Trial by jury. Where by law an appeal may be tried before a jury, the case shall be tried without jury unless any appellant or appellee shall have demanded trial by jury in the manner and within the time provided in Rule 38 of these Rules.
(h) Costs. No appeal shall be heard, and the appeal shall be dismissed, unless the appellant shall pay all costs, if any, 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 or unless ordered, for good cause shown, by the circuit court.
(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 circuit court or in the appellate court, the clerk of the court finally determining the case shall notify the governmental official or body concerned, of the disposition of the appeal.

Haw. R. Civ. P. 72

Amended May 15, 1972, effective July 1, 1972; further amended and effective May 8, 1996; further amended May 30, 2006, effective July 1, 2006; further amended August 26, 2011, effective January 1, 2012; amended October 4, 2019, effective October 28, 2019; amended October 31, 2019, effective nunc pro tunc October 28, 2019; further amended July 3, 2019, effective January 1, 2020.