How to Appeal a Court’s Decision in Hawaii?
Appeals in the state of Hawaii should be filed electronically by your attorney through the JEFS online system. Otherwise, they can be submitted in person to the trial court during regular business hours.
Notice of Appeal
Unless otherwise arranged you have thirty days to file an appeal. You may file online or in person with the lower court that held the initial trial. Your notice of appeal alerts the courts that you want the case reviewed in front of a panel of three judges. Your notice of appeal document must contain the following information:
- Name and address of the appellant.
- Reference to the initial court trial (docket and case number).
- A copy of the final ruling on the case.
- $100 fee paid when filing.
You, the appellant are required to notify all parties that you have filed an appeal within seven days of registering it with the court.
You must request that the “Record on Appeal” be prepared and sent to the appellate court for review. The record on appeal are all the transcripts, documents and other media used in the original trial.
Statement of Jurisdiction
Both sides must also file another document called the Statement of Jurisdiction within ten days of the appeal. This document provides substantiation that the appeal is justified so it may be approved for processing. After filing your statement of jurisdiction and within ten days of filing your appeal, you have to request the transcript of the original trial.
The appellant brief is due within forty days after filing your appeal. The appellee brief is due forty days after receiving the appellant brief, and the reply brief which is optional is also due forty days after the appellee brief. Your brief must not be longer than thirty-five page, and it must contain the following:
- Table of contents
- Table of authorities
- Statement of the case/points
- The argument with references to case documents and precedent cases.
- A closing with a request for resolution.
You may also request permission to present an oral argument to the court.