Hawaii Notice of Appeal
Hawaii is one of the few states where a court can actually extend the notice-of-appeal deadline, while a small claims judgment cannot be appealed at all.
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Introduction
In Hawaii, a notice of appeal from a final civil judgment is due within 30 days after entry of the judgment or appealable order, meaning the date it is filed in the office of the clerk of the court, not the date it is signed, announced, or served (HRAP Rule 4(a)(1), 4(a)(5)). A notice filed after the decision is announced but before entry is treated as filed immediately after entry (Rule 4(a)(2)). A timely motion for judgment as a matter of law, to amend the judgment or make additional findings, for new trial, to reconsider, alter, or amend the judgment, or for attorney's fees or costs extends the notice-of-appeal time for all parties until 30 days after entry of the order disposing of that motion (Rule 4(a)(3)); the trial court must rule on the motion within 90 days of it being filed, or the clerk must notify the parties it is deemed denied, and the appeal clock then runs from that notice. Unlike most states, Hawaii lets a court extend the deadline itself: before the 30 days run out, the trial court may add up to 30 more days on a motion showing good cause, filed within the original 30 days, and even after the 30 days expire, the court may still add up to 30 more days on a motion showing excusable neglect, filed within 30 days after the deadline passed (HRAP Rule 4(a)(4)(A)-(B)). The notice is filed with the clerk of the court appealed from, ordinarily the circuit court; attorneys registered to e-file through the Judiciary Electronic Filing System file it directly with the appellate court, while self-represented parties file with the trial court clerk, who must transmit it electronically to the appellate court within 7 days. The appeal itself goes to the Intermediate Court of Appeals, which hears civil appeals from both circuit and district courts alike (HRS 641-1(a)). HRAP Rule 3(c) requires the notice to identify the party taking the appeal and designate the judgment or order, or the part of it, appealed from and the court it came from, and requires a copy of that judgment or order to be attached to the notice as an exhibit; no particular form or title is required, and a Civil Appeal Docketing Statement, conforming to Form 6 of the HRAP Appendix of Forms, must accompany the notice in most civil cases (Rule 3.1(a)-(b)). Filing costs $100, payable to the clerk of the court appealed from at the time of filing, in addition to a deposit toward appeal costs (Haw. Rev. Stat. 607-5(b)(23); confirm the current fee with the clerk). Filing the notice does not by itself stop collection of the judgment; a stay or approval of a supersedeas bond is ordinarily sought first from the court or agency appealed from (HRAP Rule 8(a)-(b)). There is no appeal from a Hawaii small claims judgment at all: the only relief is a motion filed within 10 days after entry of judgment, asking the same small claims division to alter or set aside its own judgment (HRS 633-28(a); RSCD Rule 12(a)-(b)). This page covers an appeal from a final civil judgment only; criminal, administrative agency, federal court, and interlocutory appeals follow separate rules. Attorney review is available before you file.
Key Things to Know
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You have 30 days to file a notice of appeal in Hawaii, and the clock starts on entry of the judgment or appealable order, meaning the date it is filed in the clerk's office, not the date it is signed or served (HRAP Rule 4(a)(1), 4(a)(5)). A timely motion for judgment as a matter of law, to amend or make additional findings, for new trial, to reconsider, alter, or amend the judgment, or for attorney's fees or costs extends the notice-of-appeal time for all parties until 30 days after entry of the order disposing of that motion (HRAP Rule 4(a)(3)).
- 2
Hawaii is one of the few states that lets a court extend this deadline. Before the 30 days run out, the trial court may extend it up to 30 additional days on a motion showing good cause, filed within the original 30 days (HRAP Rule 4(a)(4)(A)). After the 30 days expire, the court may still grant up to 30 more days on a motion showing excusable neglect, filed within 30 days after the deadline passed (HRAP Rule 4(a)(4)(B)).
- 3
File the notice with the clerk of the court appealed from, typically the circuit court; the appeal goes to the Intermediate Court of Appeals, which hears civil appeals from both circuit and district courts (HRS 641-1(a)). Attorneys registered to e-file through the Judiciary Electronic Filing System file the notice directly with the appellate court; self-represented parties file with the trial court clerk, who must transmit it electronically to the appellate court within 7 days.
- 4
HRAP Rule 3(c) requires the notice to identify the party taking the appeal and designate the judgment or order, or the part of it, being appealed and the court it came from, and requires a copy of that judgment or order to be attached to the notice as an exhibit. No particular form or title is required, and an appeal is not dismissed for informality of the notice's form (Rule 3(c)(2)).
- 5
A Civil Appeal Docketing Statement, conforming to Form 6 of the HRAP Appendix of Forms, must be filed with the notice of appeal in most civil cases (HRAP Rule 3.1(a)-(b)). The appellant must also serve a filed copy of the notice on every other party and file proof of that service within 7 days (HRAP Rule 3(e)(1)).
- 6
Filing costs $100, payable to the clerk of the court appealed from at the time of filing, in addition to a deposit toward appeal costs (Haw. Rev. Stat. 607-5(b)(23), 607-7(a); confirm the current fee with the clerk). Filing the notice does not by itself stop collection of the judgment; a stay or approval of a supersedeas bond is ordinarily sought first from the court or agency appealed from under HRAP Rule 8(a)-(b).
- 7
There is no appeal from a Hawaii small claims judgment. HRS 633-28(a) states that there shall be no appeal from a judgment of the small claims division; the only relief is a motion filed within 10 days after entry of judgment asking the same small claims division to alter or set aside its own judgment (RSCD Rule 12(a)-(b)).
Key decisions before you file
Before you file a Notice of Appeal in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Hawaii Requirements for Notice of Appeal
30-Day Deadline Runs From Entry of Judgment
A Hawaii notice of appeal is due within 30 days after entry of the judgment or appealable order, meaning the date it is filed in the office of the clerk of the court, not the date it is signed or served (HRAP Rule 4(a)(1), 4(a)(5)).
Deadline Can Be Extended, Unlike Many States
Before the 30 days expire, the trial court may extend the deadline up to 30 additional days on a motion showing good cause, filed within the original 30 days. After the 30 days expire, the court may still extend it up to 30 more days on a motion showing excusable neglect, filed within 30 days after the deadline passed (HRAP Rule 4(a)(4)(A)-(B)).
Post-Trial Motions Extend the Deadline
A timely motion for judgment as a matter of law, to amend the judgment or make additional findings, for new trial, to reconsider, alter, or amend the judgment, or for attorney's fees or costs extends the notice-of-appeal time for all parties until 30 days after entry of the order disposing of that motion (HRAP Rule 4(a)(3)).
Filed With the Court Appealed From
The notice is filed with the clerk of the court appealed from, ordinarily the circuit court. Registered e-filers using the Judiciary Electronic Filing System file directly with the appellate court; self-represented parties file with the trial court clerk, who must transmit the notice electronically to the appellate court within 7 days.
Judgment or Order Must Be Attached as an Exhibit
HRAP Rule 3(c)(2) requires a copy of the judgment or order appealed from to be attached to the notice of appeal as an exhibit, in addition to designating the judgment or order and the court it came from.
Civil Appeal Docketing Statement Required
A Civil Appeal Docketing Statement, conforming to Form 6 of the HRAP Appendix of Forms, must be filed with the notice of appeal in most civil cases (HRAP Rule 3.1(a)-(b)).
Notice Must Be Served on Other Parties
The appellant must serve a filed copy of the notice of appeal on each other party and file proof of that service with the appellate court within 7 days after the notice is filed (HRAP Rule 3(e)(1)).
Filing Fee and Costs Deposit
Filing a notice of appeal costs $100, payable to the clerk of the court appealed from at the time of filing, in addition to a deposit toward appeal costs (Haw. Rev. Stat. 607-5(b)(23), 607-7(a)); confirm the current fee with the clerk.
No Appeal From a Small Claims Judgment
HRS 633-28(a) states that there shall be no appeal from a judgment of the small claims division. The only available relief is a motion filed within 10 days after entry of judgment, asking the same small claims division to alter or set aside its own judgment (RSCD Rule 12(a)-(b)).