Rule 4 - Civil Appeal Docketing Statement; Timing of the Mediation(a) Civil Appeal Docketing Statement; Response. Concurrent with the filing of the notice of appeal or cross-appeal, each appellant or cross-appellant in each civil case not otherwise excluded from the program, see Rule 2 of these rules, shall file a Civil Appeal Docketing Statement (CADS) on the form provided by the court. Each appellant or cross-appellant shall attach to the CADS: (1) a copy of the judgment or order appealed from; (2) a copy of any written opinion or findings of fact and conclusions of law supporting the judgment or order; and (3) proof of service on all other parties to the proceedings below. Any other party may file a response to a CADS. The response must be filed within 7 days after service of the CADS. (b) Notice; Timing of Mediation. If a case is scheduled for mediation, the appellate clerk will send a notice to the parties within 30 days after the CADS is filed. The program will schedule mediation as soon as possible after a case has been included in the program and will send the parties a Notice of Mandatory Mediation with information about program requirements. (c) Required Submittals to Mediation. Attorneys and parties shall comply with the requirements in the Notice of Mandatory Mediation issued by the program. The mediator may request additional information and documents from attorneys and parties and may extend deadlines for those submittals. Haw. App. Med. Prog. R. 4
As amended and effective 2/26/1996; further amended September 7, 2011, effective 1/1/2012 .COMMENTARY:
The CADS form is included in the Appendix to the Hawai'i Rules of Appellate Procedure. Appellants in civil cases that fall within this program, see Rule 2 of these rules, must file the CADS when they file their Notice of Appeal.
An appellee may file a response to the CADS within 7 days after service.
Copies of the CADS and any response thereto must be served on all parties to the proceedings below. Failure to comply with these requirements may result in dismissal of the appeal.
If a case is accepted into the program, counsel and parties will be notified. The notice will be sent within 30 days after the CADS is filed. A scheduling order will notify counsel and parties listed on the Court's docket of the date, time, and place of the mediation.