Rule 24 - Proceedings in Forma Pauperis(a) Leave to proceed on appeal in forma pauperis from a court or agency determination to the Hawai'i appellate courts. A motion for leave to proceed on appeal in forma pauperis from a court or agency determination shall ordinarily be made in the first instance to the court or agency appealed from. A party to an action in a court or administrative agency who desires to proceed on appeal in forma pauperis may file in the appellate court a motion for leave to so proceed. The motion shall be accompanied by a declaration, showing, in the detail prescribed by Form 4 in the Appendix of Forms of these Rules, the party's inability to pay the required filing fees or to give security for costs and the party's belief that the party is entitled to redress. The motion shall show that application to the court or agency appealed from for the relief sought is not practicable, or that the court or agency appealed from has denied an application, or has failed to afford the requested relief, with the reasons given by the court or agency appealed from for its action. A party who has filed such a motion may file the notice of appeal without being required to prepay the filing fees. If the motion is granted, the party may proceed with the appeal without prepayment of fees or costs or the giving of security therefor.
(b)Effect of prior leave to proceed in forma pauperis in forma pauperis. Notwithstanding the provisions of the preceding paragraph, a party who has been permitted to proceed in an action in a court or agency in forma pauperis, or who has been permitted to proceed as one who is financially unable to obtain adequate defense in a criminal case, may proceed on appeal in the same action in forma pauperis without further authorization unless, before or after the notice of appeal is filed, the court or agency finds that the party is otherwise not entitled so to proceed, in which event the court or agency shall state in writing the reasons for such finding.(c)Effect of denial of motion for leave to proceed in forma pauperis in forma pauperis. If the motion to proceed in forma pauperis is denied, the movant shall, within 10 days after the denial of such a motion, pay all unpaid filing fees and shall give security for costs. Failure of the unsuccessful movant to pay the unpaid filing fees or to give security for costs shall not affect the validity of the appeal, but is ground for such action as the appellate court having jurisdiction over the appeal deems appropriate, and may include dismissal of the appeal.Amended December 6, 1999, effective 1/1/2000; further amended October 6, 2003, effective 1/1/2004; further amended June 20, 2006, effective 7/1/2006; further amended August 30, 2010, effective 9/27/2010; further amended December 21, 2015, effective 1/1/2016; further amended August 4, 2020, effective 8/4/2020 immediately.