Haw. R. App. P. 3

As amended through June 28, 2024
Rule 3 - Appeals - How Taken
(a)Filing the notice of appeal. An appeal permitted by law from a court or agency shall be taken by filing a notice of appeal, together with such fees as are established by statute or these rules, with the appellate court within the time allowed by Rule 4 of these Rules. As required by Rule 25 of these Rules and Rules 2.2 and 4.1 of the Hawai'i Electronic Filing and Service Rules, attorneys who are registered users of the Judiciary Electronic Filing System (JEFS) shall electronically file the notice of appeal with the appellate court through JEFS. A self-represented party and an attorney who is exempt from registering as a JEFS User shall conventionally file the notice of appeal with the clerk of the court or agency appealed from. Within 7 days after the conventional filing of the notice of appeal, the clerk of the court or agency appealed from shall electronically file the notice of appeal with the appellate court. If an attorney who is a registered JEFS User erroneously files the notice of appeal with the clerk of the court or agency appealed from, or a notice of appeal that should be conventionally filed with the clerk of the court or agency appealed from is mistakenly submitted to the appellate clerk, the receiving clerk shall note on it the date of receipt and shall electronically file the notice of appeal with the appellate court within 7 days. The date of receipt shall be deemed the date the notice of appeal was filed with the appellate court. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal.
(b)Joint or consolidated appeals. If two or more parties are entitled to appeal from a judgment or order and their interests are such as to make joinder practicable, they may file a joint notice of appeal and thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of either of the Hawai'i appellate courts upon the court's own motion, upon motion of a party, or upon stipulation of the parties to the several appeals and approval by the court.
(c) Content of the notice of appeal.
(1) The notice of appeal shall identify the party or parties taking the appeal either in the caption or the body of the notice of appeal. An attorney representing more than one party may fulfill this requirement by describing those parties with such terms as "all plaintiffs," "the defendants," "plaintiffs A, B, et al.," or "all defendants except X." In a class action, whether or not the class has been certified, it is sufficient for the notice of appeal to name one person qualified to bring the appeal as representative of the class. In cases where fictitious titles are authorized by law, the first and last initials of the party or parties shall be used. In the event that a case involves parties bearing the same initials, middle initials shall be added.
(2) The notice of appeal shall designate the judgment, order, or part thereof and the court or agency appealed from. A copy of the judgment or order shall be attached as an exhibit. Forms 1, 2, and 3 in the Appendix of Forms are suggested forms of notices of appeal. An appeal shall not be dismissed for informality of form or title of the notice of appeal.
(d)Denomination of the parties. The party appealing shall be denominated the appellant and by the appellant's denomination in the proceeding from which the appeal is taken so that an appellant shall be denominated plaintiff-appellant or petitionerappellant or defendant-appellant or respondentappellant. All other parties shall be denominated appellees, and each appellee's denomination in the proceeding from which the appeal is taken shall also be included so that each appellee shall be denominated plaintiff-appellee or petitioner-appellee or defendant-appellee or respondent-appellee. Any appellee who supports the position of an appellant shall meet the time schedule for filing documents that is provided for that appellant.
(e)Service of the notice of appeal.
(1) The appellant shall serve a filed copy of the notice of appeal on each other party. Proof of service shall be filed, with the appellate court, within 7 days after the filing of the notice of appeal.
(2) Additionally, in all actions where the court appealed from is not required to enter findings of fact and conclusions of law prior to the entry of an order, judgment, or decree, but is required to do so once a notice of appeal is filed, the appellant shall comply with Rule 10(f) of these Rules.
(f)Payment of fees. If the fees are not paid, the clerk of the court or agency where the notice of appeal was filed shall file a notification in the appellate case forthwith.

Haw. R. App. P. 3

Amended December 6, 1999, effective 1/1/2000; further amended effective 1/3/2000; 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 June 4, 2015, effective 7/1/2015 further amended September 13, 2018, effective 1/1/2019.