ENTRY OF JUDGMENT; PREPARATION, FILING, & SERVICE OF THE JUDGMENT ON APPEAL; EFFECTIVE DATE OF JUDGMENT ON APPEAL; SIGNATURES
Hawai‘i Rules of Appellate Procedure
Rule: 36
Jurisdiction: HI
Bluebook Citation: HRAP 36
(a) Entry of judgment. The filing of the judgment on appeal constitutes entry of judgment. (b) Preparation, filing, and service of the judgment on appeal. (1) Preparation by the court . After a final decision, other than an order of dismissal, has been filed in an appeal, the court rendering the decision shall prepare and submit to the appellate clerk for filing the judgment on appeal, signed by a judge or justice for the court. (2) Service of the judgment . Upon the filing of the judgment, the appellate clerk shall serve a file-marked copy of the judgment on each party and on the court or agency from which the appeal was taken. (c) Effective date of intermediate court of appeals' judgment. The intermediate court of appeals’ judgment is effective as follows: (1) if no application for writ of certiorari is filed, (A) upon the thirty-first day after entry or (B) where the time for filing an application for a writ of certiorari is extended in accordance with Rule 40.1(a) of these Rules, upon the expiration of the extension or (2) if an application for a writ of certiorari is filed, (A) upon entry of the supreme court’s order dismissing or rejecting the application or (B) upon entry of the supreme court’s order or other disposition affirming in whole the judgment of the intermediate court of appeals. (d) Judgment after supreme court review. (1) Upon Transfer . Upon disposition after transfer from the intermediate court of appeals, the supreme court shall enter judgment in accordance with section (b) of this Rule. (2) Upon Acceptance or Rejection of Application for a Writ of Certiorari . If an application for a writ of certiorari is rejected, the judgment entered by the intermediate court of appeals shall stand. If an application for a writ of certiorari is accepted and the judgment of the intermediate court of appeals is wholly affirmed, the judgment entered by the intermediate court of appeals shall stand. If an application for a writ of certiorari is accepted and the judgment of the intermediate court of appeals is vacated or otherwise modified in whole or in part, a new judgment on appeal shall be entered by the supreme court and is effective upon entry. This subsection does not apply to an application for writ of certiorari of an order of dismissal entered by the intermediate court of appeals. (e) Signatures. Any order or judgment that is filed electronically bearing a facsimile signature in lieu of an original signature of a judge or clerk has the same effect as if the judge or clerk had affixed the judge’s or clerk’s signature to a paper copy of the order or judgment and it had been entered on the docket in a conventional manner. For purposes of this rule and any rules of court, the facsimile signature may be either an image of a handwritten signature or the software printed name of the judge preceded by /s/. COMMENT: See Rule 41 and its commentary ("the intermediate court of appeals’ judgment cannot be effective and jurisdiction cannot revert to the court or agency from which appeal was taken until the time for filing the application has expired or, if an application is filed, the supreme court has rejected or dismissed the application or affirmed the intermediate court of appeals’ judgment in whole.") (Amended December 6, 1999, effective January 1, 2000; Comment added and rule further amended June 20, 2006, effective July 1, 2006; Comment amended November 1, 2006, effective January 1, 2007; further amended August 30, 2010, effective September 27, 2010; further amended December 14, 2011, effective January 1, 2012; further amended October 13, 2015, effective January 1, 2016.)
Chat with this court rule using AI
Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.