NOTICE OF BANKRUPTCY FILING; RELIEF FROM OR TERMINATION OF STAY OF PROCEEDINGS BY FEDERAL DISTRICT OR BANKRUPTCY COURT

(a) Notice of appeal; record on appeal; briefing. Whenever a federal district or bankruptcy court terminates or otherwise grants relief from a stay of proceedings that has been entered with respect to a civil case in which an appeal is permitted by law and no notice of appeal has been filed, the provisions of Rule 4 of these Rules shall apply as if the date of termination of, or other grant of relief from, the stay was the date of entry of the judgment appealed from; if a notice of appeal has been filed but the record not yet docketed, provisions of Rules 10, 11, and 12 of these Rules shall apply as if the date of termination of, or other grant of relief from, the stay was the date of filing the notice of appeal; if the record has been filed and briefing has not been completed, the provisions of Rules 28, 29, and 30 of these Rules shall apply as if the date of termination of, or other grant of relief from, the stay was the date of the filing of the last appropriate document. (b) Notice. If any party has knowledge of a bankruptcy action that stays an appeal, including when a party files for bankruptcy while an appeal is pending, the party with knowledge shall immediately file a notice of bankruptcy with the appellate court. The notice shall include the name of the federal district or bankruptcy court, the case number of the bankruptcy filing, and the date of its initiation. On the termination of, or other grant of relief by the federal district or bankruptcy court from a stay of proceedings pending in the Hawai‘i appellate courts, each party with such knowledge shall file a notification thereof with the appellate court within 7 days. (c) Appellate court action during pendency. The state appellate court shall not consider motions or requests for relief during the pendency of a bankruptcy. Parties claiming that a bankruptcy stay is not in effect shall file in the state appellate court a certified copy of the order of the federal district or bankruptcy court confirming the absence of a stay, or vacating or modifying the stay, or otherwise granting permission for the state case to proceed. (Added December 6, 1999, effective January 1, 2000; further amended August 30, 2010, effective September 27, 2010; further amended October 23, 2018, effective January 1, 2019; further amended March 1, 2019, effective July 1, 2019.) Form 1. Notice of Appeal to the Intermediate Court of Appeals from a Judgment, Order or Decree of a Circuit/District/Family/Land/Tax Court. Form 2. Notice of Appeal to the Intermediate Court of Appeals from a Decision and Order of an Agency, Board, Commission or Officer. Form 2a. Notice of Appeal to the Supreme Court from a Decision and Order of an Agency, Board, Commission or Officer. Form 3. Notice of Appeal to the Circuit Court from a Decision and Order of an Agency, Board, Commission or Officer. Form 4. Affidavit to Accompany Motion for Leave to Appeal In Forma Pauperis Form 5. Reserved. Form 6. Civil Appeal Docketing Statement Form 7. Request for Attorney’s Fees and Expenses for Indigent Representation Form 7a. Blank Hourly Worksheet (Indigent Representation) Form 7b. Completed Hourly Worksheet (Indigent Representation) Form 8. Request for Attorney’s Fees and Expenses for Non-Indigent Representation Form 8a. Blank Hourly Worksheet (Non-Indigent Representation) Form 8b. Completed Hourly Worksheet (Non-Indigent Representation) Form 9. Request for Transcript(s) of Proceedings Appendix A The following is a list of the number of paper copies required in addition to the electronic or conventionally filed original document submitted to the Hawaiʻi appellate courts. The number does not include those copies the parties need for service or themselves. Additional copies may be requested. Supreme Court ICA Amicus Curiae Briefs 6 4 Motion for Stay 1 1 Motion to Dismiss 1 1 Motion for Reconsideration 1 1 Opening/Answering/Reply Briefs 6 4 Petition for Writ of Mandamus 1 -- Petition for Writ of Prohibition 1 -- Request for Attorneys’ Fees and Expenses 1 1 Supplemental Briefs 6 4 Verified Bill of Costs 1 1 APPENDIX B (HRAP Rule 45(e)(1) -- Filing fees) Appellate Court Case Type Document Name/Type Description of Fees and Authorizing Statute/Rule Fee(s) Agreed Statement Submission Upon a Statement of Agreed Fact Appellate Court Filing Fee HRS § 607-6(a) $100 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Appeal Notice of Appeal or Cross-Appeal District or District Family Court – Civil Appellate Court Filing Fee HRS § 607-6(a) $100 Notice of Appeal from District Court or District Family Court HRS § 607-4(b)(4) $100 Civil Administrative Fee HRS § 607-4(b)(10) $20 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Appeal Notice of Appeal or Cross-Appeal Circuit Court – Civil Appellate Court Filing Fee HRS § 607-6(a) $100 Notice of Appeal from Circuit Court HRS § 607-5(c)(23) $100 Civil Administrative Fee HRS § 607-5(c)(32) $50 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Appeal Notice of Appeal or Cross-Appeal District, District Family, Or Circuit Court – Criminal Appellate Court Filing Fee HRS § 607-6(a) $100 Appellate Court Case Type Document Name/Type Description of Fees and Authorizing Statute/Rule Fee(s) Appeal Notice of Appeal or Cross-Appeal Agency Appellate Court Filing Fee HRS § 607-6(a) $100 Civil Administrative Fee HRS § 607-5(c)(32) $50 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Appeal Notice of Appeal or Cross-Appeal (Others) Appellate Court Filing Fee HRS § 607-6(a) $100 Civil Administrative Fee HRS § 607-5(c)(32) $50 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Attorney Discipline Report & Recommendation for Discipline RSCH Rule 2.12A Motion RSCH Rule 2.17 Affidavit for Reinstatement RSCH Rule 2.17 Report Regarding Petition for Reinstatement RSCH Rule 2.19 Petition RSCH Rule 2.20 Petition for Appointment of Trustee RSCH Rule 2.23 Petition for Interim Suspension Not applicable None Appellate Court Case Type Document Name/Type Description of Fees and Authorizing Statute/Rule Fee(s) Bar Admission Application for Admission Bar Application Fee RSCH Rule 1.4(a) $500 effective for the February 2014 bar exam and thereafter Oath of Attorneys Attorney Licensing Fee HRS § 605-5 $10 Certified Question Certified Question Appellate Court Filing Fee HRS § 607-6 (a) $100 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Certiorari Proceedings Application for a Writ of Certiorari Not applicable None Election Contest Complaint Appellate Court Filing Fee HRS § 607-6(a) $100 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Judicial Discipline Complaint Letter Not applicable None Miscellaneous Court Order Not applicable None Other Petition, general Petition for Writ (Mandamus, Prohibition, Habeas Corpus, etc.) Petition to Resign and Surrender License Appellate Court Filing Fee HRS§ 607-6(a) $100 Indigent Services Surcharge HRS § 607-5.7(c) $65 from January 1, 2014 Reserved Question Reserved Question Not applicable None Rules Proposed Rule Amendments Not applicable None Transfer Proceedings Application for Transfer Not applicable None APPENDIX C (HRAP Rule 45(e)(2) -- Copying Costs) 1. For single copies of any document in any public record, whether paper or electronic, maintained: a. in or accessed through the appellate clerk’s office $1.00 for the first page, $ .50 for each additional page b. in an off-site storage location $5.00 plus per page copying charge c. on microfilm – retrieved by the clerk $5.00 plus $1.00 per page d. on microfilm – obtained via self-service $1.00 per page 2. For faxing of any document in any public record, the applicable copying and retrieval charges in 1. above, plus: a. within Hawaiʻi $2.00 first page, $1.00 each additional page b. outside Hawaiʻi, within the United States $5.00 first page, $2.00 each additional page c. outside the United States $10.00 first page, $ 5.00 each additional page 3. For a single document downloaded through eCourt Kōkua and not subject to an Enhanced eCourt Kōkua subscription The greater of $3.00 or 10 cents per page 4. For copy of an audio or video recording $10.00 5. Enhanced eCourt Kōkua Subscription: a. government agency No charge b. all others $125.00 per quarter or $500.00 per year 6. For access to view an electronic case record at the Office of the Clerk or at the Office of any ex officio Clerk No charge 7. For certification of qualification $5.00 8. For ex officio filing (in addition to the usual filing fee) $10.00 9. For certification under seal of a copy of any document $2.00 10. For exemplification $4.00