How long do I have to file an appeal in Hawaii?
In general, you must file an appeal no later than 30 days after a Hawaii court enters a judgment.
The judgment depends on the type of case. In a criminal case, for example, the “judgment” means the judgment and sentence form. In a family law case, the final judgment likely consists of the final divorce order, parenting plan, or child support order.
What if I filed a motion for reconsideration? How does that affect the appeal deadline?
Under the Hawaii Rules of Appellate Procedure (HRAP), your timely filing of any post-judgment motions tolls(i.e. extends) the deadline by which you must file a notice of appeal.
Example: You file for divorce and litigate your case in the Second Circuit Court in Maui. After trial, the judge enters a parenting plan that you believe is unfair. The court enters the parenting plan on June 1, 2025.
You file a timely motion for reconsideration before the same judge, who enters an order denying your motion on July 15.
Under the HRAP, you have until August 14 to file your appeal in the Intermediate Court of Appeals
How much does it cost to file an appeal?
In general, you must pay $100 to appeal a Hawaii court decision, plus a civil administrative fee depending on the court from which you are appealing.
There are three (3) types of trial courts in Hawaii: circuit court, district court, and family court. Circuit courts have exclusive jurisdiction over felony criminal cases and civil cases where the amount in controversy exceeds $40,000.
By contrast, district courts handle misdemeanor crimes and most other civil cases such as evictions, small claims, restraining orders, and civil actions where the amount in controversy is less than $40,000.
Where do file my notice of appeal?
Unlike some states such as Washington, you must file a notice of appeal directly in the appellate court. Most of the time, you will be appealing an adverse decision to the Intermediate Court of Appeals, which hears nearly all appeals from trial courts and many state agencies.
How do I start the appeal process in Hawaii?
You must first fill out and file a notice of appeal in the appeals court. A notice of appeal is a simple form that identifies the parties and identifies the decision that you are appealing.
First, you must attach to your notice of appeal the judgment that you are appealing. For example, let's say you are convicted of second-degree murder in Honolulu, and you want to appeal. Under the Hawaii Rules of Appellate Procedure, you must file your notice of appeal along with the judgment and sentence from the Oahu First Circuit Court.
Second, after filing the appeal, you must serve the notice on the opposing party. You then must file this proof of service in the appellate court within seven (7) days. Using the example above, after you file your notice of appeal, you must serve the Honolulu Prosecuting Attorney's Office.
Third, if you are appealing a civil case, you must complete, file, and serve a Civil Appeal Docketing Statement (CDAS). The CDAS provides basic information about the case which you are appealing, such as the case name, the type of court (circuit or district), and whether you are appealing a trial decision or a pre-trial order.
FAQ: The Hawaii Appeals Process
Can I file a notice of appeal electronically?
Yes.
You may file electronically using the State of Hawaii's Judiciary's Electronic Filing and Service System (JFES). If you are not a JFES user. Anyone can register for a JFES account, not just licensed attorneys.
If you don't want to file electronically, you must either mail your notice to the court via first-class or certified mail. Alternatively, you can hire a process server to physically deliver your notice to the clerk's office at the courthouse.
Can I serve the notice of appeal on the other party electronically?
Yes. You can also serve the notice via JFES.
I'm not sure whether I want to appeal. Can I get more than 30 days to decide?
Yes, but you must file a request for an extension before the 30-day period expires. Note that you do not file this motion with the appellate court. You must file this request in the court from which you are appealing the decision.
Example: You are evicted from your rental property in Hilo, and you are deciding whether to appeal the eviction order issued out of the Hawaii Third District Court on June 15, 2025.
You file a motion to extend deadline to appeal on July 16, and you file it in the Intermediate Court of Appeals. Is this motion proper?
No, for two reasons. First, you filed the motion outside the 30-day window (July 15 was the last possible day). Second, you should have filed the motion with the district court, not the appellate court.
