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An appeal is the process of asking a higher court to review a decision made by a lower court or administrative agency. In Hawaii, appeal law establishes how individuals and entities can challenge a trial court judgment, administrative ruling, or agency decision. The process provides an essential safeguard, allowing for correction of errors and upholding justice. Hawaii’s appeals are governed primarily by state statutes, court rules, and case law interpretations, and may involve either state or federal courts depending on the case.
Appealing a legal decision is a complex and highly procedural process. Here are common situations where legal help in an appeal may be necessary:
An experienced appeal lawyer helps navigate the strict deadlines and formalities, crafts persuasive legal arguments, and understands how appellate judges interpret the law. Attempting an appeal without legal representation can be risky and may forfeit important rights.
Hawaii’s appeal process is largely shaped by the Hawaii Revised Statutes, the Hawaii Rules of Appellate Procedure, and guidelines published by the Hawaii Judiciary. Key aspects include:
Both civil and criminal cases, as well as administrative agency decisions, can be appealed in Hawaii, provided certain conditions are met. Some rulings, such as advisory opinions or procedural orders, may not be appealable.
Typically, a notice of appeal must be filed within 30 days of the final judgment or order. Some cases, especially involving government agencies, may have different or shorter deadlines.
No, appeals are generally limited to reviewing the record from the lower court or agency. New evidence is rarely allowed unless a significant error occurred that affected the ability to present evidence earlier.
The appellate court can affirm (agree with), reverse (overturn), modify, or remand (send back) the lower court’s decision for further proceedings.
While self-representation (pro se) is allowed, the rules and procedures for appeals are strict and complex. Most people benefit from having an attorney to avoid mistakes that could forfeit vital rights.
Costs can include filing fees, transcript fees, and attorney’s fees. While some costs are fixed, legal fees vary based on the complexity of the case and the attorney’s experience. Some cases may qualify for fee waivers or pro bono support.
No, only final judgments or orders, or certain interlocutory (before final) orders that affect key rights, can be appealed. Consult a lawyer to determine if your case qualifies.
The Intermediate Court of Appeals is one of the two courts that review appeals in Hawaii’s state court system, usually handling most appeals from trial courts before any further review by the Hawaii Supreme Court.
Filing an appeal does not automatically stop enforcement. In some cases, you must request a stay from the court to pause the implementation of the judgment while the appeal is pending.
Appeals can take several months to over a year to resolve, depending on the complexity of the case, the court’s schedule, and whether further appeals are filed.
If you believe an error was made in your case or you wish to challenge a decision, consider these steps:
Navigating the appeals system is challenging but essential for protecting your legal rights. Taking timely action and seeking the right legal guidance significantly improves your chances of a favorable outcome.
