chapter-602•Hawaii Revised Statutes, Chapter 602 — Courts of Appeal
chapter-602Haw. Rev. Stat. ch. 602Code1 de jan. de 1892
Division 4. Courts and Judicial Proceedings — Title 32. Courts and Court Officers
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
The supreme court, pursuant to section 2 of article VI of the Constitution, shall consist of a chief justice and four associate justices.
[L 1892, c 57, §49; am L 1903, c 32, §13; RL 1925, §2221; RL 1935, §3590; RL 1945, §9601; RL 1955, §214-1; am L Sp 1959 1st, c 5, §2(a); HRS §602-1; ree L 1979, c 111, pt of §2]
Effective July 1, 2004, the salary of the chief justice of the supreme court and the salary of each associate justice of the supreme court shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the chief justice of the supreme court and the salary of each associate justice of the supreme court shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature.
[L Sp 1959 1st, c 4, §1; am L 1962, c 28, §30a; am L 1965, c 223, §12; Supp, §214-1.5; HRS §602-2; am L 1969, c 127, §10; am L 1975, c 58, §26; ree L 1979, c 111, pt of §2; am L 1982, c 129, §25(1); am L 1986, c 128, §22; am L 1990, c 72, §3; am L 1999, c 65, §4; am L 2000, c 2, §2; am L 2003, c 123, §2; am L 2006, c 299, §7]
Wherever, by the provisions of any law of the State, any act is required to be performed by the chief justice of the supreme court, the act may (unless otherwise expressly provided) be performed, in case of a vacancy in the office of chief justice, or if the chief justice is ill, absent, or otherwise unable to serve, by an associate justice of the court designated in accordance with the rules of the supreme court.
[L 1892, c 72, §4; RL 1925, §2222; RL 1935, §3591; RL 1945, §9602; RL 1955, §214-2; am L Sp 1959 1st, c 5, §2(b); HRS §602-3; am L 1972, c 88, §2(a); ree L 1979, c 111, pt of §2; gen ch 1985]
The supreme court shall have the general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses therein where no other remedy is expressly provided by law.
[L 1892, c 57, §50; RL 1925, §2223; RL 1935, §3592; RL 1945, §9603; RL 1955, §214-3; HRS §602-4; ree L 1979, c 111, pt of §2]
(a) Except as otherwise provided, the supreme court shall have jurisdiction and powers as follows:
(1) To hear and determine all questions of law, or of mixed law and fact, which are properly brought before it by application for a writ of certiorari to the intermediate appellate court or by transfer as provided in this chapter;
(2) To answer, in its discretion, any question of law reserved by a circuit court, the land court, or the tax appeal court, or any question or proposition of law certified to it by a federal district or appellate court if the supreme court shall so provide by rule;
(3) To exercise original jurisdiction in all questions arising under writs directed to courts of inferior jurisdiction and returnable before the supreme court, or if the supreme court consents to receive the case arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices; and such other original jurisdiction as may be expressly conferred by law;
(4) To issue writs of habeas corpus, or orders to show cause as provided by chapter 660, returnable before the supreme court or a circuit court, and any justice may issue writs of habeas corpus or such orders to show cause, returnable as above stated;
(5) To make or issue any order or writ necessary or appropriate in aid of its jurisdiction, and in such case, any justice may issue a writ or an order to show cause returnable before the supreme court; and
(6) To make and award such judgments, decrees, orders and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to it by law or for the promotion of justice in matters pending before it.
(b) All cases addressed to the jurisdiction of the supreme court or of the intermediate appellate court shall be filed with the clerk of the supreme court as provided by the rules of court. The clerk shall maintain the record of each case whether addressed to the jurisdiction of the supreme court or the jurisdiction of the intermediate appellate court.
[L 1892, c 57, §51; RL 1925, §2224; RL 1935, §3593; RL 1945, §9604; RL 1955, §214-4; HRS §602-5; am L 1972, c 88, §2(b); am L 1979, c 111, pt of §2; gen ch 1985; am L 1986, c 199, §1; am L 2004, c 202, §55; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2016, c 48, §§10, 14; am L 2017, c 99, §1; am L 2019, c 213, §1]
(a) Notwithstanding the provisions of any other law to the contrary, the supreme court shall determine whether, and the extent to which, the judiciary, will create, accept, retain, or store in electronic form any case, fiscal, and administrative records and convert written case, fiscal, and administrative records to electronic records.
(b) Notwithstanding the provisions of section 94-3, the supreme court shall determine the care, custody, and disposition of all judiciary case, fiscal, and administrative records. A record of dispositional activity shall be maintained stating whether a record was retained by the judiciary; transferred to public archives, the University of Hawaii, the Hawaiian Historical Society; or another agency; or destroyed. This record shall be kept on forms specified by the supreme court. One copy of the record shall be filed in the court where the records originated, and the original shall be filed with the administrative director of the courts or an agency designated by the director.
[L 1984, c 258, §1; am L 1997, c 58, §1; am L 2002, c 6, §1]
L 1972, c 88, §2(h).
The supreme court may compel the attendance of witnesses and the production of books, papers, documents or tangible things, and any justice may administer oaths.
[L 1892, c 57, §52; RL 1925, §2226; RL 1935, §3595; RL 1945, §9606; RL 1955, §214-6; HRS §602-7; am L 1972, c 88, §2(c); ree L 1979, c 111, pt of §2]
The supreme court shall be deemed to be in continuous session. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders.
[L 1892, c 57, §54; am L 1901, c 22, §1; RL 1925, §2227; RL 1935, §3596; RL 1945, §9607; RL 1955, §214-7; HRS §602-8; am L 1972, c 88, §2(d); ree L 1979, c 111, pt of §2; am L 1984, c 106, §1]
The supreme court shall sit in Honolulu; provided that the chief justice may appoint a different place for the sitting of the court, pro tempore.
[L 1892, c 57, §55; am L 1901, c 22, §2; RL 1925, §2228; RL 1935, §3597; RL 1945, §9608; RL 1955, §214-8; HRS §602-9; am L 1972, c 88, §2(e); ree L 1979, c 111, pt of §2]
L 1972, c 88, §2(h).
The supreme court shall have power to promulgate rules in all civil and criminal cases for all courts relating to process, practices, procedure and appeals, which shall have the force and effect of law. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant, nor the jurisdiction of any of the courts, nor affect any statute of limitations.
Whenever in a statute it is provided that the statute is applicable "except as otherwise provided," or words to that effect, these words shall be deemed to refer to provisions of the rules of court as well as other statutory provisions.
[L 1939, c 215, §1; RL 1945, §9614; RL 1955, §214-14; HRS §602-21; am L 1972, c 88, §2(g); ren L 1979, c 111, pt of §2]
L 1972, c 88, §2(h).
L 1972, c 88, §2(h).
The intermediate appellate court shall consist of a chief judge and six associate judges. The chief judge, who shall be specifically selected, shall supervise the administrative duties of the court.
[L 1979, c 111, pt of §3; am L 1992, c 253, §2; am L 2001, c 248, §1; am L 2022, c90, §1]
Effective July 1, 2004, the salary of the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature.
[L 1979, c 111, pt of §3; am L 1982, c 129, §25(2); am L 1986, c 128, §23; am L 1990, c 72, §4; am L 1999, c 65, §5; am L 2000, c 2, §3; am L 2003, c 123, §3; am L 2006, c 299, §8]
The intermediate appellate court shall be deemed always to be in continuous session. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders.
[L 1979, c 111, pt of §3; am L 1984, c 106, §2]
The intermediate appellate court shall sit in Honolulu; provided that the chief judge may appoint a different place for the sitting of the court, pro tempore.
[L 1979, c 111, pt of §3]
Parties shall be entitled to a hearing before a panel of not less than three intermediate appellate judges. In case of vacancy, or if the number of available intermediate appellate judges is insufficient to make up a panel because of disqualification, the chief justice of the supreme court may designate circuit judges, retired intermediate appellate judges, or retired supreme court justices to temporarily fill the vacancy or the need to make up a panel. A judge serving temporarily shall not be actively engaged in the practice of law. Substitute judges shall be compensated per diem at a rate of pay equivalent to that of associate intermediate appellate judges.
[L 1979, c 111, pt of §3; am L 1983, c 244, §1; am L 2006, c 4, §1; am L 2021, c 10, §1]
Whenever, by the provisions of any law of the State, any act is required to be prepared by the chief judge of the intermediate appellate court, the act may be performed, in case of a vacancy, or illness, absence or disability, by an associate judge designated in accordance with the rules of the supreme court.
[L 1979, c 111, pt of §3]
Notwithstanding any other law to the contrary, the intermediate appellate court shall have jurisdiction, subject to transfer as provided in section 602-58 or review on application for a writ of certiorari as provided in section 602-59:
(1) To hear and determine appeals from any court or agency when appeals are allowed by law;
(2) To entertain, in its discretion, any case submitted without suit when there is a question of law that could be the subject of a civil action or proceeding in the circuit court, or tax appeal court, and the parties agree upon the facts upon which the controversy depends; and
(3) To make or issue any order or writ necessary or appropriate in the aid of its jurisdiction, and in such case, any judge may issue a writ or an order to show cause returnable before the court.
[L 1979, c 111, pt of §3; am L 2004, c 202, §57; am L 2006, c 94, §1 and c 145, §1; am L 2010, c 109, §1]
(a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:
(1) A question of imperative or fundamental public importance;
(2) An appeal from a decision of any court or agency when appeals are allowed by law:
(A) Invalidating an amendment to the state constitution; or
(B) Determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or
(3) A sentence of life imprisonment without the possibility of parole.
(b) The supreme court, in a manner and within the time provided by the rules of court, may grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:
(1) A question of first impression or a novel legal question; or
(2) Issues upon which there is an inconsistency in the decisions of the intermediate appellate court or of the supreme court.
(c) The grant or denial of an application for transfer under subsection (b) shall be discretionary and shall not be subject to further review. Denial of an application for transfer under subsection (b) shall not prejudice a later application for a writ of certiorari.
[L 1979, c 111, pt of §3; am L 2004, c 202, §58; am L 2006, c 93, §1 and c 94, §1; am L 2010, c 109, §1]
(a) After issuance of the intermediate appellate court's judgment or dismissal order, a party may seek review of the intermediate appellate court's decision and judgment or dismissal order only by application to the supreme court for a writ of certiorari, the acceptance or rejection of which shall be discretionary upon the supreme court.
(b) The application for writ of certiorari shall tersely state its grounds, which shall include:
(1) Grave errors of law or of fact; or
(2) Obvious inconsistencies in the decision of the intermediate appellate court with that of the supreme court, federal decisions, or its own decision,
and the magnitude of those errors or inconsistencies dictating the need for further appeal.
(c) An application for a writ of certiorari may be filed with the supreme court no later than thirty days after the filing of the judgment or dismissal order of the intermediate appellate court. Upon a written request filed prior to the expiration of the thirty-day period, a party may extend the time for filing an application for a writ of certiorari for no more than an additional thirty days. A response to an application for a writ of certiorari may be filed no later than fifteen days after the application is filed. Upon a timely written request by a party, the clerk of the court shall grant one extension of time for no more than fifteen days for filing a response to an application for a writ of certiorari. The clerk of the court shall note on the record that the extension was granted. The clerk of the court shall give notice that the request is timely and granted. A request is timely only if it is received by the clerk of the court within the original time for filing of the response. The supreme court shall determine to accept the application within thirty days after a response is or could have been filed. The failure of the supreme court to accept within thirty days shall constitute a rejection of the application.
(d) Upon the acceptance of the application, the clerk shall forward the complete file of the case to the supreme court. Supplemental briefs shall be accepted from the parties only upon the request of the supreme court.
[L 1979, c 111, pt of §3; am L 1997, c 24, §1; am L 2004, c 202, §59; am L 2006, c 94, §1 and c 149, §1; am L 2010, c 109, §1; am L 2011, c 77, §1; am L 2017, c 112, §1]
The intermediate appellate court shall have the power to subpoena and compel the attendance of witnesses from any part of the State and to compel the production of books, papers, documents, or tangible things. Any judge of the intermediate appellate court may administer oaths.
[L 2008, c 148, §1; am L 2010, c 93, §1]
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