What is the process for obtaining an appellate court review of a trial court’s decision?

In Hawaii, when a party disagrees with a trial court’s decision, they may file an appeal with the Hawaii Intermediate Court of Appeals. The party appealing the decision is called the appellant, while the party opposing the appeal is known as the respondent. To start the appeal process, the appellant must file a Notice of Appeal in the trial court office. This notice must be given to the trial court clerk and must include a statement of the grounds for the appeal. The appellant must also pay a filing fee to the court. The appellant will then have to prepare a document called the opening brief which outlines all the legal arguments for why the court should overturn the trial court’s decision. This brief must be filed with the appellate court. The respondent also has the option of filing a brief, known as an answering brief, to the court. The court may then elect to hear oral arguments from both sides on the case, although this is not always necessary. After the court has heard all of the evidence, they will make a decision on whether or not to overturn the trial court’s decision. This decision is final and binding.

Related FAQs

What is the standard of proof necessary to win an appeal?
What is the procedure for requesting an en banc hearing?
Are parties able to challenge an appellate court’s decision through a petition for writ of certiorari?
What is the difference between an appeal and a writ of certiorari?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
What kind of relief can be sought from an appellate court?
What is the difference between an oral argument and a brief on appeal?
What is the difference between a civil and criminal appeal?
What is the process for filing an appellate brief?
How do I request a change of venue in an appeal?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023