Hawaii Revised Statutes 602-58 Application for Transfer to the Supreme Court.

Note

As enacted the sections in this part were designated §§602-12 to 602-20.

Rules of Court

See generally Rules of the Intermediate Court of Appeals; Hawaii Rules of Appellate Procedure.

See generally Hawaii Court Records Rules; Hawaii Electronic Filing and Service Rules.

Law Journals and Reviews

Administering Justice or Just Administration: The Hawai`i Supreme Court and the Intermediate Court of Appeals. 14 UH L. Rev. 271 (1992).

Judicial Review and Sexual Freedom. 30 UH L. Rev. 1 (2007).

§602-58 Application for transfer to the supreme court. (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]

Law Journals and Reviews

The Development of Hawai‘i's Appellate Courts: An Organizational Perspective. 33 UH L. Rev. 875 (2011).

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Last modified: October 27, 2016