Legal Memorandum: Limitation Period for Appeals in HI

Issue: Under Hawaiian law, when is an appeal timely filed and when may the time for filing be tolled?

Area of Law: Litigation & Procedure
Keywords: Limitation period; Appeal; Post-judgment motions
Jurisdiction: Hawaii
Cited Cases: 92 Haw. 228; 43 Haw. 148; 791 P.2d 1267; 377 P.2d 696; 30 P.3d 257; 43 Haw. 76; 3 Haw. App. 350; 44 Haw. 655; 44 Haw. 119; 990 P.2d 126; 361 P.2d 383; 44 Haw. 684; 352 P.2d 854; 46 Haw. 221; 96 Haw. 243; 8 Haw. App. 16; 650 P.2d 612
Cited Statutes: Haw. R. App. P. 4(a)(1), Rule 4(a)(3), Rule 28(c), Rule 27; Haw. R. Civ. P. 59(e), Rule 59(b)
Date: 02/01/2002

Rule 4(a)(1) of the Hawaii Rules of Appellate Procedure provides that “the notice of appeal shall be filed within 30 days after entry of the judgment or appealable order.”  Haw. R. App. P. 4(a)(1). TA l "Haw. R. App. P. 4(a)(1)" s "Haw. R. App. P. 4(a)(1)." c 2   The Rule goes on, however, to indicate that the period during which to appeal is affected by certain post-judgment motions.

If, not later than 10 days after entry of judgment, any party files a motion that seeks to reconsider, vacate, or alter the judgment, or seeks attorney’s fees or costs, the time for filing the notice of appeal is extended until 30 days after entry of an order disposing of the motion.

Id.  The proper procedure is to appeal the lower court’s judgment, not the denial of the post-judgment motion for reconsideration.  Miller v. Loo, 43 Haw. 76, 77 (1958). TA l "Miller v. Loo, 43 Haw. 76 (1958)" s "Miller v. Loo, 43 Haw. 76, 77 (1958)." c 1   Even if the appellant errs by appealing the denial of the motion for reconsideration rather than the judgment, the appellate court is directed to treat the appeal as an appeal from the judgment, in liberal construction of the rules of civil procedure.  Id. at TA s "Miller v. Loo, 43 Haw. 76, 77 (1958)." […]

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