(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.
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Terms Used In Hawaii Revised Statutes 602-59

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(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.

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