Trial

• The “Lower Court.”

• Most clients work with trial counsel at the Trial or “Lower Court” Level.

• I can draft motions for summary judgment, general motions, Rule 60(b) motions for relief, motions to reconsider, etc.

The Intermediate Court of Appeals

• Typically only “final judgements” are automatically appealable to the Intermediate Court of Appeals (the “ICA”).

• “Interlocutory” orders (before the final judgment) can be appealed, but they require lower court approval.

• The Notice of Appeal begins your Appellate Case; said Notice must be filed within 30-days of the order/judgment you are appealing.

• As your Appellate Attorney, my main duties include:

  • Requesting and Reviewing Transcripts and Records,

  • Drafting a Statement of Jurisdiction (affirming Appellate Jurisdiction),

  • Drafting a 35-page Opening Brief (or an Answering Brief if we are defending against an appeal),

  • Drafting a 10-page Reply Brief (replying to any Answering Brief from opposing counsel), and

  • Advising clients about their options once a decision is received.

The Hawaii Supreme Court

• The Court is made up of a panel of five “Justices.”

• Cases typically end up before the Supreme Court via Transfer or Discretionary Appeal

  • Transfer: clients can ask the the Supreme Court for a direct transfer of their case from the Trial Court straight to the Supreme Court, bypassing the ICA (often saves time and money), OR

  • Discretionary: after an unsuccessful ICA appeal, clients can “Apply” to the Supreme Court for further review, but acceptance is up to the “discretion” of the Supreme Court, the Court only typically accepting cases that present broadly applicable or novel legal/factual questions to the Court.

• My duties at this stage usually include filing said 12-page Application, a 12-page Answer if defending against an Application, and/or a 5-page Reply to an Answer.