Haw. Rev. Stat. § 641-15 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-15
Service.
Status: in_force

Service of a copy of the notice of appeal shall be made upon the adverse party or the adverse party's attorney of record as provided by the rules of court.
Haw. Rev. Stat. § 641-3 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-3
Stay of proceedings to enforce a judgment.
Status: in_force

(a) This section applies to civil cases in which the rules of court as to stay of proceedings to enforce a judgment do not apply, unless otherwise provided by statute.

(b) No execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of ten days after its entry. The court, upon good cause shown, may allow execution to issue or other appropriate action to be taken for the enforcement of the judgment within the ten-day period unless, within such time as shall be allowed by the court, a stay is obtained under subsection (c) or (d).

(c) In its discretion and on such conditions as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial or other motion, or when justice so requires in other cases until such time as the court may fix.

(d) When an appeal is taken the appellant by giving a supersedeas bond may obtain a stay. The bond may be given at or after the time of filing the notice of appeal or of procuring the order allowing the appeal, as the case may be. The stay is effective when the supersedeas bond is approved by the court.

(e) Notwithstanding the foregoing, there shall be no stay of an appealable order for counsel fee, suit money, temporary alimony, or other provisional order of a like nature made before final judgment in the cause, if the appellee shall give a bond in such amount and with such sureties as the court requires, conditioned for indemnification of the appellant for all damages that the appellant may sustain by reason of the payment or performance of the order, in case the appeal shall be sustained.

(f) Within the meaning of this section "judgment" includes a decree and any order from which an appeal lies. [L 1892, c 57, §71; am L 1903, c 32, §17; RL 1925, §2512; RL 1935, §3504; RL 1945, §9506; RL 1955, §208-6; HRS §641-5; am L 1970, c 188, §39; am L 1972, c 89, pt of §5; ren HRS §641-3; gen ch 1985]
Haw. Rev. Stat. § 641-14 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-14
Stay in criminal cases.
Status: in_force

(a) The filing of a notice of appeal or the giving of oral notice in open court at the time of sentence by the defendant or the defendant's counsel of intention to take an appeal may operate as a stay of execution and may suspend the operation of any sentence or order of probation, in the discretion of the trial court. If the court determines that a stay of execution is proper, the court shall state the conditions under which the stay of execution is granted. No stay granted on the giving of oral notice shall be operative beyond the time within which an appeal may be taken; provided that if an appeal is properly filed, the stay shall continue in effect as if the stay was based on a filing of the appeal.

The court may revoke the stay of execution or amend the conditions thereof for a violation of the conditions of the stay of execution.

(b) Admission to bail after the giving of oral notice in open court of intention to take an appeal or upon an appeal shall be as provided in the rules of court. [L 1892, c 95, §7; RL 1925, §2528; am L 1925, c 211, §3; RL 1935, §3555; RL 1945, §9556; RL 1955, §212-6; HRS §641-16; am L 1972, c 89, pt of §5; ren HRS §641-14; am L 1978, c 225, §1; gen ch 1985]
Haw. Rev. Stat. § 641-2 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-2
Review on and disposition of appeal.
Status: in_force

[(a)] In case of appeal from a judgment, order, or decree of a circuit or district court or the land court, in a civil matter, the appellate court shall have power to review, reverse, affirm, amend, or modify such judgment, order, or decree, in whole or in part, as to any or all of the parties. It may enter an amended or modified judgment, order, or decree, or may remand the case to the trial court for the entry of the same or for other or further proceedings, as in its opinion the facts and law warrant. Any judgment, order, or decree entered by the appellate court may be enforced by it or remitted for enforcement by the trial court.

[(b)] Every appeal shall be taken on the record, and no new evidence shall be introduced in the supreme court. The appellate court may correct any error appearing on the record, but need not consider a point that was not presented in the trial court in an appropriate manner. No judgment, order, or decree shall be reversed, amended, or modified for any error or defect, unless the court is of the opinion that it has injuriously affected the substantial rights of the appellant. [L 1892, c 57, §70; RL 1925, §2511; RL 1935, §3503; RL 1945, §9505; RL 1955, §208-5; HRS §641-4; am L 1970, c 188, §39; am L 1972, c 89, pt of §5; ren HRS §641-2; am L 2004, c 202, §67; am L 2006, c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 641-13 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-13
By State in criminal cases.
Status: in_force

An appeal may be taken by and on behalf of the State from the district or circuit courts to the intermediate appellate court, subject to chapter 602, in all criminal matters, in the following instances:

(1) From an order or judgment quashing, setting aside, or sustaining a motion to dismiss any indictment, information, or complaint or any count thereof;

(2) From an order or judgment sustaining a special plea in bar or dismissing the case where the defendant has not been put in jeopardy;

(3) From an order granting a new trial;

(4) From an order arresting judgment;

(5) From a ruling on a question of law adverse to the State, where the defendant was convicted and appeals from the judgment;

(6) From the sentence, on the ground that it is illegal;

(7) From a pretrial order granting a motion for the suppression of evidence, including a confession or admission, or the return of property, in which case the appellate court shall give priority to the appeal and the order shall be stayed pending the outcome of the appeal;

(8) From an order denying a request by the State for protective order for nondisclosure of witness for reason of personal safety under rule 16(e)(4) of the Hawaii rules of penal procedure, in which case the appellate court shall give priority to the appeal and the order shall be stayed pending outcome of the appeal;

(9) From a judgment of acquittal following a jury verdict of guilty; and

(10) From a denial of an application for an order of approval or authorization of the interception of a wire, oral, or electronic communication pursuant to section 803‑44. [L 1911, c 40, §1; RL 1925, §2522; am L 1931, c 37, §2; RL 1935, §3551; RL 1945, §9552; RL 1955, §212-2; HRS §641-12; am L 1972, c 148, §1; ren HRS §641-13; am L 1977, c 146, §1; am L 1979, c 111, §6(4); am L 1982, c 81, §1; am L 1987, c 84, §1; am L 2004, c 62, §2 and c 202, §70; am L 2006, c 94, §1 and c 200, §3; am L 2010, c 109, §1]
Haw. Rev. Stat. § 641-16 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-16
Judgment; no reversal when.
Status: in_force

[(a)] The supreme court, or the intermediate appellate court, as the case may be, may affirm, reverse, or modify the order, judgment, or sentence of the trial court in a criminal matter. It may enter such order, judgment, or sentence, or may remand the case to the trial court for the entry of the same or for such other or further proceedings, as in its opinion the facts and law warrant. It may correct any error appearing on the record.

[(b)] In case of a conviction and sentence in a criminal case, if in its opinion the sentence is illegal or excessive it may correct the sentence to correspond with the verdict or finding or reduce the same, as the case may be. In case of a sentence to imprisonment for life not subject to parole, the court shall review the evidence to determine if the interests of justice require a new trial, whether the insufficiency of the evidence is alleged as error or not. Any order, judgment, or sentence entered by the court may be enforced by it or remitted for enforcement by the trial court.

[(c)] No order, judgment, or sentence shall be reversed or modified unless the court is of the opinion that error was committed which injuriously affected the substantial rights of the appellant. Nor shall there be a reversal in any criminal case for any defect of form merely in any indictment or information or for any matter held for the benefit of the appellant or for any finding depending on the credibility of witnesses or the weight of the evidence. Except as otherwise provided by the rules of court, there shall be no reversal for any alleged error in the admission or rejection of evidence or the giving of or refusing to give an instruction to the jury unless such alleged error was made the subject of an objection noted at the time it was committed or brought to the attention of the court in another appropriate manner. [L 1892, c 95, §14; RL 1925, §2536; am L 1931, c 42, §2; RL 1935, §3563; RL 1945, §9564; RL 1955, §212-14; am L 1957, c 282, §2; HRS §641-24; am L 1972, c 89, pt of §5; ren HRS §641-16; am L 1979, c 111, §6(5)]
Haw. Rev. Stat. § 641-17 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-17
Interlocutory appeals from circuit courts, criminal matters.
Status: in_force

Upon application made within the time provided by the rules of court, an appeal in a criminal matter may be allowed to a defendant from the circuit court to the intermediate appellate court, subject to chapter 602, from a decision denying a motion to dismiss or from other interlocutory orders, decisions, or judgments, whenever the judge in the judge's discretion may think the same advisable for a more speedy termination of the case. The refusal of the judge to allow an interlocutory appeal to the appellate court shall not be reviewable by any other court.
Haw. Rev. Stat. § 641-32 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-32
Liability on bond, how enforced.
Status: in_force

[(a)] By entering into a bond for costs or to stay the execution of any proceedings to enforce a judgment, the surety submits oneself to the jurisdiction of the court, irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served, and agrees that the surety's liability may be enforced on motion without the necessity of an independent action.

[(b)] The papers served on the clerk as statutory agent for the surety shall be mailed by the clerk to the surety if the surety's address is known. [L 1895, c 25, §4; RL 1925, §2540; RL 1935, §3508; RL 1945, §9510; RL 1955, §208-10; HRS §641-45; am L 1972, c 89, pt of §5; ren HRS §641-32; gen ch 1993]
Haw. Rev. Stat. § 641-12 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-12
From district courts.
Status: in_force

[(a)] Appeals upon the record shall be allowed from all final decisions and final judgments of district courts in all criminal matters. Such appeals may be made to the intermediate appellate court, subject to chapter 602, whenever the party appealing shall file notice of the party's appeal within thirty days, or such other time as may be provided by the rules of the court.

[(b)] Within a reasonable time after an appeal has been perfected from a decision of a district court to the appellate court in a criminal matter, it shall be incumbent upon the district court to make a return thereof, together with all papers and exhibits filed in such case.

[(c)] It shall be the duty of the clerk of the supreme court to transmit within a reasonable time, to the district court from whose decision the appeal was made, a statement showing the disposition of the case. [L 1972, c 89, pt of §5; HRS §641-11.5; ren HRS §641-12; am L 1979, c 111, §6(3); gen ch 1985; am L 2004, c 202, §69; am L 2006, c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 641-18 — HI Code / Division 4 / Title 35 / Chapter 641 / Section 641-18
Time for appeal in case of suspended sentence.
Status: in_force

Whenever in any criminal cause an order suspending the imposition or execution of the sentence is entered by a district or circuit court, the order shall for the purposes of appeal be deemed a final judgment and the time within which to perfect any appeal in any such cause shall commence to run from the entry thereof.