(a)(a) Briefing schedules and scheduling of argument dates. The court shall issue a briefing schedule which will inform parties that oral argument will be scheduled upon request.
(b)(b) Opening brief, answering brief and reply brief. All briefs submitted for appellate review to the family court shall conform with Hawaiʻi Rules of Appellate Procedure Rule 28.
(3)(3) letter request by a party, the clerk of court shall grant one extension of time for no more than 30 days for the filing of an opening or answering brief and no more than 10 days for the filing of a reply brief. The clerk shall note on the record that the extension was granted and the date the brief is due. The requesting party shall notify all other parties that the extension was granted and shall file a copy of the notice in the record. A request is timely only if it is received by the clerk within the original time for filing of the brief. The submission of a request or motion for extension does not toll the time for filing a brief.
(d)(d) Briefs not timely filed or not in conformity with rule. When the brief for appellant is not filed within the time required, the clerk shall forthwith give notice to the parties that the matter will be called to the attention of the court on a day certain for such action as the court deems proper and that the appeal may be dismissed. When the brief of an appellant is otherwise not in conformity with these Rules, the appeal may be dismissed or the brief stricken and monetary or other sanctions may be levied by the court with prior notice to the parties. When the brief of an appellee is not filed within the time required, or is not in conformity with these Rules, the brief may be stricken and monetary or other sanctions may be levied by the court with prior notice to the parties. In addition, the court may accept as true the statement of facts in the appellant’s opening brief. Any party who may be adversely affected by application of this Rule may submit a memorandum, affidavits or declarations, or declarations setting forth the reasons for non-conformance with these Rules. Rules 73. to 76. RESERVED.
End
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
The court issues a briefing schedule, which tells the parties that oral argument will be scheduled on request. Argument is not automatic and it is not foreclosed; it is available to a party who asks.
Form is borrowed rather than reinvented. All briefs submitted for appellate review to the family court must conform with Rule 28 of the Hawaii Rules of Appellate Procedure.
Extensions are generous once and administrative. On a timely oral request, written motion, or even a letter request, the clerk shall grant one extension of no more than 30 days for an opening or answering brief and no more than 10 days for a reply. The clerk notes the grant and the due date on the record, and the requesting party tells the other parties.
Missing the deadline has teeth. Where the appellant brief is not filed in time, the clerk gives notice that the matter will be called to the court attention on a day certain for such action as the court deems proper, and that the appeal may be dismissed. A brief that is not in conformity with the rule draws the same attention.
Frequently Asked Questions
What form must a brief take in a Hawaii family court appeal?
It must conform with Rule 28 of the Hawaii Rules of Appellate Procedure.
Can I get an extension to file my brief?
Yes. The clerk shall grant one extension of up to 30 days for an opening or answering brief and up to 10 days for a reply, on a timely oral request, written motion or letter request.
Is oral argument automatic?
No. The briefing schedule informs the parties that oral argument will be scheduled upon request.
What happens if I file my brief late?
The clerk gives notice that the matter will be called to the court attention on a day certain for such action as the court deems proper, and that the appeal may be dismissed.
Who tells the other parties about an extension?
The requesting party must notify all other parties that the extension was granted.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 72.1). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
Also known as:briefs hawaii family court appealextension to file brief hawaiioral argument hawaii family courthawaii family court rule 72.1