(a) How taken. Where a right of redetermination or review in a circuit court is allowed by statute, any person adversely affected by the decision, order or action of a governmental official or body other than a court, may appeal from such decision, order or action by filing a notice of appeal in the circuit court having jurisdiction of the matter. As used in this Rule, the term "appellant" means any person or persons filing a notice of appeal, and “appellee” means every governmental body or official (other than a court) whose decision, order or action is appealed from, and every other party to the proceedings.
Rule 72.Appeal to a Circuit Court.
Last amended October 28, 2019 · Last verified July 3, 2026
In one sentenceRule 72 sets the procedure for appealing a governmental official's or agency's decision to circuit court, covering notice, the record, briefing, and judgment.
Full Text of Rule 72
(b) Time. The notice of appeal shall be filed in the circuit court within 30 days after the person desiring to appeal is notified of the rendering or entry of the decision or order, or of the action taken, in the manner provided by statute. However, if the notice of appeal is mailed, the notice of appeal shall be deemed timely filed if the mailing is postmarked within the time fixed for filing and is received by the clerk no later than 5 days after the postmarked date. For the purposes of calculating other deadlines in these Rules, the date of filing under this Rule shall be the date the document is received by the Clerk.
(c) Service. Promptly after filing the notice of appeal, the appellant shall serve a certified copy thereof upon each appellee.
(d) Record on appeal.
(1) DESIGNATION. The appellant shall, within the time provided for filing the notice of appeal (or within such further time, not to exceed 30 days, as may be allowed by the court for good cause shown), file with the clerk of the circuit court a Designation of Record on Appeal (the “designation”) which shall specify the papers, transcripts, minutes and exhibits (“the designated materials”) that the appellant desires to be filed in the circuit court in connection with the appeal. The appellant shall fill out an “Order for Certification and Transmission of the Record” form, provided by the circuit court, which shall command the governmental official or body whose decision, order or action is appealed from (the “agency”), to certify and transmit the designated materials to the circuit court within 20 days of the date of the “Order for Certification and Transmission of the Record” or within such further time as may be allowed by the circuit court. If the appellant is a JEFS User, the appellant shall cause the “Order for Certification and Transmission of the Record” to be electronically issued and certified via JEFS. If the appellant is not a JEFS User, the clerk, in the name and under the seal of the circuit court, shall date and sign the “Order for Certification and Transmission of the Record” and shall issue certified copies of the designation and order. The appellant shall serve certified copies of the designation and “Order for Certification and Transmission of the Record” upon the agency and upon all parties and shall file with the clerk of the circuit court a certificate of service reflecting such service. The circuit court may compel obedience to the order by any appropriate process.
(2) COUNTER DESIGNATION. Any appellee may, within 10 days after service of the designation and statement of the case, file with the clerk of the circuit court a Counter-Designation of Record on Appeal (the “counter-designaton”), which shall specify additional papers, transcripts, minutes and exhibits (the “counter-designation materials”) that the appellee desires to be filed in the circuit court in connection with the appeal. The appellee shall fill out an “Order for Certification and Transmission of the Record” form provided by the circuit court, which shall command the agency to certify and transmit the counter-designated materials to the circuit court within 20 days of the date of the “Order for Certification and Transmission of the Record” or within such further time as may be allowed by the circuit court. If the appellee is a JEFS User, the appellee shall cause the “Order for Certification and Transmission of the Record” to be electronically issued and certified via JEFS. If the appellee is not a JEFS User, the clerk, in the name and under the seal of the circuit court, shall date and sign the “Order for Certification and Transmission of the Record” and shall issue certified copies of the counter-designation and order. The circuit court may compel obedience to the order by any appropriate process. When the agency is the counter-designating appellee, it shall be sufficient that the appellee agency file the counter- designated materials and identify the same in an accompanying certificate. A copy of such certificate and of any counter-designation shall be served forthwith upon the appellant. The appellee shall serve certified copies of the counter-designation and “Order for Certification and Transmission of the Record” upon the agency and upon all other parties and shall file with the clerk of the circuit court a certificate of service reflecting such service.
(e) Statement of case. The appellant shall file in the circuit court concurrently with the filing of appellant's designation, a short and plain statement of the case and a prayer for relief. Certified copies of such statement shall be served forthwith upon every appellee. The statement shall be treated, as near as may be, as an original complaint and the provision of these Rules respecting motions and answers in response thereto shall apply.
(f) Briefs; oral argument.
(1) BRIEFS; DEADLINES. The opening brief shall be filed within 40 days after the filing of the record on appeal. The answering brief shall be filed within 40 days after service of the appellant’s opening brief. Within 14 days after service of the appellee’s answering brief, the appellant may file a reply brief. Reply briefs shall be confined to matters presented in the answering brief. If no reply brief is to be filed, the appellant shall notify the clerk and the appellee in writing of the decision not to file a reply brief, prior to the expiration of the time for filing the reply brief.
(2) Requirements. The opening, answering, and reply briefs shall be subject to the page limitations set forth in Rule 28(a) of the Hawai‘i Rules of Appellate Procedure and shall include, at a minimum: (A)a statement of the questions presented for decision; (B) a brief statement of the facts (that need not duplicate the statement of the case separately required under Rule 72(e) of this Rule); (C) a concise argument; and (D)a conclusion specifying the relief sought.
(3) ORAL ARGUMENT. On the filing of the answering brief, the court shall schedule the matter for oral argument, with argument to take place after the deadline for the reply brief.
(h) Costs. No appeal shall be heard, and the appeal shall be dismissed, unless the appellant shall pay all costs, if any, and furnish every bond or other security, if any, required by law.
(i) Stay. The filing of a notice of appeal shall not operate as a stay of the decision, order or action appealed from, unless otherwise provided by statute or unless ordered, for good cause shown, by the circuit court.
(j) Reserved.
(k) Judgment. Upon determination of the appeal, the court having jurisdiction shall enter judgment. Such judgment shall be reviewable, or final, as may be provided by law. Promptly after final determination of the appeal in the circuit court or in the appellate court, the clerk of the court finally determining the case shall notify the governmental official or body concerned, of the disposition of the appeal.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended and effective May 8, 1996
further amended May 30, 2006, effective July 1, 2006
further amended August 26, 2011, effective January 1, 2012
further amended July 3, 2019, effective January 1, 2020
further amended October 31, 2019, effective nunc pro tunc October 28, 2019
Plain-English Summary
Where a statute allows redetermination or review in circuit court, anyone adversely affected by a government official's or body's decision can appeal by filing a notice of appeal within 30 days of being notified of the decision (a mailed notice counts as timely if postmarked in time and received within 5 days after). The appellant must promptly serve a certified copy on each appellee, then file a Designation of Record identifying the materials to be transmitted, along with an order commanding the agency to certify and transmit them within 20 days; an appellee gets 10 days to file a counter-designation seeking additional materials through the same process. The appellant must also file a short statement of the case and a prayer for relief, treated much like an original complaint for purposes of motions and answers.
Briefing follows a fixed schedule: an opening brief within 40 days of the record being filed, an answering brief within 40 days after that, and an optional reply brief within 14 days after the answering brief, confined to matters the answering brief raised; the court schedules oral argument once the answering brief comes in. A jury trial is available only if properly demanded under Rule 38, and the appeal is dismissed if the appellant doesn't pay required costs and post any required bond or security. Filing the notice of appeal doesn't automatically stay the decision being appealed unless a statute or the court, for good cause, says otherwise, and once the appeal is decided, the court enters judgment and the clerk notifies the government body of the outcome.
Frequently Asked Questions
How long does a party have to appeal a government agency's decision to circuit court?
30 days after being notified of the decision, order, or action, with a mailed notice of appeal counting as timely if postmarked within that period and received within 5 days after.
Does filing an appeal automatically pause the agency's decision?
No. Rule 72(i) says filing the notice of appeal doesn't stay the decision being appealed unless a statute provides for it or the circuit court orders a stay for good cause.
Can a party get a jury trial on an appeal to circuit court?
Only if a jury trial is available by law and properly demanded under Rule 38; otherwise the appeal is tried without a jury.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 72). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: appeal to circuit courtadministrative appealrecord on appealdesignation of record