Laserfiche WebLink
0 0 <br /> 1. Applicable Statutes and Rules <br /> Section 91-14(b), HRS, provides that proceedings for judicial review of a final decision <br /> in a contested case must be instituted'fn the circuit court within thirty days after the preliminary <br /> ruling or within thirty days after service of the certified copy of the final decision and order of <br /> the agency pursuant to rule of court. . . :' <br /> Rule 5(b)(3), Hawaii Rules of Civil Procedure ('FRCP),states that"[s]ervice by mail is <br /> complete upon mailing" When service of the certified copy of the final decision and order of <br /> the agency is mailed to the parties, two additional days are added to the prescribed period (i.e., <br /> thirty-two days) within which to file an appeal in circuit court,pursuant to Rule 6(e), HRCP. <br /> Rule 2.1 of the Rules of the Circuit Courts of the State of Hawaii provides in pertinent <br /> part that: <br /> The respective clerks of the circuit courts shall be ex officio clerks of all the <br /> courts of record and as such may accept for filing complaints, notices of appeal <br /> and appellate briefs . . . in all such courts. <br /> Rule 5(e), HRCP, defines"filing with the court'as follows: <br /> (e)Filing with the court defined. The filing of pleadings and other papers with <br /> the court as required by these rules shall be made by filing them with the clerk of <br /> the court, except that the judge may permit the papers to be filed with him or her, <br /> in which event the judge shall note thereon the filing date and forthwith transmit <br /> them to the office of the clerk. Any other rule to the contrary notwithstanding, the <br /> clerk shall not refuse to accept for filing any paper presented for that purpose <br /> solely because it is not presented in proper form as required by these rules. <br /> 2. Notice of Appeal Was Filed Upon Receipt By the Clerk of Court <br /> Even If Not File-Stamped Until Two Days Later. <br /> While HRCP Rule 5(e) does not expressly define what constitutes actual filing of a <br /> notice on appeal and there is no Hawaii case directly on point, the general rule stated by the <br /> U. S. Supreme Court for civil appeals is that'Yeceipt of a notice of appeal by the clerk of the <br /> [ ] court suffices to meet the'filing requirement under [the rules] even though the notice has <br /> 14 <br />