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***FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER*** <br /> forth in HRAP Rule 39 should apply. That rule specifically <br /> requires that requests for fees and costs on appeal should be <br /> applied for in this court . Moreover, HRS § 101-11 (1993) <br /> provides that " [e] xcept as otherwise expressly provided in this <br /> part, the procedure shall be the same as in other civil actions . " <br /> (Emphases added. ) Therefore, HRS chapter 101 manifests an intent <br /> that where that chapter is silent, normal procedures should be <br /> followed. An in pari materia reading of HRS § 101-27 and HRAP <br /> Rule 39 then, dictates that HRAP Rule 39 provides the procedure <br /> to be followed in this court in applying for fees and costs on <br /> appeal, because HRS § 101-27 is silent on that issue . This court <br /> under HRAP Rule 39 generally exercises jurisdiction over all <br /> requests for fees and costs incurred on certiorari, and HRS <br /> § 101-27 does not countenance a departure from that procedure . <br /> Furthermore, the requirement in HRS § 101-27 that <br /> " [i] ssues of fact . . . shall be tried by the court" with or <br /> without a jury based on the demands of the parties, is most <br /> logically construed as a reference to the procedure to be <br /> followed when a defendant moves for damages in the circuit court, <br /> which, according to Appellant, it has every intention of doing <br /> with regard to the damages incurred by virtue of the proceedings <br /> in that court . As for Appellant' s request for damages incurred <br /> as a result of the appeal, the procedures for requesting <br /> attorneys' fees and costs on appeal are outlined in HRAP Rule 39, <br /> and are normally followed by this court in civil actions such as <br /> 10 <br />