Rule 11 - Transmission of the Record(a)Duty of appellant. After the filing of the notice of appeal, the appellant, or in the event more than one appeal is taken, each appellant, shall comply with the applicable provisions of Rule 10 of these Rules and shall take any other action necessary to enable the clerk of the court or agency appealed from to assemble and transmit the record. It is the responsibility of each appellant to provide a record, as defined in Rule 10 of these Rules and the Hawai'i Court Records Rules, that is sufficient to review the points asserted and to pursue appropriate proceedings in the court or agency appealed from to correct any omission.(b) Duty of the Clerk of the Court or Agency. (1) Unless otherwise provided, the clerk of the court or agency appealed from shall, within 60 days after the filing of the notice of appeal, assemble, certify, and electronically file an imaged index to the record on appeal and imaged copies of each document filed in the record. The record on appeal shall include a flyleaf with a 3-inch top margin that notes, beginning at the top, the appellate court case number, the title of the appellate court and the cause in full, the case number in the trial court, ADLRO, or agency proceedings, the judgment or order on appeal, the names of all judges or hearing officers who have participated in the case or matter, the names of all parties to the case or matter since the case or matter was initiated, and any name or names, telephone numbers, physical and electronic mail addresses of unrepresented parties and the attorney or attorneys representing each party. The documents in the record on appeal shall be assembled sequentially by filing date. When all documents in the record on appeal, other than exhibits, are available in JIMS, the clerk of the court or agency appealed from need not transmit the physical or imaged documents, but shall file a notification with the appellate clerk that the documents are available in JIMS. If a complete record cannot be transmitted within such a period, the appellate court, for good cause, may extend the time upon stipulation or motion, provided that an imaged copy of any findings of fact and conclusions of law entered after the record on appeal has been transmitted to the appellate clerk shall be electronically filed by the clerk of the court or agency appealed from without further order of the appellate court.(2) If the notice of appeal is filed without payment of the required fees and the appellant has not obtained an order allowing the appellant to proceed in forma pauperis, the clerk of the court or agency appealed from shall not be required to prepare the record on appeal until the required fees are received or an order allowing the party to proceed in forma pauperis is obtained.(3) An imaged record shall provide a bookmark for access to each document or transcript. If any documents, exhibits, and transcripts filed in the court or agency appealed from are not mentioned in the numbered index, the clerk of the court or agency appealed from shall provide an additional bookmarked index identifying each of them with reasonable definiteness. Physical exhibits other than documents, and such other parts of the record shall not be transmitted by the clerk of the court or agency appealed from unless he or she is directed to do so by appellate court order.(4) If a document sealed or designated in camera by law or otherwise accorded confidential treatment by law or order of the court or agency appealed from is part of the record on appeal, the sealed or in camera document must remain sealed or in camera unless the appellate court orders otherwise. An appellate court may unseal a document on application of any party, person or entity, or on its own motion with notice to the parties. Sealed or in camera documents filed in an appellate court must be filed separate from the rest of the record on appeal and appropriately designated as sealed or in camera. A record filed publicly in the court or agency appealed from and not ordered sealed by that court or agency must not be filed under seal or in camera in the appellate court.(c) Duty of the Appellate Clerk. (1) Upon filing of the flyleaf and index to the record on appeal, the appellate clerk shall serve notice upon all parties to the appeal of such filing. If a flyleaf or index is claimed to be in error, the party claiming error shall pursue appropriate proceedings in the court or agency appealed from to correct it.(2) When the flyleaf and index to the record on appeal is not filed within the time required, the appellate clerk shall give notice to the appellant that the matter will be called to the attention of the appellate court on a day certain for such action as the appellate court deems proper, including dismissal of the appeal.(d) Record for motions for intermediate orders in the appellate courts. If any party desires to make a motion for any intermediate order in the appellate courts, before the record is transmitted, the clerk of the court or agency appealed from shall electronically transmit to the appellate clerk images of such parts of the original record as any party shall request and designate in writing. This Rule applies to all motions for intermediate orders including motions for dismissal, for release, for a stay pending appeal, for injunctive relief, or for additional security on the bond on appeal or a supersedeas bond.
Amended December 18, 1985, effective 12/18/1985; further amended January 22, 1987, effective 2/1/1987; further amended January 26, 1987, effective 1/26/1987; further amended June 7, 1994, effective 6/7/1994; further amended December 6, 1999, effective 1/1/2000; further amended May 7, 2001, effective 7/1/2001; further amended October 6, 2003, effective 1/1/2004; further amended June 20, 2006, effective 7/1/2006; further amended August 30, 2010, effective 9/27/2010; further amended February 17, 2016, effective 7/1/2016.