Rule 3.1 - Civil Appeal Docketing Statement(a) Cases for which required. Any party who files a notice of appeal or cross appeal in a civil case shall also file a Civil Appeal Docketing Statement (CADS), except that a CADS shall not be filed in any appeal from, or an original proceeding involving, (1) a petition for extraordinary relief such as a petition for a writ of mandamus or the like,(2) a petition for a writ of habeas corpus, (3) an appeal or petition in which the appellant or petitioner is incarcerated and is seeking relief related to the incarceration, (4) an appeal or case arising under Rule 40 of the Hawai'i Rules of Penal Procedure,(5) questions of law reserved to the Hawai'i Supreme Court, (6) revocation of a drivers' license,(8) termination of parental rights, or(9) adjudication of a juvenile as a law violator. The CADS shall be filed in a form that substantially conforms to Form 6 of the Hawai'i Rules of Appellate Procedure.
(b)Time for filing. The CADS shall be filed with the notice of appeal. The appellate clerk shall not reject a notice of appeal for which there is no CADS.(d)Service of the CADS. Any party who files a CADS shall serve a copy of it on all other parties. (e)Relationship to Rules 10 and 11. Upon notice from the appellate clerk that an appeal has been accepted into the appellate mediation program, preparation of transcripts, the record, the statement of jurisdiction, and briefs shall be stayed pending further notification from the appellate clerk, notwithstanding anything to the contrary in Rules 10, 11, and 28 of these Rules. If an appeal is accepted into the appellate mediation program, the appellate clerk shall notify the parties, the clerk of the court from which appeal is taken, and the court reporters. Likewise, the appellate clerk shall notify the parties, the clerk of the court from which appeal is taken, and the court reporters if an appeal is returned to the appeals docket. The appellate clerk's notices may be transmitted by interoffice mail, United States mail, e-mail, notice of electronic filing, or facsimile.(f) Sanctions. Failure to file a CADS may result in sanctions, including dismissal of the appeal.Added March 1, 1995, effective 3/15/1995; further amended and effective 4/25/1995; further amended and effective 2/26/1996; further amended December 6, 1999, effective 1/1/2000; further amended November 17, 2000, effective 1/1/2001; further amended November 8, 2007, effective 1/1/2008; further amended August 30, 2010, effective 9/27/2010; further amended September 7, 2011, effective 1/1/2012; further amended June 4, 2015, effective 7/1/2015.