Haw. R. App. P. 9

As amended through October 19, 2023
Rule 9 - Release in Criminal Cases Pending Appeal
(a) Appeals or relief from orders respecting release prior to a judgment of conviction.
(1) An appeal authorized by law from an order refusing or imposing conditions of release prior to a judgment of conviction shall be determined promptly. Upon the entry of an order refusing or imposing conditions of release, the circuit, district, or family court shall state in writing the reasons for the action taken. As soon as practicable after the filing of the notice of appeal, the appellant shall file a copy of the court's order with the appellate court. The appeal shall be heard without the briefs, unless otherwise ordered by the appellate court upon such documents, affidavits or declarations, transcripts, and copies of portions of the record as the parties may present or the appellate court may require. Any documents filed in accordance with this rule shall be served on all other parties. The appellate court that has jurisdiction over the case or a judge or justice thereof may order the release of the appellant pending the appeal.
(2) Review of orders respecting release prior to a judgment of conviction may be obtained by application for an extraordinary writ pursuant to Rule 21. An application for a writ of habeas corpus shall conform to statute. The appellate court that has jurisdiction over the case or a judge or justice thereof may order the release of the applicant pending the disposition of the application for the extraordinary writ.
(b)Release pending appeal from a judgment of conviction. Application for release after a judgment of conviction shall be made in the first instance in the circuit, district, or family court. If the court refuses release pending appeal, or imposes conditions of release, the court shall state in writing the reasons for the action taken. Thereafter, if an appeal is pending, a motion for release, or for modification of the conditions of release, pending a review may be made to the appellate court before which the appeal is pending or to a judge or justice thereof. The application shall be made by filing a written motion with proof of service on all other parties. It shall be determined promptly upon such documents, affidavits or declarations, transcripts, and copies of portions of the record as the parties shall present or the appellate court may require. Any documents filed in accordance with this rule shall be served on all other parties. The appellate court that has jurisdiction over the case or a judge or justice thereof may order the release of the appellant pending disposition of the motion.
(c) Criteria for release. The decision as to release shall be made according to statute.

Haw. R. App. P. 9

Amended December 6, 1999, effective 1/1/2000; further amended October 6, 2003, effective 1/1/2004; further amended August 30,2010, effective 9/27/2010.