Bill Text: HI SB998 | 2012 | Regular Session | Introduced
Bill Title: Court of Appeals; Time Period for Filing Application for Certiorari
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB998 Detail]
Download: Hawaii-2012-SB998-Introduced.html
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THE SENATE |
S.B. NO. |
998 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to courts of appeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 602-59, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) An application for writ of
certiorari may be filed with the supreme court no later than [ninety] thirty
days after the filing of the judgment or dismissal order of the intermediate
appellate court. Upon a written request filed prior to the expiration of
the thirty-day period, a party may extend the time for filing an application
for writ of certiorari for no more than an additional thirty days. Opposition
to an application for a writ of certiorari may be filed no later than fifteen
days after the application is filed. The supreme court shall determine to
accept the application within thirty days after an objection is or could have
been filed. The failure of the supreme court to accept within thirty days
shall constitute a rejection of the application."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2011; provided that section 602-59(c), Hawaii Revised Statutes, shall apply in the form in which it read on the day before the effective date of this Act to cases in which the intermediate appellate court's judgment or dismissal order was filed before the effective date of this Act.
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INTRODUCED BY: |
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By Request |
Report Title:
Court of Appeals; Time Period for Filing Application for Certiorari
Description:
Shortens the time period for filing an application for writ of certiorari with the supreme court from 90 to 30 days, but permits an extension upon written request of up to 30 additional days.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
