2011 Hawaii Code
DIVISION 4. COURTS AND JUDICIAL PROCEEDINGS
TITLE 35. APPEAL AND ERROR
641. Appeals
§641-31 Bonds, costs, failure to file or pay, defects.


HI Rev Stat § 641-31 (2011 through Reg Sess) What's This?

PART III. GENERAL PROVISIONS

[§641-31] Bonds, costs, failure to file or pay, defects. Failure of an appellant to file a bond or to pay costs, or informality or insufficiency of a bond or payment of costs, does not affect the validity of the appeal, but is ground only for such remedies as are specified by the rules of court or, when no remedy is specified, for such action as the court having jurisdiction deems appropriate, which may include dismissal of the appeal. [L 1895, c 25, §2; am L 1905, c 14, §1; RL 1925, §2538; RL 1935, §3506; RL 1945, §9508; am L Sp 1949, c 41, §1; RL 1955, §208-8; HRS §641-43; am L 1972, c 89, pt of §5; ren HRS §641-31]

General Note

References to rules and other statutes; case notes; See appended chapter note, pt. I A7c, I D7.

Bond on motion for new trial, see HRCP rule 62.

Case Notes

The effectiveness of a notice of appeal is not conditioned upon payment of costs. 57 H. 168, 552 P.2d 355.

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