Request For Transcript Of Proceedings For Record On Appeal Page 4
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6Rules 10 and 11 of the Hawai`i Rules of Appellate Procedure as amended December 6, 1999,
effective as of January 1, 2000.
Rule 10. THE RECORD ON APPEAL.
(a) Composition of the Record on Appeal. The record on appeal shall consist of the following:
(1) The original papers filed in the court or agency appealed from;
(2) written jury instructions given, or requested and refused or modified over objection;
(3) exhibits admitted into evidence or refused;
(4) the transcript of any proceedings prepared pursuant to the provisions of Rule 10(b);
(5) in a criminal case where the sentence is being appealed, a sealed copy of the presentence
investigation report; and
(6) the indexes prepared by the clerk of the court appealed from.
(b) The Transcript of Proceedings.
(1) Request to Prepare Transcript.
(A) When an appellant desires to raise any point on appeal that requires consideration of the oral
proceedings before the court or agency appealed from, the appellant shall serve on each appellee and
file with the clerk of the court appealed from, within 10 days after filing the notice of appeal, a request to
prepare a reporter's transcript of such parts of the proceedings as the appellant deems necessary that
are not already on file.
(B) The request shall identify each reporter who will be required to prepare a transcript pursuant
to the request and shall, unless the appellant is statutorily exempt from the transcript prepayment or
deposit requirement in accordance with statute, be accompanied by either (i) a certificate by each
reporter that the fees for the reporter's services have been paid or waived; or (ii) a deposit of the
approximate cost of the transcript fees, as computed by the reporter at the rate established by the Rules
Governing Court Reporting in the State of Hawai`i. If the request is accompanied by a deposit, the
deposit shall be further accompanied by directions to the clerk of the court to use it to pay for the reporter
fees when the transcript is complete.
(C) Unless the appellant is exempt from prepaying or making the deposit required, the reporter
need not complete the transcript until suitable arrangements for payment have been made.
(D) The appellant shall deliver a file-marked copy of the request and its accompanying
documents to the court reporters' office.
(E) If, upon receiving the request, the reporter determines that the prepaid fees or the amounts
deposited by the appellant are inadequate to cover the cost of the transcript, the reporter may, within 10
days after receiving the request, file with the clerk of the court and mail to the appellant an estimate or
revised estimate of the total cost of the transcript and a notice of the additional amount required to be
paid or deposited. The appellant shall pay the reporter and shall file a reporter's certificate of payment or
deposit within 10 days after the mailing of the reporter's notice. The reporter shall continue to work on the
transcript until the prepaid fees or initial deposit are earned or until the expiration of the time allowed to
make the additional payment or deposit, whichever is earlier.
(F) When a transcript is completed, payment of which is to be made by the clerk of the court
from the appellant's deposit, the reporter shall bill the appellant at the rate authorized by the Rules
Governing Court Reporting in the State of Hawai`i, with a copy to the clerk of the court, and the clerk of
the court shall pay the reporter from the funds deposited and promptly refund any excess deposit to the
appellant or give notice to the appellant of any additional funds needed. If more than one reporter is
producing the transcript, the clerk of the court shall pay promptly each reporter who certifies under
penalty of perjury that all of his or her portions of the transcript are completed.
(2) Certificate that No Transcripts to be Prepared. If the appellant deems it unnecessary to have
transcripts prepared, the appellant shall, within 10 days after filing the notice of appeal, file a certificate
to that effect with the clerk of the court appealed from and serve a copy of the certificate on each
appellee.
(3) Duty of the Appellant in Insufficiency of the Evidence Appeals. If the appellant intends to urge
on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the
appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion.
(4) Notice to Appellee if Partial Transcript is Ordered. Unless the entire transcript is to be
prepared, the appellant shall, within the 10-day time provided in (b)(1)(A) of this Rule 10, file a statement
of the points of error the appellant intends to present on the appeal and shall serve on the appellee a
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