(a)Right of cross-appeal. (1) If a timely notice of appeal is filed by a party, any other party may, if allowed by law, file a cross-appeal. (2) In civil cases involving multiple-party plaintiffs or defendants, if one party files a timely notice of appeal, any other party, whether on the same or opposite side as the party first appealing, may file a notice of cross-appeal.(3) In criminal cases, the state or the defendant may file a cross-appeal within the time and under the circumstances permitted by this rule if the appeal is otherwise allowed by law.(b)Manner and time of filing. (1) A notice of cross-appeal shall be filed within 14 days after the notice of appeal is served on the cross-appellant, or within the time prescribed for filing the notice of appeal, whichever is later. Unless filed electronically, as required by Rule 25 of these rules and Rules 2.2 and 4.1 of the Hawai'i Electronic Filing and Service Rules, the notice of cross-appeal shall be submitted to the clerk of court. If a notice of cross-appeal is mailed, the notice of cross-appeal shall be deemed timely filed if the mailing is postmarked within the time fixed for filing and is received by the clerk no later than 5 days after the postmarked date. For the purposes of calculating other deadlines in these Rules, the date of filing under this Rule shall be the date the document is received by the clerk. Furthermore, if a notice of cross-appeal is mistakenly submitted to the appellate clerk, the appellate clerk shall note on it the date of receipt and shall electronically file the notice of cross-appeal. The date of the receipt by the appellate clerk shall be deemed to be the date the notice of cross-appeal was filed with the clerk of the court. A notice of cross-appeal filed through JEFS or JIMS is deemed filed with the clerk of the court appealed from.(2) The notice of cross-appeal shall comport with, and be filed and served in the manner prescribed by, Rule 3.(c)Additional requirements. The cross-appellant shall comply with all rules governing appeals, except that the cross-appellant is not required to order a transcript or file a court reporter's certificate unless the initial appeal is abandoned or dismissed without the record. Otherwise, the cross-appeal proceeds in the same manner as an ordinary appeal.(d)Abandonment or dismissal of appeal. If the appellant abandons the initial appeal or the appellate court dismisses it, the cross-appeal may nevertheless be prosecuted to its conclusion, if allowed by law. Within 14 days after the entry of the order dismissing the initial appeal, if there is a record to be transcribed, the cross-appellant shall, in accordance with Rule 10(b), serve on each cross-appellee and file with the appellate clerk, a request for transcripts of such parts of the proceedings as the cross-appellant deems necessary that are not already on file.(e) Extension of time to file cross-appeal. A party seeking an extension of time to take a cross-appeal shall proceed under Rule 4.Added December 6, 1999, effective 1/1/2000; further amended August 30, 2010, effective 9/27/2010; further amended December 14, 2011, effective 1/1/2012; further amended July 3, 2019, effective 1/1/2020.