Rule 11 - ABBREVIATED BRIEFS(a) Abbreviated Opening Brief. Unless otherwise permitted by the appellate court pursuant to Rule 2 of these rules, appellant shall file an abbreviated opening brief no later than 30 days after the record on appeal is filed. The abbreviated opening brief shall substantially comply with the form and format of the sample attached to these rules as Form 3. Unless otherwise permitted by the appellate court for good cause, the abbreviated brief shall not exceed 25 pages, excluding the flyleaf, certificate of service, and attachments, and shall comply with all other provisions of Rule 32 of the Hawai'i Rules of Appellate Procedure. The brief's flyleaf shall prominently display the words "HRS Chapter 587A (Child Protective Act) Appeal" as shown on Form 3. An abbreviated opening brief shall include: (1) A statement of the nature of the case and the relief sought;(2) A concise statement of material facts that relate to the points asserted, with reference to the documentary record or transcript where evidence in support of the asserted fact is located;(3) A statement of the points of error presented for appeal. Each point of error shall include: (A) clear identification of the specific point of error;(B) reference to the part of the record where the error occurred;(C) how each point was preserved for appeal, with a reference to the part of the record where the alleged error was preserved; and(D) the applicable standard of review for the point of error.(4) Concise legal argument about each point of error with citation to legal authority;(5) A section on the last page of the brief that identifies any related appeals, including the family court case number and the appellate court case number. For purposes of this rule, an appeal is related when it arises from the same family court proceeding, concerns members of the same household, or concerns individuals who are related by consanguinity or affinity; and (6) A copy of the order, decree or judgment from which the appeal is taken, a copy of the family court' s findings of fact and conclusions of law, if entered, and a copy of each order on a post-judgment motion shall be attached to the brief.(b) Abbreviated Answering Brief. Unless otherwise permitted by the appellate court pursuant to Rule 2 of these rules, within 30 days after service of appellant's abbreviated opening brief, or receipt of the abbreviated opening brief, as evinced by an acknowledgment of service as provided in Rule 25(e) of the Hawai'i Rules of Appellate Procedure, whichever is later, appellee may file an abbreviated answering brief. The abbreviated answering brief shall substantially comply with the form and format of the sample attached to these rules as Form 4. The abbreviated answering brief shall contain the sections prescribed for abbreviated opening briefs, except appellee shall omit the statement of points and may omit any other section with which appellee has no contention. Unless otherwise permitted by the appellate court for good cause, the abbreviated answering brief shall not exceed 25 pages, excluding the flyleaf, certificate of service, and attachments, and shall comply with all other provisions of Rule 32 of the Hawai'i Rules of Appellate Procedure. The abbreviated brief' s flyleaf shall prominently display the words "HRS Chapter 587A (Child Protective Act) Appeal" as shown on Form 4. An appellee who does not intend to file an answering brief shall notify the appellate court and all parties, in writing, of that decision prior to the expiration of the time for filing the abbreviated answering brief.(c) Abbreviated Reply Brief. If an abbreviated answering brief is filed and served, appellant may, within 10 days after service of the abbreviated answering brief, or receipt of the abbreviated answering brief, as evinced by an acknowledgment of service as provided in Rule 25(e) of the Hawai'i Rules of Appellate Procedure, whichever is later, file an abbreviated reply brief. The abbreviated reply brief shall be confined to matters presented in the abbreviated answering brief. The abbreviated reply brief shall not exceed 5 pages, excluding the flyleaf, certificate of service, and attachments, and shall comply with Rule 32 of the Hawai'i Rules of Appellate Procedure. The brief's flyleaf shall prominently display the words "HRS Chapter 587A (Child Protective Act) Appeal." If no reply brief is to be filed, appellant shall notify the appellate court and all parties, in writing, of that decision prior to the expiration of the time for filing the abbreviated reply brief. (d) Briefs on cross-appeal. If a cross-appeal is filed, the parties shall file separate abbreviated opening, answering, and reply briefs on the cross-appeal, within the same time frames and in the same manner set out above for briefs for the appeal.R. Exp. Child. Protect. App. 11
Adopted effective 1/1/2012.