Bill Text: HI SB489 | 2017 | Regular Session | Amended
Bill Title: Relating To Response To Writ For Certiorari.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-03-09 - Referred to JUD, referral sheet 27 [SB489 Detail]
Download: Hawaii-2017-SB489-Amended.html
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THE SENATE |
S.B. NO. |
489 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RESPONSE TO WRIT FOR CERTIORARI.
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 a writ of
certiorari may be filed with the supreme court no later than 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 a writ of
certiorari for no more than an additional thirty days. [Opposition] A
response to an application for a writ of certiorari may be filed no later
than fifteen days after the application is filed. Upon a timely written
request by a party, the clerk of the court shall grant one extension of time
for no more than fifteen days for filing a response to an application for a
writ of certiorari. The clerk of the court shall note on the record that the
extension was granted. The clerk of the court shall give notice that the
request is timely and granted. A request is timely only if it is received by the
clerk of the court within the original time for filing of the response. The
supreme court shall determine to accept the application within thirty days
after [an objection] a response 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2059; 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.
Report Title:
Honolulu Prosecuting Attorney Package; Certiorari; Writ; Response; Time; Extension
Description:
Authorizes the clerk of the court to grant a single extension of no more than fifteen days for filing with the supreme court a response to an application for writ of certiorari upon timely written request of a party. Clarifies what constitutes a timely request for an extension. Takes effect on 1/7/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
