THE SENATE

S.B. NO.

2118

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to discretionary transfers to the supreme court.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 602-58, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The supreme court, in a manner and within the time provided by the rules of court, may grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:

     (1)  A question of first impression or a novel legal question; [or]

     (2)  Issues upon which there is an inconsistency in the decisions of the intermediate appellate court or of the supreme court[.]; or

     (3)  An issue of child custody; provided that this paragraph shall not apply to child custody cases arising under chapter 587A."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request

 

 

Report Title:

Judiciary Package; Discretionary Transfers; Supreme Court

 

Description:

Allows child custody appeals to be transferred from the Intermediate Court of Appeals to the Supreme Court, except in cases brought under the Child Protective Act.

 

 

 

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