§602-59  Review of decision of the
intermediate appellate court, certiorari.  [L 2004, c 202, §59
amendment repealed June 30, 2010.  L 2006, c 94, §1.]  (a)  After issuance
of the intermediate appellate court's judgment or dismissal order, a party may
seek review of the intermediate appellate court's decision and judgment or
dismissal order only by application to the supreme court for a writ of
certiorari, the acceptance or rejection of which shall be discretionary upon
the supreme court.



(b)  The application for writ of certiorari
shall tersely state its grounds, which shall include:



(1)  Grave errors of law or of fact; or



(2)  Obvious inconsistencies in the decision of the
intermediate appellate court with that of the supreme court, federal decisions,
or its own decision,



and the magnitude of those errors or inconsistencies
dictating the need for further appeal.



(c)  An application for writ of certiorari may
be filed with the supreme court no later than ninety days after the filing of
the judgment or dismissal order of the intermediate appellate court. 
Opposition to an application for a writ of certiorari may be filed no later
than fifteen days after the application is filed.  The supreme court shall
determine to accept the application within thirty days after an objection is or
could have been filed.  The failure of the supreme court to accept within
thirty days shall constitute a rejection of the application.



(d)  Upon the acceptance of the application,
the clerk shall forward the complete file of the case to the supreme court. 
Supplemental briefs shall be accepted from the parties only upon the request of
the supreme court. [L 1979, c 111, pt of §3; am L 1997, c 24, §1; am L 2004, c
202, §59; am L 2006, c 149, §1]



 



Note



 



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."



Rules of Court



 



  Writ of certiorari, see HRAP rule 40.1.



 



Case Notes



 



  Where appellate court's amended order denying reconsideration
corrected only clerical errors and did not materially alter rights or
obligations, entry of amended order did not extend time within which petitioner
was required to file application for certiorari under subsection (c) and HRAP
rule 40.1(a); petitioner's application for certiorari was thus untimely.  94 H.
297, 12 P.3d 1238.



  Where summary disposition order of the intermediate court of
appeals contained no grave errors of law or fact and was not obviously
inconsistent with the appellate case law of this State, defendant's application
for writ of certiorari dismissed as improvidently granted.  101 H. 127, 63 P.3d
1097.