§664-9  Record on; new evidence.  [L
2004, c 202, §75 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  Whenever
any person appeals, the commissioner of boundaries shall transmit to the clerk
of the supreme court a copy of the record and of the commissioner's decision,
together with any exhibits filed and the bond for costs as in other cases.  The
intermediate appellate court or the supreme court may permit the introduction
of new evidence that could not with due diligence have been obtained before, and
the court's decision shall be final and binding. [L 1894-5, c 14, §5; RL 1925,
§560; RL 1935, §3668; RL 1945, §10209; RL 1955, §234-9; HRS §664-9; am L 1972,
c 90, §6(c); gen ch 1985; am L 2004, c 202, §75]



 



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



 



  See Hawaii Rules of Appellate Procedure.



 



Case Notes



 



  Opportunity to cure defects of proof.  20 H. 278.