Bonds, costs, failure to file or pay, defects.

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§641-31 Bonds, costs, failure to file or pay, defects. Failure of an appellant to file a bond or to pay costs, or informality or insufficiency of a bond or payment of costs, does not affect the validity of the appeal, but is ground only for such remedies as are specified by the rules of court or, when no remedy is specified, for such action as the court having jurisdiction deems appropriate, which may include dismissal of the appeal. [L 1895, c 25, §2; am L 1905, c 14, §1; RL 1925, §2538; RL 1935, §3506; RL 1945, §9508; am L Sp 1949, c 41, §1; RL 1955, §208-8; HRS §641-43; am L 1972, c 89, pt of §5; ren HRS §641-31]

Rules of Court

Bond on motion for new trial, see HRCP rule 62.

Case Notes

The effectiveness of a notice of appeal is not conditioned upon payment of costs. 57 H. 168, 552 P.2d 355 (1976).


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