Background
Self-represented plaintiff Li Xie filed a notice of appeal on April 7, 2026, from a judgment entered in the District Court of the First Circuit, Honolulu Division (Case No. 1DRC-25-0005406). Two days after filing, the appellate court clerk notified Xie that the required filing fees had not been paid and warned that failure to pay or to obtain a fee waiver could result in dismissal of the appeal.
The record on appeal was due by June 8, 2026, under Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 11(b)(1). Because Xie neither paid the filing fees nor sought an order to proceed in forma pauperis, the record was never docketed. On June 17, 2026, the appellate clerk entered a default of the record on appeal, again notifying Xie of the deficiency and advising that the matter would be brought to the court’s attention on June 29, 2026, with possible dismissal, and that Xie could seek relief by motion.
Xie took no further action after the default was entered.
The Court’s Holding
The Intermediate Court of Appeals, per Chief Judge Nakasone and Associate Judges Wadsworth and Gluck, dismissed the appeal. The court found that the record on appeal had not been prepared solely because Xie failed to pay the required filing fees or obtain an in forma pauperis order.
The dismissal rested on HRAP Rule 11(b)(2) and (c)(2), which authorize dismissal when an appellant’s own inaction in satisfying fee obligations prevents the record from being docketed. The court noted that Xie had received multiple warnings — at filing, through the clerk’s default notice, and through the advisory that dismissal was forthcoming — and still took no remedial steps.
Key Takeaways
- An appeal can be dismissed when the appellant fails to pay required filing fees or secure an in forma pauperis order, preventing the record from being docketed under HRAP Rule 11(b)(2) and (c)(2).
- Appellate clerks in Hawaiʻi are required to notify appellants of fee deficiencies; a failure to act on those notices, including the opportunity to move for relief from default, can be fatal to the appeal.
- Self-represented litigants are held to the same procedural requirements as represented parties — ignorance of filing-fee obligations does not excuse non-compliance.
Why It Matters
This ruling is a practical reminder that filing a notice of appeal is only the first step in perfecting an appeal. Failure to promptly address fee obligations — or to timely seek in forma pauperis status — can result in dismissal regardless of the underlying merits of the case.
For attorneys advising self-represented clients or handling appeals themselves, the case underscores the importance of monitoring appellate deadlines and fee notices immediately after filing. The Hawaiʻi appellate courts will not indefinitely hold open a docket simply because an appellant is unrepresented, and the window to cure a fee default is narrow.