Background
This original proceeding arose out of a family court matter (Case No. 1DV121006689) currently on appeal before the Intermediate Court of Appeals (CAAP-25-0000391). Petitioner D.J. filed a petition for writ of mandamus on May 15, 2026, followed by an amended petition on May 20, 2026, seeking an order compelling the court reporter to file transcripts that had been previously requested for use in the underlying appeal. A motion to supplement the record was also filed on June 16, 2026.
Before the Supreme Court could act on the petitions, the last of the requested transcripts were filed with the appellate court on May 22, 2026, mooting the core relief sought.
The Court’s Holding
The Supreme Court, per curiam, denied both the original and amended petitions for writ of mandamus as moot, given that the court reporter had filed all outstanding transcripts by May 22, 2026. The court similarly denied the June 16, 2026 motion to supplement the record as moot.
The court further ordered that no filing fees would be assessed for the mandamus proceeding and directed that any filing fees already collected be refunded to Petitioner.
Key Takeaways
- A mandamus petition seeking to compel a court reporter to file transcripts becomes moot once those transcripts are actually filed, even if filed after the petition is lodged.
- The Hawaii Supreme Court will deny mandamus relief as moot when the specific act sought has already been performed by the time of decision.
- The court exercised its discretion to waive and refund filing fees where the mandamus proceeding was rendered moot by subsequent compliance.
Why It Matters
Although the denial on mootness grounds carries no precedential weight on the merits, the case illustrates the practical use of mandamus as a tool to compel timely transcript preparation in civil appeals—and suggests that filing such a petition may itself prompt compliance. Appellate practitioners in Hawaii should note that mandamus remains an available, if extraordinary, remedy when court reporters fail to meet transcript deadlines that are holding up an appeal.
The court’s decision to refund filing fees in a moot mandamus proceeding also signals a degree of procedural fairness when a petitioner obtains the practical relief sought, even without a merits ruling.