Background
Jordan Michael Pond, a self-represented defendant, filed a notice of appeal on March 20, 2026, from a decision of the Circuit Court of the Second Circuit. The circuit court clerk notified Pond on March 25, 2026, that the required filing fees had not been paid and warned that failure to pay or request a waiver could result in dismissal of the appeal.
The record on appeal was due on or before May 19, 2026, but Pond failed to file it because the filing fees remained unpaid and no fee waiver was requested. On May 27, 2026, the appellate clerk entered a default of the record on appeal, notifying Pond that the time to docket the appeal had expired, the matter would be brought to the court’s attention on June 8, 2026 for possible dismissal, and that Pond could seek relief from default by motion.
Pond took no further action in the appeal.
The Hawaii Intermediate Court of Appeals dismissed the appeal. Under Hawaii Rules of Appellate Procedure Rule 11(b)(2) and (c)(2), an appeal may be dismissed when the record on appeal has not been prepared because the appellant failed to pay required fees or obtain an order allowing the appellant to proceed in forma pauperis.
Because Pond neither paid the filing fees nor obtained an order to proceed in forma pauperis after adequate notice and opportunity to do so, the court found dismissal appropriate.
This case illustrates the strict procedural requirements governing appellate practice in Hawaii. Even meritorious claims can be lost if appellants fail to comply with filing fee requirements and procedural deadlines. Courts will not overlook non-payment of fees simply because a litigant is self-represented, though procedural mechanisms exist (in forma pauperis petitions) to address financial hardship.
For self-represented appellants, understanding and timely complying with appellate rules—including fee payment or fee waiver procedures—is essential to preserving the right to appeal.
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