Guide
Hawaii Table of Authorities: HRAP Rule 28
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A Hawaiʻi appellate opening brief requires a table of authorities under HRAP 28(b)(1). It lists alphabetically arranged cases and the other cited categories, with references to the pages of the brief where citations appear. Answering briefs have a qualified rule under HRAP 28(c), while HRAP 28(d) does not repeat the opening-brief table requirement for replies. Do not turn those different provisions into a blanket all-briefs statement.
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The opening-brief table provision
“a table of authorities listing the cases, alphabetically arranged, text books, articles, statutes, treatises, regulations, and rules cited, with references to the pages in the brief where they are cited.” — HRAP 28(b)(1)
“Citation to Hawaiʻi cases since statehood shall include both the state and regional reporters.” — HRAP 28(b)(1)
The same paragraph links table content to citation completeness. Do not leave out a statute because it appears only once, or treat a law-review article as ordinary prose when it is cited as authority. Alphabetical case sorting is explicit; the paragraph does not prescribe that same alphabetical treatment for every non-case category. Sensible category headings can make the table navigable without claiming an additional court-mandated taxonomy. For decisions generally available only from electronic databases, Rule 28(b)(1) permits database citations with enough information to identify the database, court and opinion date.
| Document | Rule | Scope of the table treatment |
|---|---|---|
| Opening brief | 28(b)(1) | Express table requirement with cases alphabetized and citation-location page references. |
| Answering brief | 28(c) | Like-character rule with express section exceptions. Review what is controverted; do not describe it as an unconditional copy of every opening section. |
| Reply brief | 28(d) | Confined to answering-brief matters; no separate table mandate stated here. If included, use reply-specific authorities and pages. |
| Amicus brief | 28(g) | Must comply with applicable provisions of subsection (b), subject to the leave order. |
| Reserved questions and original Supreme Court cases | 28(e), (f) | Applicable subdivisions generally carry over unless otherwise ordered; points of error and standards of review are excepted. |
| Cross appeal | 28(h) | Separate cross-appeal briefs comply with applicable subdivisions (a)–(d); inspect the corresponding brief type. |
Page references, record references and appendix material
A table’s right-hand references locate an authority citation in the brief. A reporter pinpoint locates language in an opinion. HRAP 28(b)(3) separately addresses record references using document descriptions, docket information and electronic page citations. These three systems must not be merged. In a hypothetical brief, an authority cited on printed pages 9 and 16 should have those locations in its table, even if the citation includes reporter page 245 and the nearby record citation points to electronic page 72.
The appendix is not a replacement for the table. Rule 28(b)(8) addresses relevant legal text, allowing lengthy pertinent text in an appendix, while Rule 28(b)(10) limits appended material to the record except as the rule provides. Review the assembled document so appended decisions or statutory text are not mistaken for occurrences in the argument. When an appendix reproduction itself contains many case citations, avoid importing those wholesale as authorities relied on in your brief.
A careful PDF-to-Word workflow
- Confirm the brief type and governing order. Begin with Rule 28(b) for an opening brief; apply the actual answering or reply provision instead of assuming identical front matter. Check current format requirements under Rule 32 separately.
- Export the draft with intended printed pagination. Keep the matching .docx. Open the Table of Authorities generator in standard format and confirm the court/settings, because detection or a sample can override the entry setting.
- Review complete citations and categories. Confirm state and regional reporters for Hawaiʻi cases since statehood. Merge genuine full/short-form duplicates, inspect footnotes and Id. references, and add missed articles, regulations or rules. Extraction does not research missing reporter information or restyle citations.
- Verify every brief-page reference. Compare the output with the printed page label, not just the PDF viewer position. Preserve specific pages; the cited table paragraph does not expressly authorize passim.
- Export editable Word output. PDF-only downloads a .docx table. Matching Word plus a text-layer PDF can insert ordinary table text into the Word brief. Keep the subject index and authorities table distinguishable and verify their front-matter location.
- Re-export the assembled brief. Insertion and later edits may shift references. Inspect the final PDF and regenerate when necessary. The generator does not format the whole brief, create e-filing bookmarks or certify compliance.
Frequently asked
What is the exact Hawaii table term?
HRAP 28(b)(1) calls it a table of authorities. It appears alongside a subject index; the subject index tracks the brief’s topics, while the authorities table tracks cited legal sources.
Must every answering brief repeat every opening section?
No. Rule 28(c) includes express qualifications: no statement of points is required, and no other section is required unless the corresponding opening section is controverted. Review your actual response and any instruction rather than assuming an unconditional full set of sections.
Does the reply rule expressly require a table?
Rule 28(d) does not repeat that requirement. It restricts the reply to answering-brief matters. A voluntary table can help a citation-heavy reply, but review current instructions and the court’s order before deciding what to omit.
Are regional citations alone enough for Hawaii cases?
Not for Hawaiʻi cases since statehood under Rule 28(b)(1): both state and regional reporters are required. The rule separately allows foreign-case citations to use only the regional reporter.
Can I use the same rule for a circuit-court memorandum?
Not automatically. HRAP governs appellate proceedings, including specified original Supreme Court cases. Circuit-court practice has separate rules and orders. This guide does not establish a trial-court TOA mandate.
Official sources checked
- Hawaiʻi Rules of Appellate ProcedureOfficial HTML Rule 28(a)–(j) read on 2026-10-14. The upload folder is not the rule’s effective date; the court index lists the compilation effective July 1, 2026, with later separate orders affecting other rules.courts.state.hi.us
- Hawaiʻi Judiciary Rules of Court indexRead on 2026-10-14; index last updated October 12, 2026. Listed later HRAP orders concern Rules 4, 35 and 50, not the quoted table provision. No access exception. General drafting guidance, not legal advice; verify current rules and orders before filing.courts.state.hi.us
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