§664-9  Record on; new evidence.  Whenever any person appeals, the commissioner of boundaries shall transmit to the clerk of the supreme court a copy of the record and of the commissioner's decision, together with any exhibits filed and the bond for costs as in other cases.  The intermediate appellate court or the supreme court may permit the introduction of new evidence that could not with due diligence have been obtained before, and the court's decision shall be final and binding. [L 1894-5, c 14, §5; RL 1925, §560; RL 1935, §3668; RL 1945, §10209; RL 1955, §234-9; HRS §664-9; am L 1972, c 90, §6(c); gen ch 1985; am L 2004, c 202, §75; am L 2006, c 94, §1; am L 2010, c 109, §1]

Rules of Court

  See Hawaii Rules of Appellate Procedure.

Case Notes

  Opportunity to cure defects of proof.  20 H. 278 (1910).