Setala v. J.C. Penney Co.

Opinion of the Court by

ACOBA, J.

We hold that a notice of appeal is deemed “filed” for purposes of Hawai'i Rules of Appellate Procedure (HRAP) Rule 4(a) on the day it is tendered to prison officials by a pro se prisoner. Accordingly, we remand this case to the first circuit court (the court)1 for an evidentiary hearing, consistent with this opinion, on the issue of whether Plaintiff-Appellant Vincent M. Setala (Plaintiff) tendered his notice of appeal to prison officials on or before the deadline.

I

This case arises out of a shoplifting incident on March 21, 1994, when Plaintiff entered…