H.B. 2548 Summary

• Prohibits the Hawaii Supreme Court and intermediate appellate court from affirming, modifying, reversing, or vacating a matter based on grounds not raised by the parties, unless the parties are given opportunity to submit supplemental briefing and present oral argument on the issue.

• Establishes a statutory requirement that appellate courts may not make sua sponte (on their own motion) decisions on new factual or legal theories without allowing parties to be heard on those issues.

• Addresses due process concerns by requiring appellate courts to provide notice and an opportunity for parties to address any new legal or factual grounds the court wishes to consider before rendering a decision.

• Takes effect upon approval.