SB 639 Summary

• Prohibits the Hawaii Supreme Court and Intermediate Appellate Court from deciding cases on grounds not raised by the parties, unless the parties are given an opportunity to submit supplemental briefing on those grounds.

• Requires courts to order a rehearing if they fail to provide parties the opportunity to brief newly raised issues before rendering a decision.

• Applies the principle of "party presentation," which establishes that parties, not courts, should frame the legal issues for decision in appellate proceedings.

• Takes effect on September 1, 2021.