§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).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
664. Boundaries, Fences, Ways, Water Rights
664-1 Judges as commissioners.
664-2 Commissioners to keep record.
664-3 Certificate of boundaries, fee.
664-4 Copy sent to department.
664-5 No patent on award until boundaries settled.
664-6 Application for certificate.
664-7 Notice, evidence, decision.
664-9 Record on; new evidence.
664-10 Powers of commissioner; procedure.
664-23 Hearing, order, kind of fence and markers, etc.