"Motion? What motion? Denied!"...3 more days for no action denial

Was wondering recently about where is the response to the Motion for Reconsideration. Was thinking that I need to start checking again daily the RSS feeds from the HI Supreme Court. Then, today, I got word of this in my Google alerts from Poinography! and Planet Kauai:

Motion? What motion? Denied.

Hmmm. The Hawaii Supreme Court has not (so far as I know) responded to the Lingle administration’s motion to reconsider the Superferry ruling. More than ten days have elapsed since her motion and the Senate’s amicus brief were submitted nearly a month ago.

According to the procedure Charley Foster helpfully wrote about earlier, the decision invalidating Act 2 still holds...

Filed under: Hawaii Media, Hawaii State Politics — Doug - May 10, 2009

Comments:

1. The Hawaii Supreme Court issued an order in the case, extending until May 15, 2009 the time within which it could act on the Motion for Reconsideration.

   DOUG: Mahalo, Mr. Bennett. When did this happen (and how did I miss it)?

   Comment by Mark Bennett — May 11, 2009 @ 2:01 pm

2. The Hawaii Supreme Court fairly routinely issues orders extending the 10-day automatic denial deadline in reconsideration motions (these orders are not usually published, so only the parties are informed, generally speaking). Most likely, that is what happened here.

   Comment by Robert Thomas — May 11, 2009 @ 5:51 pm

And from:

What it means to ask the Superferry court to reconsider

...Under Hawaii Rules of Appellate Procedure, Rule 40, Motion for Reconsideration, a party can file a motion for reconsideration stating the points of law or fact that the party contends the court has overlooked or misapprehended, together with a brief argument on the points raised.

The court has 10 days to either grant or deny the motion, and failure on the court’s part to respond one way or the other is deemed a denial of the motion.

MauiBrad said...

"The court has 10 days to either grant or deny the motion, and failure on the court’s part to respond one way or the other is deemed a denial of the motion."

They shouldn't even respond to this last ditch desperate political maneuver. Will find it amusing when day 10 passes and there has been no response.

3/20/2009

MauiBrad said...

OMG, I don't even remember posting the prior comment. Even with the extention to 5/15/09, it is starting to look like the denial by no action might just happen as Doug @ Poinography wrote about on May 10th and apparently Mark Bennett commented on May 11th. So we got 3 days left for the no action denial. Grounds for another party?

5/12/2009