When filing a motion in Hawaii State Court, the motion and all of its supporting documents (memorandum in support of motion; affidavits or declarations; exhibits, and notice of hearing and certificate of service) are delivered to the Court. The Court sets a hearing date and time and returns it to the moving party. The party filing the motion is then responsible for conforming the motion and serving it on the opposing party. The process of obtaining a Court hearing may take a few days to a week depending on the Court’s workload.
Motions will be heard upon eighteen (18) days written notice in accordance with Rule 7 of the Hawaii Rules of the Circuit Court. However, if you need an expedited hearing date, you should file an Ex Parte Motion to Advance Time for Hearing to the Court along with the motion. It is important to note that the motion must be served on parties not less than 18 days prior to the date of the oral hearing.
Pursuant to the Rule 7(b) of the Hawaii Rules of the Circuit Courts, (i) opposition memoranda by an opposing party must be served and filed not less than eight (8) days prior to the date set for the oral hearing and (ii) reply memoranda must be served and filed not less than three (3) days before the date of the oral hearing. When calendaring these two deadlines, it is important to be aware that, pursuant to Rule 6 of the Hawaii Rules of Civil Procedure:
When the period of time prescribed is less than 7 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. As used in this rule, “holiday” includes any day designated as such pursuant to section 8-1 of the Hawaii Revised Statutes.
H.R.C.P. Rule 6(a).
Pursuant to Rule 7(g) of the Hawaii Rules of the Circuit Courts, all pretrial motions that request entry of judgment or dismissal of any claim shall be filed no later than fifty (50) days prior to the assigned trial date.