Haw. Prob. R. 13

As amended through September 30, 2024

Rule 13 - Continuances

(a) By the Court. The court in its discretion may continue any hearing to a later date and time (1) when it appears from the record that required filings, notice, or procedures have not been completed prior to the hearing, (2) when a report of a court-appointed master, guardian ad litem, Kokua Kanawai, or appraiser cannot or will not be ready by the hearing date, or (3) when in the interest of justice, judicial efficiency, or fairness, a continuance will permit all parties to the proceeding to be properly and fully represented. If a continuance is imposed by the court, the court shall notify counsel for the petitioner and instruct counsel to submit an amended notice of hearing, with the new hearing date.

COMMENTARY:

Continuances by the court are rare; usually they are only imposed when a flag sheet has not been presented to the court on time; where other documents (such as proof of service) are missing, the hearing is held and the documentary deficiency brought to the attorney's attention, giving the attorney the opportunity to point out if a document has in fact been filed but not delivered to the file in time. Requiring that flag sheets be filed prior to the hearing should help eliminate a portion of those continuances. Sometimes the deficiency is not one of the attorney's or party's own making; a document may have been misplaced or misrouted at the court. Parties may have traveled from off island or taken off time from work or school to attend the hearing. By putting a brief explanation of the reason for continuance on the court calendar, the attorney can either catch an error or rectify an omission in time to get the matter reinstated at the original hearing time. This would improve the efficiency of the judicial system, and help alleviate the congested calendar, by eliminating having some matters continued over to future hearing dates, which often prevents new matters from being scheduled for those future dates.

This rule would also allow the court to continue the hearing when justice demands; for example, when an heir or beneficiary appears without counsel and may want to object to the petition.

(b) By Request of the Parties. Any party, master, or guardian ad litem requesting a continuance shall file a petition to continue the hearing date, accompanied by an affidavit of counsel clearly setting forth the basis for continuance, and said petition for continuance shall be heard on the original hearing date, unless otherwise ordered by the court.

The party obtaining a continuance shall prepare and submit to the court an Amended Order Setting Time and Place of Hearing and shall serve the file-marked Amended Order on all parties who have appeared in the matter. Counsel may request a specific hearing date by way of cover letter or transmittal memorandum attached to the Amended Order, but if the court has not yet set the time and place of hearing, counsel shall submit a proposed order with the hearing date and time in blank.

COMMENTARY:

Continuances by the parties are confusing, and there are no standard procedures at this time. This rule provides guidance and certainty to the system. Any party may seek a continuance, but that request, unless otherwise ordered by the court, will be heard at the original time set for the hearing. By using the original hearing date to hear any petition for continuance, the court may proceed with the original petition if the continuance is not granted. This rule also clarifies that the person obtaining the continuance is to prepare, file, and serve an amended order setting time and place of hearing, although the order is to be presented to the court with the date and time left blank for the court to fill in.

(c) Effect of Continuance on Response Time. Unless otherwise ordered by the court, a continuance shall not enlarge the time in which to file responsive pleadings, memoranda, or other documents other than procedural documents.

COMMENTARY:

This rule would eliminate using a continuance as a means of buying time to respond to a pleading and would increase judicial efficiency by eliminating an incentive to continue. Parties would have to have their cases prepared for the original hearing date and could not use the continuance delay to improve their positions. This rule also clarifies the situation when a specific deadline is set by statute, rule, or stipulation, such as the requirement that overbids in a confirmation of sale proceeding be delivered to the court prior to the time set for the hearing. A continuance for failure to file a flag sheet in time would not give other prospective bidders additional time in which to submit bids.

Haw. Prob. R. 13