Rule 7.2 - Civil Motions Practice(a) Applicability. Rule 7.2 applies only to cases that are governed by the Hawai'i Rules of Civil Procedure. (b) Designation as hearing or non-hearing motion. All written motions, other than motions entitled to be heard ex parte or those listed in Exhibit B attached to these Rules, shall be designated as hearing motions and calendared for hearing; provided that discovery motions brought pursuant to Rules 26 through 37 of the Hawai'i Rules of Civil Procedure shall be governed by subsection (e) of this Rule. (c) Non-hearing motions. Non-hearing motions shall be decided on written submissions, unless otherwise ordered by the court. The court in its discretion, may set any non-hearing motion for hearing sua sponte, or upon application by a party pursuant to subsection (g)(4) of this Rule. A non-hearing motion shall be accompanied by a notice of motion that provides notice of the deadline by which a response must be filed and served. Any opposition to a non-hearing motion shall be filed and served no later than 10 days after the service date indicated on the certificate of service accompanying the motion or no later than 12 days after the service date if the motion is served by mail. Any reply shall be filed and served no later than 3 days after the service of the opposition or 5 days after the service date if the opposition is mailed. No party may file any documents later than 5 days after the service date of the opposition, unless otherwise ordered by the court. (d) Form of motions. In addition to the requirements of Rule 3 of these rules: (1) Every motion and any document submitted concerning such motion shall indicate below the title of the document: (A) the title of the motion; (B) the name of the judge; (C) the hearing date and time or non-hearing", as applicable; and(D) the trial date or "none" if a trial date has not been set: | HEARING MOTION |
| JUDGE: _________________ |
| HEARING DATE: ________ |
| HEARING TIME: ________ |
| TRIAL DATE: ___________ |
|
| NON-HEARING MOTION |
| JUDGE: _________________ |
| TRIAL DATE: ___________ |
(2) Hearing and non-hearing motions shall be presented in a form that substantially complies with Form C (1-5) (Hearing Motion) and Form D (1-5) (Non-Hearing Motion) of the Appendix of Forms attached to these rules. (e) Discovery motions.(1) Any discovery motion brought pursuant to Rules 26 through 37 of the Hawai'i Rules of Civil Procedure shall be designated, at the option of the moving party, a hearing motion or a non-hearing motion, except as provided in subsection (e)(2) below or as otherwise ordered by the court.(2) The following discovery motions shall be hearing motions:(A) motion concerning a protective order; (B) motion concerning sequence of discovery under Rule 26(d) of the Hawai'i Rules of Civil Procedure; (C) motion for discovery conference under Rule 26(f) of the Hawai'i Rules of Civil Procedure; and(D) motion concerning discovery cut-off. (f)Ex parte motions. A motion entitled to be heard ex parte shall (1) cite the statute, rule, or other authority authorizing the court to entertain the motion ex parte; (2) be supported by an affidavit or declaration stating the reason(s) for filing the motion ex parte, the efforts made to notify parties, and, if the motion is to shorten time or advance a hearing pursuant to subsection (g)(5) of this rule, the efforts made to obtain a stipulation or response from the other parties in the case or the reason(s) why no attempt was made; (3) be accompanied by a proposed order; and(4) be served on the date that the motion was filed.(g) Presentation of motions; copies for judge. Unless otherwise provided by Rule 6 of the Hawai'i Court Records Rules, the following rules shall apply: (1) HEARING MOTIONS. (A)Cases Assigned to a Judge.(i) In the First Circuit, except for cases that fall under (a) - (c) below, and as otherwise provided by HRS § 431:10C-213(b) and the Hawai'i Arbitration Rules attached as Exhibit A to these rules, the assigned judge shall designate the date and time of a hearing motion or joinder. Upon presentation of the hearing motion or joinder to the assigned judge, the motion or joinder shall be assigned a hearing date and time by the assigned judge. Upon designation of the hearing date and time, the motion or joinder shall be electronically filed by the filing party or conventionally filed if the filing party is not a JEFS User. Motions falling under any of the following exceptions shall be presented to the Legal Documents Branch/Section, instead of the assigned judge, for designation of a hearing/return date and time, if applicable, and filing: (a) Civil Administrative Judge's Hearing Motions (not related to the Court Annexed Arbitration Program); (b)Ex Parte Motions for Service by Publication, Examination of Judgment Debtor, and Issuance of Garnishee Summons; and(c) Motions in Foreclosure Actions. (ii) In the Second, Third, and Fifth Circuits, for motions not falling under the Hawai'i Arbitration Rules, the filing party may (a) contact the assigned judge's chambers for the hearing date and time and subsequently electronically file the motion with the hearing date and time or(b) conventionally file the motion and the clerk will coordinate with the assigned judge to assign a hearing date and time. (B)Cases Not Assigned to a Judge. A hearing motion or joinder for a case that is not assigned to a judge shall be presented to the Legal Documents Branch/Section for assignment to a judge. Upon assignment to a judge, the appropriate procedures in subsection (g)(1)(A) shall apply.(2) NON-HEARING MOTIONS. A non-hearing motion or joinder shall be electronically filed or conventionally filed if the filing party is not a JEFS User. (3) EX PARTE MOTIONS. An ex parte motion accompanied by aproposed order shall be electronically filed or conventionally filed if the filingparty is not a JEFS User. Proposed orders attached to Ex Parte Motions forService by Publication, Examination of Judgment Debtor, and Issuance ofGarnishee Summons shall provide appropriate space for the hearing/return dateand time.(4) APPLICATION FOR HEARING. A party desiring a hearing ona non-hearing motion may file an application for hearing. The application for a hearing, shall be supported by a statement of reasons, shall thereafter be presented to the judge assigned the case, along with a copy of the non-hearing motion attached to the application as an exhibit. Upon presentation, the application shall be date stamped, indicating date of receipt. The application shall be accompanied by a proposed order granting the application, which shall and include an appropriate space for the date and time of the hearing. The assigned judge may grant or deny the application, and such grant or denial shall not be subject to review or reconsideration. If granted, the date and time for the hearing shall be indicated on the order.(5) MOTION TO SHORTEN TIME FOR, ADVANCE, OR RESCHEDULE HEARING. (A) A motion to shorten time for hearing or motion to advance hearing shall be electronically filed or conventionally filed if the filing party is not aJEFS User. The motion shall cite the authority and state the reason(s) and factual or other basis for the request. The motion shall be accompanied by a proposed order granting the motion and including an appropriate space for the date and time of the hearing. The assigned judge may grant or deny the motion, and such grant or denial shall not be subject to review or reconsideration. If granted, the date and time for the hearing shall be indicated on the order.(B) Requests to reschedule hearings shall be made by motion or stipulation. The stipulation shall state the reason for rescheduling the hearing and shall be presented for approval to the judge assigned the case at least 48 hours before the scheduled hearing. Upon the judge's approval or denial of the stipulation, it shall be presented to the Legal Documents Branch/Section for filing. (6) COPIES FOR JUDGE. A party filing a motion, response to a motion, or other document pertaining to a motion, shall deliver 2 file-stamped copies of the motion, response, or document to the chambers of the assigned judge in an expeditious manner. All exhibits attached to the motion, response, orother document shall be appropriately tabbed.
Added August 26, 2011, effective 1/1/2012; amended March 20, 2014, effective 7/1/2014; amended October 4, 2019, effective 10/28/2019.