(a) Form. All motions, except when made during a hearing or trial, shall be in writing, shall state the grounds therefor, shall set forth the relief or order sought, and if involving a question of law shall be accompanied by a memorandum in support of the motion. Every motion, except one entitled to be heard ex parte, shall be accompanied by a notice of hearing or of setting for hearing thereof. The motion may be stated in the notice of hearing. If a motion requires the consideration of facts not appearing of record, it shall be supported by affidavit. The motion shall be filed and served on all parties not less than 18 days before the date set for the hearing.(b) Opposition and reply. An opposing party may serve and file counter affidavits and a memorandum in opposition to the motion, which shall be served and filed not less than 8 days before the date set for the hearing, except as otherwise provided by the Hawai'i Rules of Civil Procedure or ordered by the Court. The movant may file and serve a reply not less than 3 days before the date set for the hearing. A reply must respond only to arguments raised in the opposition. Unless permitted by another rule or statute, no party may file or serve any papers other than those provided for in this rule. No party may file any papers less than 3 days before the date set for the hearing unless otherwise ordered by the court.(c) Required notice; effect of failure to appear. A party who does not oppose or who intends to support a motion, or who desires a continuance, shall immediately give written notification to the court and opposing counsel. Failure to appear at the hearing may be deemed a waiver of objections to the granting of the motion.(d) Motions for continuance. If a date has been assigned for trial of an action, a motion for continuance of the trial shall include on the first page of the notice of motion the trial date assigned and any previously assigned trial dates.(e) Consent of party to continuance of trial. A motion for continuance of any assigned trial date, whether or not stipulated to by respective counsel, shall be granted only upon a showing of good cause, which shall include a showing that the client-party has consented to the continuance. Consent may be demonstrated by the client-party's signature on a motion for continuance or by the personal appearance in court of the client-party.(f) Time to file motion. Unless otherwise ordered for good cause shown, all pretrial motions that request entry of judgment or dismissal of any claim shall be filed not later than 50 days prior to the assigned trial date.(g) Declaration in lieu of affidavit. In lieu of an affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form: I, (name of person) , do declare under penalty of law that the foregoing is true and correct.
Dated:
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(Signature)
Amended June 22, 1983, effective 7/1/1983, further amended May 24, 1984, effective 7/1/1984; further amended July 26, 1990, effective 9/1/1990; further amended November 22, 1994, effective 12/5/1994; further amended September 11, 1996, effective 1/1/1997; further amended May 15, 1997, effective 6/2/1997; further amended June 8, 2001, effective 7/1/2001.