Haw. Code R. § 15-219-32 - Motions

(a) All motions, other than those made during a proceeding, shall:

(1) Be in writing;

(2) State the grounds for the motion;

(3) Set forth the relief or order sought; and

(4) Be accompanied by a memorandum in support of the motion, if the motion involves a question of law.

(b) Every motion, except one entitled to be heard ex parte, shall indicate whether a hearing is requested on the motion. If a motion requires the consideration of facts not appearing of record, it shall be supported by a declaration or affidavit.

(c) The moving party shall serve a copy of the motion on all other parties to the proceeding and shall file an original plus thirty copies and proof of service with the authority.

(d) An opposing party shall serve a counter declaration and a memorandum in opposition to the motion and of the authorities relied upon not later than seven days after being served with any written motion, or, if the hearing on the motion will occur less than seven days after the motion is served, at least forty-eight hours before the time set for hearing, unless otherwise ordered by the presiding officer. The presiding officer may order an opposing party to file its memorandum in opposition earlier than the expiration of the seven day period. The opposing party shall file an original plus thirty copies of its counter declaration, memorandum in opposition to the motion, and proof of service with the authority.

(e) Any party who does not oppose a motion or who intends to support a motion or who desires a continuance shall notify the presiding officer, through the executive director, and opposing counsel within seven days after being served or, if the hearing on the motion will occur less than seven days after the motion is served, within forty-eight hours before the time set for hearing.

(f) Failure to serve or file a memorandum in opposition to a motion or failure to appear at the hearing may be deemed a waiver of objection to the granting or denial of the motion.

(g) Motions that do not involve the final determination of a proceeding may be heard and determined by the presiding officer.

(h) If a hearing on the motion is requested, the presiding officer shall set a date and time for hearing on the motion.

(i) If a hearing on the motion is not requested, the authority or presiding officer, if the motion does not involve the final determination of the proceeding, may decide the matter upon the pleadings, memoranda, and other documents filed with the authority.

Notes

Haw. Code R. § 15-219-32

[Eff MAR 02 2012 ] (Auth: HRS §§ 91-9, 206E-4) (Imp: HRS §§ 91-9, 206E-4)