Haw. Code R. § 16-201-16 - Motions
(a) An application for any relief or order
shall be by motion which, unless made during a hearing, shall be made in
writing, shall state with particularity the grounds therefor, and shall set
forth the relief or order sought.
(b) Motions referring to facts not of record
shall be supported by affidavits, and if involving a question of law shall be
accompanied by a memorandum in support.
(c) If a hearing is held on the motion, the
party filing the motion shall serve a copy of the motion and notice of hearing
on the motion upon all parties not later than seventy-two hours before the
hearing and the opposing party shall file and serve any counter affidavits and
memorandum in opposition not less than twenty-four hours before the
hearing.
(d) Motions shall be filed
with the authority except that after a petition has been transferred to a
hearings officer, all motions shall be filed with and decided by the hearings
officer.
(e) Failure to comply with
the requirements of this section may be the basis for denial of any
motion.
(f) The decision on the
motion may be made orally at the time of the hearing on the motion, or in
writing, or as part of the authority's decision or the hearings officer's
recommended decision.
Notes
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