Haw. Code R. § 16-601-41 - Motions

(a) All motions, except when made during a hearing, 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 an affidavit or affidavits. Motions shall be served in accordance with section 16-601-21.

(c) An opposing party may serve and file counter affidavits and a written statement of reasons in opposition to the motion and of the authorities relied upon not later than five days after being served the motion, or, if the hearing on the motion will occur less than five days after the motion is served, at least forty-eight hours before the time set for hearing, unless otherwise ordered by the chairperson.

(d) A party who does not oppose a motion or who intends to support a motion or who desires a continuance shall notify the commission and the opposing attorneys within five days after being served or, if the hearing on the motion will occur less than five days after the motion is served, within forty-eight hours before the time set for hearing. Failure to appear at the hearing may be deemed a waiver of objections to the granting of the motion.

(e) Motions that do not involve the final determination of a proceeding may be heard and determined by the chairperson or a commissioner.

(f) If a hearing is requested, the movant shall obtain a date and time for hearing on the motion from the chief clerk.

(g) If a hearing on the motion is not requested, the commission may decide the matter upon the pleadings, memoranda, and other documents filed.

Notes

Haw. Code R. § 16-601-41

[Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 269-6, 271-31, 271G-23)