More Categories

Rule 94 – Setting Contested Matters for Trial

May 11, 2021 | Family Law, Hawaii

(a) Motion to set. Upon the filing of an answer or upon the personal appearance of an adverse party or an adverse party’s attorney, either party may at any time file a motion to set the case for trial. Such a motion shall be filed no later than 9 months after a complaint has been filed or within any further period of extension granted by the court upon motion or stipulation of the parties. Such a motion shall contain the following information:

(1) the movant’s declaration that a bona-fide attempt to settle the issues in said case has been made, that mediation has been attempted or is inappropriate for reasons specified in said motion, and that these efforts have been unsuccessful;
(2) and that all necessary or proper preliminary proceedings, including all discovery allowed by statute or rule and desired by movant have been completed by the movant, or that there is sufficient time to complete the same before trial, that the other party has had a reasonable opportunity to complete all preliminary proceedings including discovery, and that the case is otherwise ready for trial.

Such a motion shall attach the following information:

(1) the movant’s current income and expense and asset and debt statements,
(2) a written statement containing a statement of facts, a description of the movant’s position on all of the issues, and the factual and legal bases of the movant’s positions; and
(3) such other documents as may be required by the court.
(b) Response to Motion to Set. Respondent shall file and serve a response to the Motion to Set no later than 30 days after receipt of the Motion to Set or if the Motion to Set conference is scheduled within 30 days of service, then a response to the Motion to Set shall be filed no later than 14 days after receipt of the Motion to Set. The response shall include the same information and attachments as the Motion to Set itself.
(c) Motion to Set conference. Upon the filing of the Motion to Set, the court shall schedule a conference to determine whether to set the case for trial and the pretrial deadlines associated with any trial setting. The conference shall be attended by each party and their counsel, if any. The court shall:

(1) Assign a trial date, if appropriate;
(2) Continue the conference to a future date, if appropriate; and
(3) Discuss and require alternative dispute resolution options, if appropriate.

At the conference the court may also set deadlines for the completion of discovery, the submission of exhibits, exhibit lists, and witness lists, and may schedule a pre-trial conference, settlement conferences, and calendar calls to consider all matters as may aid in the disposition of the action.

(d) Third party practice. If a third party is joined in the action after the filing and service of the Motion to Set, the court shall set appropriate deadlines for the filing and service of position statements by all the parties, including the third party. All parties asserting affirmative claims against the third party shall file and serve (in accordance with Rule 5 of these rules) a position statement against the additional party in accordance with the deadline set by the court. The position statement shall set forth the same kind of information as required by subsection (a) of this Rule. The third party shall file and serve (in accordance with Rule 5 of these rules) a responsive position statement that sets forth the same kind of information required by subsection (b) of this Rule within the time period set by the court.
(e) Deviation in time for filing. Deviations from the time requirements for the filing of any document under this Rule shall be allowed only by order of the court upon good cause shown.
(f) Sanctions; non-appearance; failure to comply. If a party (whether represented by an attorney or not), or an attorney fails to appear at any conference set by the court, or unjustifiably fails to comply with any requirements enunciated in this Rule, sanctions may be imposed pursuant to Rules 37(b) and 89 of these rules.

Haw. Fam. Ct. R. 94

Amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.