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Rule 10 – Motions

May 11, 2021 | Family Law, Hawaii

(a) Form of motions. 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 setting for hearing thereof. If a motion requires the consideration of facts not appearing of record, it shall be supported by affidavit or declaration. All written motions shall comply with the requirements of Rule 7.1 of these rules.
(b) 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: _____________________
Signature______________
(c) Motions requesting financial relief. Any motion seeking an order for or modification of financial or monetary relief of any kind, except for an award of attorney’s fees in enforcement proceedings, shall have attached, typewritten, unless otherwise permitted by the court for good cause shown, income and expense and asset and debt statements on the form provided by the court or equivalent forms, executed by the movant and duly notarized or executed under penalty of perjury. Unless otherwise ordered, any person responding to such motion shall prepare and submit to the court and the movant, no later than 48 hours prior to the hearing of such motion, unless the date of the hearing is less than 5 working days after service of said motion on the respondent, income and expense and asset and debt statements on the form provided by the court or equivalent forms, executed by such respondent and duly notarized or executed under penalty of perjury. Where the time between service and the hearing date is less than 5 working days, such statements shall be submitted not later than immediately prior to the hearing.
(d) Response to motions; effect of failure to appear. In addition to the requirements of Rule 7.1 of these rules and subsection (c) of this rule, any person responding to a motion shall file and serve his or her written response pursuant to these rules, unless ordered otherwise by the court. A party who does not oppose or who intends to support a motion, or who desires a continuance, shall give written notification to the court and opposing counsel pursuant to these rules, unless ordered otherwise by the court. Failure to appear at the hearing may be deemed a waiver of objections to the granting of the motion.
(e) Appearance and waiver. Any respondent to any motion may execute a form of appearance and waiver of notice or further notice of hearing on the motion at any time after receiving a copy of the filed motion. The appearance and waiver of notice shall be filed within a reasonable time before the date of hearing on said motion. Upon the filing of an appearance and waiver, all averments in the motion shall be deemed admitted and the hearing on the motion shall proceed without further notice to the respondent, unless further notice shall be ordered by the court. A notice of disclaimer of an appearance and waiver of notice and an answer may be filed at any time prior to the hearing on the motion.

Haw. Fam. Ct. R. 10

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.