(a) In the circuit court.
(1) Preparation of findings of fact, conclusions of law and order. Unless otherwise ordered by the court, within 10 days after decision or ruling of the court following a hearing on a motion, the prevailing party shall prepare and deliver to the parties the findings of fact, conclusions of law and order, in accordance with the decision or ruling. (2) Securing approval from opposing party. The party preparing the findings, conclusions and order shall attempt to secure approval as to form from the opposing party. Upon approval, which shall be made not later than 5 days after delivery, the document shall be returned to the originating party who shall promptly deliver it to the court. If the document is not approved as to form within 5 days after delivery, the originating party shall promptly deliver the proposed findings, conclusions and order to the court along with certificate of service to all parties.(3) Objection as to form. If any party objects to the form of the document prepared, that party, within 5 days of delivery, or other such time as authorized by the court, shall serve upon the party who prepared the document and deliver to the court a statement of that party’s objections and the reasons therefore or proposed findings, conclusions and order. Failure to file and serve objections or proposed findings, conclusions, or order shall constitute approval as to form of the document prepared.(4) Settlement. The court shall timely settle the objections, if any, and issue the findings of fact, conclusions of law, and order as it deems proper.(5) No effect on right to appeal. Approval as to form shall not affect the right of any party to appeal from the decision or ruling of the court and shall not be deemed as a waiver of disputed findings or conclusions.(6) Entry. The filing of the findings of fact, conclusions of law and order in the office of the clerk shall constitute entry of the order.(b) In the District Court.
(1) After the decision or ruling of the court following a hearing on a motion, the clerk shall note the decision or ruling on the docket. The filing of the written decision or ruling, or in the event of an oral decision or ruling, the filing of the written notice of entry of the decision or ruling, in the office of the clerk constitutes entry of the order. The decision or ruling or notice of entry shall be signed by the judge or by the clerk, if the judge so directs, provided that for purposes of this rule, an oral order granting an oral motion is entered when the court’s oral order is entered by the clerk on the electronic docket..(2) Where the court orders preparation of findings of fact, conclusions of law and order, the findings, conclusions and order shall be prepared and settled as provided for in subsection (a) of this rule. The filing of the findings, conclusions and order in the office of the clerk shall constitute entry of the order.
Haw. R. Pen. P. 44A
Added February 4, 2000, effective July 1, 2000; further amended May 7, 2004, effective July 1, 2004; further amended June 2, 2005, effective July 1, 2005; amended April 20, 2011, effective July 1, 2011.
