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Rule 45 – Time

May 11, 2021 | Criminal Procedure, Hawaii

(a)Computation. In computing any period of time, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a holiday. When a period of time prescribed or allowed is less than 10 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. Computation of the period set forth in Rule 5(a) shall be based on the actual time elapsed without regard to the exceptions set forth in this rule. As used in these rules, “holiday” includes any day designated as such pursuant to Section 8-1 of Hawai’i Revised Statutes.
(b)Enlargement. When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done if the failure to act was the result of excusable neglect; but the court may not extend the time for taking any action under Rules 29, 33, 34 and 35 of these rules and Rule 4(b) of the Hawai’i Rules of Appellate Procedure, except to the extent and under the conditions stated in them.
(c)For motions; affidavits or declarations. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 48 hours before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit or declaration, the affidavit or declaration shall be served with the motion; and opposing affidavits or declarations may be served not less than 1 day before the hearing unless the court permits them to be served at a later time.

Where a written motion is filed 14 or more days before the time specified for the hearing, all opposing memoranda, together with affidavits or declarations, if any, must be served not less than 72 hours before the hearing unless the court permits them to be served at a later time. All memoranda replying to the opposing memoranda shall be served not later than 24 hours before the hearing unless the court permits them to be served at a later time.

(d)Additional time after service by mail. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other document upon the party, and the notice or other document is served upon the party by mail, 2 days shall be added to the prescribed period.

Haw. R. Pen. P. 45

Amended January 6, 1982, effective January 6, 1982; further amended April 23, 1985, effective April 23, 1985; further amended November 22, 1994, effective December 5, 1994; further amended February 4, 2000, effective July 1, 2000; further amended November 17, 2000, effective January 1, 2001; further amended May 7, 2012, effective June 18, 2012.