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Rule 47 – Motions, Affidavit or Declaration, and Responses

May 11, 2021 | Criminal Procedure, Hawaii

(a) Form. An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. A motion involving a question of law shall be accompanied by a memorandum in support of the motion. If a motion requires the consideration of facts not appearing of record, it shall be supported by affidavit or declaration. Written motions, other than ex parte motions, shall be noticed as provided by Rule 2.2(d)(3)(iii) of these rules.
(b) Required notice of no opposition. A party who does not oppose or who intends to support a motion shall promptly give written notification to the court and opposing counsel.
(c) Filings in opposition. An opposing party may serve and file counter affidavits, declarations or memoranda in opposition to the motion, which shall be served and filed in accordance to Rules 45 and 49 of these rules, except as otherwise ordered by the court.
(d) 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, ____________, declare under penalty of law that the foregoing is true and correct to the best of my knowledge and belief.

Dated:

__________________

(Signature)”

Haw. R. Pen. P. 47

Amended February 4, 2000, effective July 1, 2000.