STATE COURT MOTION FOR CONTINUANCE

(Hawai‘i Circuit Court – Template)

1. CAPTION

IN THE CIRCUIT COURT OF THE [FIRST] CIRCUIT
STATE OF HAWAI‘I

[PLAINTIFF NAME],
Plaintiff,

v. Civil No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], through undersigned counsel, respectfully moves this Court for an order continuing the [trial/hearing] presently set for [CURRENT DATE] to [REQUESTED NEW DATE] or a date convenient to the Court.

This motion is made pursuant to Hawai‘i Rules of Civil Procedure Rule 40(b). Good cause exists because [describe detailed reasons—e.g., "lead counsel has an unavoidable conflicting trial", "critical expert witness will be off-island", "additional discovery is required following recent disclosures"].

Pursuant to Rules of the Circuit Courts, Rule 7, counsel certifies that on [DATE] [he/she/they] conferred with [opposing counsel] regarding this motion; [opposing counsel] [does not oppose/opposes] the requested relief.

3. MEMORANDUM OF POINTS AND AUTHORITIES

A. Legal Standard

Haw. R. Civ. P. 40(b) authorizes the Court to grant continuances for good cause shown. Hawai‘i appellate courts consider the diligence of the moving party, the reasons for the request, the length of the continuance sought, prior continuances, and potential prejudice to the opposing party. See State v. Hoang, 93 Hawai‘i 333, 336, 3 P.3d 499 (2000). Continuance requests should be supported by affidavit or declaration setting forth the facts relied upon.

B. Argument

1. Good Cause Exists. [// GUIDANCE: Provide factual support, including scheduling conflicts, witness availability, and discovery needs. Attach relevant documentation.]
2. Diligence and Prejudice Analysis. [// GUIDANCE: Explain efforts to comply with the current schedule, steps taken to mitigate delay, and why the continuance will not unduly prejudice other parties.]
3. Requested Relief is Reasonable. [// GUIDANCE: Propose revised deadlines consistent with any scheduling order issued under Haw. R. Civ. P. 16.]

4. DECLARATION OF [ATTORNEY NAME]

I, [ATTORNEY NAME], declare as follows:

1. I am counsel of record for [PARTY] in this matter.
2. The [trial/hearing] is set for [CURRENT DATE].
3. A continuance is necessary because [provide detailed facts].
4. This request is made promptly after learning of the circumstances necessitating additional time.
5. I conferred with [opposing counsel] on [DATE]; [opposing counsel] [does/does not] oppose this motion.
6. Granting the continuance will not unduly prejudice any party.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [DATE] at [CITY], Hawai‘i.

[ATTORNEY NAME]

5. [PROPOSED] ORDER

IN THE CIRCUIT COURT OF THE [FIRST] CIRCUIT
STATE OF HAWAI‘I

[PLAINTIFF NAME],
Plaintiff,

v. Civil No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

[PROPOSED] ORDER GRANTING MOTION FOR CONTINUANCE

Upon consideration of [MOVING PARTY]'s Motion for Continuance, any opposition, and the records herein, the Court finds good cause under Haw. R. Civ. P. 40(b) and ORDERS:

1. The [trial/hearing] scheduled for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. Related deadlines are amended as follows: [list revised discovery, dispositive motion, and pretrial dates].
3. The parties shall promptly notify all witnesses of the new schedule.

DATED: Honolulu, Hawai‘i, ___, 20.

Judge of the above-entitled Court

6. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a copy of the foregoing was served via the JEFS system and by [additional method, if applicable] upon:

[List recipients]

[NAME OF DECLARANT]