Motion for Continuance – Hawai'i Circuit Court

MOTION FOR CONTINUANCE

Hawai'i Circuit Court

COURT INFORMATION

IN THE CIRCUIT COURT OF THE [____] CIRCUIT
(☐ First Circuit – O'ahu | ☐ Second Circuit – Maui, Moloka'i, Lāna'i | ☐ Third Circuit – Hawai'i Island | ☐ Fifth Circuit – Kaua'i, Ni'ihau)

STATE OF HAWAI'I

CASE CAPTION

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

Civil No.: [________________________________]
Assigned Judge: The Honorable [________________________________]

NOTICE OF MOTION

IMPORTANT — RCCH Rule 7(d) REQUIRED DISCLOSURE:

Current Trial Date: [__/__/____]
Previously Assigned Trial Date(s): [__/__/____]; [__/__/____]

(RCCH Rule 7(d) requires that a motion for continuance of trial include on the first page of the notice of motion the trial date assigned and any previously assigned trial dates.)

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / CONFERENCE]

Current Date of Proceeding: [__/__/____]
Time: [________________________________]
Requested New Date: [__/__/____] (or such other date as the Court may set)
Number of Prior Continuances Granted to Moving Party: [____]
Number of Prior Continuances Granted to All Parties: [____]

TO THE HONORABLE COURT AND ALL PARTIES:

PLEASE TAKE NOTICE that on [__/__/____] at [____] a.m./p.m., or as soon thereafter as counsel may be heard, [________________________________] ("Moving Party"), through undersigned counsel, will move this Court for an order continuing the [________________________________] (trial / hearing / conference) currently scheduled for [__/__/____], pursuant to Hawai'i Rules of Civil Procedure Rule 40(b) and Rules of the Circuit Courts of the State of Hawai'i Rule 7.

This Motion is supported by the accompanying Memorandum of Points and Authorities, the Declaration of [________________________________], and the records and files herein.

I. INTRODUCTION

[________________________________] ("Moving Party"), by and through undersigned counsel, respectfully moves this Honorable Court for an order continuing the [________________________________] (trial / hearing / conference) currently scheduled for [__/__/____] to [__/__/____] or to such other date as the Court deems appropriate.

Good cause exists for the requested continuance as set forth below. Pursuant to RCCH Rule 7(e), client consent to this continuance of trial has been obtained and is documented in the Declaration below.

II. CLIENT CONSENT TO CONTINUANCE (RCCH Rule 7(e))

REQUIRED FOR ALL TRIAL CONTINUANCES

RCCH Rule 7(e) provides: "A motion for continuance of any assigned trial date, whether or not stipulated to by respective counsel, shall be granted only upon a showing of good cause, which shall include a showing that the client-party has consented to the continuance."

Client consent is demonstrated by:

☐ Client-party's signature on this Motion (see signature below)
☐ Client-party's personal appearance in court (to be demonstrated at hearing)

Client Consent Statement

I, [________________________________], the [plaintiff / defendant] in the above-captioned matter, hereby consent to the continuance of the trial currently scheduled for [__/__/____]. I understand that requesting a continuance may delay the resolution of my case. I have discussed this request with my attorney and voluntarily consent to the continuance.

________________________________________
[________________________________] (Client Signature)
Print Name: [________________________________]
Date: [__/__/____]

(If the client is an entity, the authorized representative must sign.)
Title: [________________________________]

III. PROCEDURAL BACKGROUND

1. This action was filed on [__/__/____].

2. The case is assigned to the [________________________________] calendar of the [____] Circuit.

3. The current scheduling order was entered on [__/__/____] and provides the following relevant dates:

4. The [trial / hearing / conference] that is the subject of this Motion is scheduled for [__/__/____].

5. Prior continuance history:
   ☐ No prior continuances have been granted in this case.
   ☐ The following continuances have been granted:

• [__/__/____] to [__/__/____] – Reason: [________________________________]
• [__/__/____] to [__/__/____] – Reason: [________________________________]

IV. GROUNDS FOR CONTINUANCE

Moving Party seeks a continuance for the following reason(s):

☐ Counsel scheduling conflict. Undersigned counsel is scheduled to [________________________________] in [________________________________] (court / tribunal) on [__/__/____], which conflicts with the scheduled date.

☐ Unavailability of material witness. [________________________________] (witness name), a material witness, is unavailable on the scheduled date because [________________________________]. The witness will be available by [__/__/____].

☐ Witness is off-island. [________________________________] (witness name) will be off-island and unavailable during the scheduled proceeding because [________________________________].

☐ Incomplete discovery. Despite the exercise of due diligence, discovery remains incomplete because [________________________________].

☐ Recently retained counsel. Undersigned counsel was retained on [__/__/____] and requires additional time to [________________________________].

☐ Settlement negotiations. The parties are actively engaged in settlement discussions and a brief continuance would facilitate resolution.

☐ Medical or personal emergency. [________________________________] (describe without disclosing privileged details, or attach sealed medical certification).

☐ Expert witness unavailability. [________________________________] (expert name), whose testimony is essential, is unavailable because [________________________________].

☐ Pending related proceeding. A related proceeding in [________________________________] is pending and may affect this matter.

☐ Agreed / stipulated continuance. All parties have agreed to continue this proceeding. Client consent has been obtained as required by RCCH Rule 7(e). [Attach stipulation.]

☐ Other: [________________________________]

V. MEMORANDUM OF POINTS AND AUTHORITIES

A. Legal Standard

Hawai'i Rules of Civil Procedure Rule 40(b) authorizes the Court to grant continuances for good cause shown. The Hawai'i appellate courts have held that the decision to grant or deny a continuance rests within the sound discretion of the trial court. State v. Hoang, 93 Hawai'i 333, 336, 3 P.3d 499, 502 (2000).

The factors the Court considers include:

1. The diligence of the moving party;
2. The reasons for the request;
3. The length of the continuance sought;
4. Prior continuances granted;
5. Potential prejudice to the opposing party; and
6. Whether the continuance is sought to obtain evidence that is material and relevant.

See also State v. Lee, 9 Haw. App. 600, 603, 856 P.2d 1279, 1281 (1993) (applying abuse of discretion standard to review of continuance rulings).

B. Client Consent Requirement (RCCH Rule 7(e))

RCCH Rule 7(e) imposes an additional requirement for trial continuances: the motion must include "a showing that the client-party has consented to the continuance." Consent may be demonstrated by "(1) the client-party's signature on a motion for continuance or (2) by the personal appearance in court of the client-party." This requirement applies even when the continuance is stipulated to by all counsel.

C. First-Page Disclosure (RCCH Rule 7(d))

RCCH Rule 7(d) requires: "If a date has been assigned for trial of an action, a motion for continuance of the trial shall include on the first page of the notice of motion the trial date assigned and any previously assigned trial dates." This disclosure appears at the top of this Motion.

D. Application to This Case

[________________________________]

[Provide detailed argument explaining how the facts satisfy the "good cause" standard. Address each factor from State v. Hoang. Explain the movant's diligence, the nature of the need, and why the continuance will not prejudice any party. If the motion involves discovery delays, explain what diligence has been exercised.]

[________________________________]

[________________________________]

E. Consistency with Scheduling Order

The requested continuance is consistent with the scheduling order issued under HRCP Rule 16 because [________________________________]. The proposed revised schedule (set forth in the Proposed Order below) accounts for all remaining deadlines and will keep the case moving toward resolution.

VI. DECLARATION OF [ATTORNEY NAME]

I, [________________________________], declare under penalty of perjury under the laws of the State of Hawai'i as follows:

1. I am counsel of record for [________________________________] ("Moving Party") in the above-captioned action. I am admitted to practice in Hawai'i and am a member in good standing of the Hawai'i State Bar Association.

2. The [trial / hearing / conference] is currently scheduled for [__/__/____].

3. Good cause exists for a continuance because:
   [________________________________]
   [________________________________]
   [________________________________]

4. This request was made promptly upon learning of the circumstances necessitating the continuance. I first became aware of the need on [__/__/____].

5. ☐ This is the first continuance request by Moving Party.
   ☐ Moving Party has previously been granted [____] continuance(s).

6. Client Consent (RCCH Rule 7(e)): I certify that [________________________________] ("Client") has consented to this continuance request:
   ☐ Client's signature appears on this Motion (see Section II above).
   ☐ Client will appear in court to demonstrate consent.

7. Conferral with Opposing Counsel (RCCH Rule 7):
   On [__/__/____], I conferred with [________________________________], counsel for [________________________________]:
   ☐ Opposing counsel does not oppose this Motion.
   ☐ Opposing counsel opposes this Motion.
   ☐ Opposing counsel takes no position.
   ☐ I was unable to confer despite good-faith efforts because [________________________________].

8. Granting the continuance will not unduly prejudice any party.

9. This Motion is made in good faith and not for the purpose of delay.

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

Executed on [__/__/____] at [________________________________], Hawai'i.

________________________________________
[________________________________]
Hawai'i Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], HI [____]
Telephone: [________________________________]
Email: [________________________________]

VII. PROPOSED ORDER

IN THE CIRCUIT COURT OF THE [____] CIRCUIT
STATE OF HAWAI'I

[________________________________], Plaintiff(s),
v.
[________________________________], Defendant(s).

Civil No.: [________________________________]

[PROPOSED] ORDER ON MOTION FOR CONTINUANCE

Upon consideration of [________________________________]'s Motion for Continuance, any opposition thereto, and the records and files herein, and pursuant to HRCP Rule 40(b) and RCCH Rules 7(d) and 7(e), the Court finds that good cause has been shown and that the client-party has consented to the continuance.

IT IS HEREBY ORDERED that:

☐ The Motion for Continuance is GRANTED.

1. The [trial / hearing / conference] previously scheduled for [__/__/____] is hereby continued to [__/__/____] at [____] a.m./p.m.

2. The Scheduling Order is amended as follows:

3. The parties shall promptly notify all witnesses of the revised schedule.

4. No further continuances will be granted absent extraordinary circumstances.

☐ The Motion for Continuance is DENIED.

DATED: Honolulu, Hawai'i, [__/__/____].

________________________________________
The Honorable [________________________________]
Judge of the Circuit Court of the [____] Circuit
State of Hawai'i

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR CONTINUANCE, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION, and [PROPOSED] ORDER was served upon the following parties via the method(s) indicated:

☐ Judiciary Electronic Filing System (JEFS)
☐ Electronic Mail
☐ United States Mail, postage prepaid
☐ Hand Delivery
☐ Facsimile

________________________________________
[________________________________]
Date: [__/__/____]

PRACTICE NOTES AND FILING GUIDANCE

1. First-Page Trial Date Disclosure. RCCH Rule 7(d) is strictly enforced. The current trial date and all previously assigned trial dates must appear on the first page of the notice of motion. Failure to include this information may result in the motion being stricken or denied.

2. Client Consent is Mandatory for Trial Continuances. RCCH Rule 7(e) requires the client-party's consent for any trial continuance, whether or not counsel have stipulated. Consent must be shown by the client's signature on the motion or by the client's personal appearance in court. An attorney's representation that the client consents is not sufficient.

3. JEFS Filing. All documents in Hawai'i Circuit Court civil cases must be filed electronically through JEFS. Ensure the correct document type is selected. The motion, memorandum, declaration, and proposed order should be filed as separate documents or as directed by the circuit's JEFS procedures.

4. Conferral Requirement. RCCH Rule 7 requires that the moving party confer with opposing counsel before filing a motion. The motion must state whether the opposing party opposes or does not oppose the request.

5. Hearing Requirement. Non-hearing motions are governed by RCCH Rule 7(c). Check whether your circuit permits motions for continuance to be decided without a hearing.

6. Multiple Prior Continuances. Courts scrutinize continuance requests more carefully when prior continuances have been granted. If this is a second or subsequent request, provide a strong showing of good cause and explain why the prior continuance did not resolve the issue.

7. Scheduling Order Compliance. Reference the HRCP Rule 16 scheduling order and propose specific revised dates in the proposed order. Courts prefer concrete proposals over open-ended requests.

8. Off-Island Witnesses. Hawai'i's geographic isolation is a recognized factor in continuance requests. If a key witness is off-island, provide specific details about when they will return and why their testimony cannot be taken by deposition.

SOURCES AND REFERENCES

• Hawai'i Rules of Civil Procedure (HRCP), Rule 40 – Assignment of Cases for Trial; Continuances: https://www.courts.state.hi.us/wp-content/uploads/2024/09/hrcp_ada.pdf
• Rules of the Circuit Courts of the State of Hawai'i (RCCH), Rule 7 – Motions: https://www.courts.state.hi.us/wp-content/uploads/2025/01/rcch.htm
• State v. Hoang, 93 Hawai'i 333, 3 P.3d 499 (2000)
• State v. Lee, 9 Haw. App. 600, 856 P.2d 1279 (1993)
• Hawai'i Electronic Filing and Service Rules (HEFSR): https://www.courts.state.hi.us
• HRS § 604-7.5 – Continuance of Hearing or Trial: https://law.justia.com/codes/hawaii/title-32/chapter-604/section-604-7-5/