Hawaii Circuit Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF HAWAI'I — CIRCUIT COURT

1. CAPTION

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAI'I

Note: Hawai'i has four circuit courts: First Circuit (O'ahu), Second Circuit (Maui, Moloka'i, Lana'i), Third Circuit (Hawai'i Island), and Fifth Circuit (Kaua'i and Ni'ihau). There is no Fourth Circuit.

2. TITLE OF MOTION

[PLAINTIFF'S/DEFENDANT'S] MOTION FOR EXTENSION OF TIME TO [________________________________]

3. STATEMENT REGARDING OPPOSING PARTY'S POSITION

Undersigned counsel states that on [__/__/____], counsel [☐ personally conferred / ☐ made a good faith effort to confer] with [________________________________], counsel for [________________________________], regarding the relief sought in this Motion.

The opposing party's position is as follows:
☐ Opposing counsel consents to the requested extension.
☐ Opposing counsel does not oppose the requested extension.
☐ Opposing counsel objects to the requested extension.
☐ Opposing counsel has not responded despite reasonable efforts to confer.
☐ The opposing party is self-represented, and Movant communicated with them on [__/__/____].

Note: The Hawai'i Rules of Civil Procedure and the Rules of the Circuit Courts of the State of Hawai'i (RCCH) do not require a separate "certificate of consultation" for a motion for extension of time. However, stating whether the motion is opposed is standard practice, and confirming that the motion is unopposed may support treatment of the motion as a non-hearing motion decided on written submissions under RCCH Rule 7.2(b)-(c). Practitioners should confirm the assigned judge's individual procedures, since some judges' individual rules request this information as a courtesy.

4. INTRODUCTION

[________________________________] (hereinafter "Movant"), by and through undersigned counsel, and pursuant to Rule 6(b) of the Hawai'i Rules of Civil Procedure ("HRCP"), respectfully moves this Honorable Court for an Order extending the time within which to [________________________________]. In support of this Motion, Movant states as follows:

5. CASE INFORMATION

6. IDENTIFICATION OF DEADLINE

1. On [__/__/____], this Court entered [☐ a Scheduling Order / ☐ a Trial Setting Order / ☐ a Minute Order / ☐ an Order / ☐ other: ________________________________] establishing a deadline of [__/__/____] for [________________________________].

2. The deadline arises under [☐ HRCP Rule [____] / ☐ RCCH Rule [____] / ☐ Court Order dated [__/__/____] / ☐ Statute: HRS § [________________________________] / ☐ other: ________________________________].

3. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

7. LEGAL STANDARD — HRCP RULE 6(b)

Hawai'i Rules of Civil Procedure Rule 6(b) provides:

When by these rules or by a notice given thereunder or by order of court 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 where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), (d) and (e) and 60(b) of these rules and Rule 4(a) of the Hawai'i Rules of Appellate Procedure, except to the extent and under the conditions stated in them.

Key Principles:

• Pre-Deadline Motions: Upon a showing of "cause," the Court may enlarge the period with or without motion or notice before the deadline expires.
• Post-Deadline Motions: After expiration, the movant must demonstrate that the failure to act was the result of "excusable neglect."
• Non-Extendable Deadlines: The Court may not extend time for actions under HRCP Rules 50(b), 52(b), 59(b), (d) and (e), 60(b), and HRAP Rule 4(a).
• Liberal Construction: The Hawai'i Rules of Civil Procedure, including Rule 6(b), "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action." Haw. R. Civ. P. 1(a).

8. GROUNDS FOR EXTENSION

Movant seeks this extension based on the following grounds (check all that apply):

☐ Volume and complexity of discovery materials requiring additional review
☐ Recently produced documents or supplemental disclosures necessitating analysis
☐ Unavailability of key witness(es) for deposition or consultation
☐ Scheduling conflicts with counsel's existing trial or hearing calendar
☐ Illness or medical emergency of party, counsel, or key witness
☐ Retention of expert witness and need for adequate time for expert analysis
☐ Ongoing settlement negotiations that may resolve part or all of the case
☐ Need for additional time to complete investigation or factual development
☐ Complexity of legal issues requiring additional research and briefing
☐ Change in counsel requiring reasonable transition period
☐ Third-party subpoena responses still outstanding
☐ Court-ordered mediation or ADR proceedings pending or recently concluded
☐ Inter-island logistics or travel requirements affecting case preparation
☐ Other: [________________________________]

9. STATEMENT OF FACTS AND GOOD CAUSE

A. Factual Background

1. This action was commenced on [__/__/____] and involves claims for [________________________________].

2. On [__/__/____], the Court entered [________________________________] establishing the deadline of [__/__/____] for [________________________________].

3. Since the deadline was established, the following has occurred:
   [________________________________]
   (Provide detailed factual narrative explaining the specific circumstances necessitating the extension. Include dates, actions taken, and the events giving rise to the need for additional time.)

4. [________________________________]
   (Continue with additional facts as needed.)

B. Good Cause Demonstration (Pre-Deadline Motion)

Under HRCP Rule 6(b)(1), the Court may enlarge the time period when the request is made before the original deadline expires and cause is shown. Movant demonstrates cause as follows:

[________________________________]
(Explain why the specific circumstances constitute cause for the extension. Hawai'i courts consider the reasonableness of the request, the complexity of the case, and whether the extension serves the interests of justice.)

C. Excusable Neglect (Post-Deadline Motion — if applicable)

☐ This section applies because the deadline has already passed.

Under HRCP Rule 6(b)(2), after the expiration of a deadline, the Court may permit the act to be done where the failure to act was the result of "excusable neglect." Hawai'i's Intermediate Court of Appeals has held that, to establish excusable neglect, the movant must make some showing of why the party was justified in failing to timely act or to obtain an extension of time. See Pogia v. Ramos, 10 Haw. App. 411, 415, 876 P.2d 1342, 1345 (1994). In applying this standard, courts generally consider the totality of the circumstances, including the reason for the delay and whether it was within the movant's reasonable control, the length of the delay, any resulting prejudice to the opposing party, and whether the movant acted in good faith.

The failure to act was the result of excusable neglect because:

[________________________________]

10. DILIGENCE OF MOVANT

Movant has exercised reasonable diligence in attempting to comply with the current deadline, as demonstrated by the following actions:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

Despite these efforts, Movant is unable to meet the current deadline due to [________________________________].

11. ABSENCE OF PREJUDICE TO OPPOSING PARTY

The requested extension will not cause undue prejudice to [________________________________] (opposing party) because:

1. The extension requested is [____] days, which is modest relative to the overall litigation timeline.
2. The trial date of [__/__/____] [☐ will not be affected / ☐ has not yet been set / ☐ may require adjustment].
3. All other scheduling order deadlines [☐ remain unaffected / ☐ will require corresponding adjustments as set forth in the proposed order].
4. The opposing party will not suffer loss of evidence, witnesses, or strategic advantage.
5. [________________________________]

12. PRIOR EXTENSIONS

☐ No prior extensions have been requested or granted in this matter.

☐ The following prior extensions have been requested and/or granted:

The current request is distinguishable from prior extensions because [________________________________].

13. PROPOSED NEW DEADLINE AND SCHEDULING IMPACT

Movant respectfully requests that the Court extend the deadline as follows:

Impact on Other Deadlines:

☐ No other deadlines are affected by this extension.
☐ The following related deadlines should be correspondingly adjusted:

14. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Honorable Court:

1. Grant this Motion for Extension of Time;
2. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];
3. Adjust any dependent deadlines as set forth in the proposed order; and
4. Grant such other and further relief as the Court deems just and equitable.

15. ATTORNEY SIGNATURE BLOCK

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

[________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City], Hawai'i [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________
    [Attorney Name]
    Hawai'i Bar No. [________________________________]
    Attorney for [Plaintiff/Defendant]
    [________________________________]

16. DECLARATION OF COUNSEL IN SUPPORT OF MOTION

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

1. I am an attorney licensed to practice law in the State of Hawai'i, Bar No. [________________________________], and am counsel of record for [________________________________] in this action.

2. The current deadline of [__/__/____] for [________________________________] was established by [________________________________].

3. The extension is necessary because [________________________________].

4. I have exercised diligence in attempting to comply with the deadline by [________________________________].

5. On [__/__/____], I conferred with opposing counsel regarding this Motion, and opposing counsel [☐ consents / ☐ does not oppose / ☐ objects / ☐ did not respond].

6. [Additional facts supporting the motion: ________________________________]

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

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

________________________________
[Attorney Name]

17. PROPOSED ORDER

IN THE CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT
STATE OF HAWAI'I

CIVIL NO. [________________]

ORDER GRANTING MOTION FOR EXTENSION OF TIME

The Court, having considered Movant's Motion for Extension of Time, any opposition thereto, and the record herein, and good cause appearing therefor, hereby ORDERS:

1. The Motion for Extension of Time filed by [________________] is GRANTED.

2. The deadline for [________________________________] is hereby extended from [__/__/____] to [__/__/____].

3. [The following related deadlines are adjusted:
   a. [________________________________]: extended to [__/__/____]
   b. [________________________________]: extended to [__/__/____]]

4. All other deadlines and orders remain in full force and effect unless otherwise ordered.

5. [Additional conditions, if any: ________________________________]

DATED: [________________________________], Hawai'i, ______________, 20___.

________________________________
Judge of the Above-Entitled Court

18. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Motion for Extension of Time, Declaration of Counsel, and Proposed Order upon all counsel of record and/or parties through the Judiciary Electronic Filing and Service System (JEFS) pursuant to HRCP Rule 5(b) and the Hawai'i Electronic Filing and Service Rules (HEFSR).

Service was additionally made by the following method(s) upon the following parties:

________________________________
[Attorney Name]
Hawai'i Bar No. [________________________________]

19. PRACTICE NOTES FOR HAWAI'I PRACTITIONERS

A. Key Provisions of HRCP Rule 6(b)

• Pre-Deadline Motions: The Court may enlarge the time with or without motion or notice before the original deadline. A showing of "cause" is required.
• Post-Deadline Motions: After expiration, the movant must demonstrate the failure to act was the result of "excusable neglect."
• Non-Extendable Deadlines: The Court may not extend time for actions under HRCP Rules 50(b), 52(b), 59(b), (d) and (e), 60(b), and HRAP Rule 4(a).
• Liberal Construction: The HRCP are to "be construed and administered to secure the just, speedy, and inexpensive determination of every action." Haw. R. Civ. P. 1(a).

B. RCCH Rule 7.2 — Hearing and Non-Hearing Motion Practice

• RCCH Rule 7.2 (Civil Motions Practice) governs whether a motion is designated as a hearing motion or a non-hearing motion, the form of motions, and the handling of discovery motions and ex parte motions; it does not impose a separate "certificate of consultation" requirement.
• Stating the opposing party's position (e.g., unopposed, opposed, no response) is standard, recommended practice — not a mandatory certificate under RCCH Rule 7.2 — and can help support a request that the motion be treated as a non-hearing motion decided on the papers under RCCH Rule 7.2(b)-(c).
• Confirm the assigned judge's individual procedures, as some judges request specific information about conferral as a matter of practice.

C. Computation of Time Under HRCP Rule 6(a)

• When the period is less than 7 days, intermediate Saturdays, Sundays, and holidays are excluded from computation.
• The day of the triggering event is excluded; the last day of the period is included unless it falls on a Saturday, Sunday, or holiday.
• Hawai'i state holidays (HRS § 8-1) include Prince Kuhio Day (March 26), King Kamehameha I Day (June 11), and Statehood Day (third Friday in August).

D. Motion Notice and Hearing Requirements

• Under HRCP Rule 6(d) and RCCH Rule 7(c), a hearing motion generally must be filed and served not less than 18 days before the date set for the hearing, unless a different period is fixed by rule or court order. This 18-day requirement applies statewide, not only in the First Circuit.
• Non-hearing motions are decided on written submissions under RCCH Rule 7.2(b)-(c) and follow separate response/reply deadlines rather than the 18-day hearing-notice period.
• A motion to shorten time for, advance, or reschedule a hearing may be filed under RCCH Rule 7.2(g)(5) if the standard notice period cannot be met.

E. Hawai'i Circuit Courts

F. Electronic Filing (JEFS)

• The Judiciary Electronic Filing and Service System (JEFS) is the mandatory electronic filing system for Hawai'i circuit courts.
• All registered JEFS Users receive automatic electronic service of filed documents.
• Non-JEFS Users (including most self-represented parties) must be served by conventional means under HRCP Rule 5(b).
• Filing through JEFS is governed by the Hawai'i Electronic Filing and Service Rules (HEFSR).

G. Non-Hearing Motion Practice Under RCCH Rule 7.2

RCCH Rule 7.2, which created the "non-hearing motion" category allowing certain civil motions to be decided on written submissions without oral argument, was added effective January 1, 2012, and has since been amended (most recently effective October 28, 2019). Practitioners should verify whether their motion for extension of time qualifies as, or should be requested as, a non-hearing motion in the applicable circuit, and should confirm current requirements against the official RCCH text, since court rules are periodically amended.

Sources and References

• Hawai'i Rules of Civil Procedure — Hawai'i State Judiciary
• Order Amending Rule 6 of the Hawai'i Rules of Civil Procedure (filed May 21, 2026, effective July 1, 2026) — Hawai'i State Judiciary
• Rules of the Circuit Courts of the State of Hawai'i (RCCH) — Hawai'i State Judiciary
• Hawai'i Electronic Filing and Service Rules (HEFSR) — Hawai'i State Judiciary
• Hawai'i Revised Statutes § 8-1 (Holidays designated) — Hawai'i State Legislature
• Pogia v. Ramos, 10 Haw. App. 411, 876 P.2d 1342 (1994) — Justia
• JEFS User Guide (First Circuit) — Hawai'i State Judiciary