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

[________________________________],         )
     Plaintiff(s),                           )  CIVIL NO. [________________]
                                             )  (Other Civil Action)
vs.                                          )
                                             )  JUDGE: HON. [______________]
[________________________________],         )
     Defendant(s).                           )
                                             )

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. CERTIFICATE OF CONSULTATION (RCCH RULE 7.2)

Pursuant to Rule 7.2 of the Rules of the Circuit Courts of the State of Hawai'i (RCCH), undersigned counsel hereby certifies 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: Under RCCH Rule 7.2, the certificate of consultation must be included with the motion filing. Failure to include the certificate may result in the motion being denied or stricken.

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: Hawai'i courts favor adjudication on the merits and interpret procedural rules to avoid undue forfeiture. See Bacon v. Karlin, 68 Haw. 648, 727 P.2d 1127 (1986).

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." The Hawai'i Supreme Court has held that excusable neglect is evaluated under a totality-of-the-circumstances test, considering: (1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on judicial proceedings; (3) the reason for the delay, including whether it was within the reasonable control of the movant; and (4) whether the movant acted in good faith. See Pogia v. Ramos, 77 Haw. 282, 884 P.2d 374 (Haw. Ct. App. 1994).

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

[________________________________],         )
     Plaintiff(s),                           )  CIVIL NO. [________________]
                                             )
vs.                                          )
                                             )
[________________________________],         )
     Defendant(s).                           )

         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: Hawai'i courts strongly favor adjudication on the merits. Bacon v. Karlin, 68 Haw. 648 (1986).

B. RCCH Rule 7.2 — Certificate of Consultation Requirement

• All motions filed in circuit court must include a certificate of consultation stating whether the movant conferred with the opposing party and the opposing party's position.
• This requirement applies to motions for extension of time.
• Failure to include the certificate of consultation may result in the motion being stricken or denied.

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

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

D. Motion Notice and Hearing Requirements

• Under HRCP Rule 6(d), written motions and notice of hearing must be served at least the number of days before the hearing as may be specified in the applicable rule.
• Under RCCH, motions in the First Circuit generally must be filed at least 18 days before the hearing date (non-hearing motions may have different requirements per the 2022 civil rules amendments).
• A motion to shorten time for hearing may be filed under RCCH Rule 7.2 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. 2022 Civil Rules Amendments

Effective January 1, 2022, Hawai'i implemented significant amendments to the Rules of the Circuit Courts (RCCH) regarding civil motions, including new categories of "non-hearing motions" that may be decided without oral argument. Practitioners should verify whether their motion for extension of time qualifies as a non-hearing motion in the applicable circuit.

Sources and References

• Hawai'i Rules of Civil Procedure — 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 — Hawai'i State Judiciary
• Bacon v. Karlin, 68 Haw. 648, 727 P.2d 1127 (1986) — Justia
• Pogia v. Ramos, 77 Haw. 282, 884 P.2d 374 (Haw. Ct. App. 1994) — Justia
• New Civil Rules for Circuit Courts (effective January 1, 2022) — HSBA
• JEFS User Guide (First Circuit) — Hawai'i State Judiciary