HI · rules
Haw. Fam. Ct. R. 6
TIME
(a) Computation. In computing any period of time prescribed or allowed by these Rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. As used in these rules, "holiday" shall mean any day designated as such pursuant to section 8-1 of the Hawaiʻi Revised Statutes.
(b) Enlargement. 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 may in its discretion
(1) with or without motion or notice order, upon showing of good cause, 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 52(b), 59(b), (d) and (e) and 60(b) of these Rules and Rule 4(a) of the Hawaiʻi Rules of Appellate Procedure, except to the extent and under the conditions stated in them.
(c) Reserved.
(d) For motions; affidavits or declarations. A written motion, other than a motion pursuant to Rules 56 and 59 of these Rules, and one which may be heard ex parte, and notice of the hearing thereof, shall be served not later than 48 hours before the time specified for hearing, provided that whenever a motion which seeks relief pendente lite is served on the adverse party by mail in a circuit other than where the motion is filed, such service shall be made not later than 5 days before the time specified for the hearing, unless a different period is fixed by these Rules or by order of the court, and provided further that whenever the motion is served upon the adverse party outside of the State, such service shall be made not later than 20 days before the time specified for hearing, unless different period is fixed by these Rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by an attached affidavit or declaration, the affidavit or declaration shall be served concurrently with the motion. A response shall be served not later than the day preceding the hearing, unless the court permits it to be served at some other time.
(e) Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party and the notice or document is served upon the party by mail, 2 days shall be added to the prescribed period.
(f) Filing deadlines. Documents which are electronically filed through JEFS or JIMS shall be deemed timely filed if they are filed before midnight on the date the document is due, unless there is a specific legal requirement for an earlier deadline or if the presiding judge prescribes a specific filing deadline in a particular case.
(Amended March 30, 2022, effective April 25, 2022; further amended May 21, 2026, effective July 1, 2026.)
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-08-2026-07-01
- Content hash
fe598e10fb4aff9beefa3ef493549fa267c21e9ea4dc7b804563e39d382ff82e
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