Hawaii Motion for Continuance
Hawaii circuit and family courts move a trial date only for good cause, including client consent.
Find out where you stand in Hawaii
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Introduction
Hawaii circuit and family courts grant a trial continuance only on good cause, including client-party consent (RCCH 7(e); HFCR 40(c)). In circuit court, give the court and opposing counsel immediate written notice (RCCH 7(c)).
Key Things to Know
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Until the court grants your motion, the hearing or trial date stands, so attend. Filing a motion, or the other side's agreement, does not move the date.
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Hawaii calls this a continuance. The circuit court rule is RCCH Rule 7(d)-(e), and the family court rule is HFCR Rule 40(b)-(c). HRCP Rule 40 has no continuance provision.
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The standard: a motion for continuance of an assigned trial date, whether or not stipulated to by counsel, is granted only upon a showing of good cause, which includes a showing that the client-party has consented. No ground is guaranteed to succeed.
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Consent may be shown by the client-party's signature on the motion or by the client-party's personal appearance in court. In family court, consent is not required if the client-party is a government agency (HFCR 40(c)).
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The motion is in writing, and the first page of the notice of motion must state the assigned trial date and any previously assigned trial dates (RCCH 7(d); HFCR 40(b)). The rules list no specific grounds, so explain your reason plainly.
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A party who wants a continuance must give immediate written notice to the court and opposing counsel (RCCH 7(c)). The general circuit court motion rule, which is not specific to continuances, is filing and service at least 18 days before the hearing, with opposition at 8 days and reply at 3 days (RCCH 7(a)-(b)).
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District Court has statewide Form DC11 (Non-Hearing Motion for Continuance) and DC12 (Stipulation for Continuance, with a judge approval block). This page does not state a small claims or eviction continuance rule; ask that court's clerk.
Key decisions before you file
Before you file a Motion for Continuance in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
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Hawaii Requirements for Motion for Continuance
Good Cause Standard
A motion for continuance of an assigned trial date, whether or not stipulated to by counsel, is granted only upon a showing of good cause (RCCH Rule 7(e); HFCR Rule 40(c)).
Client-Party Consent
Good cause must include a showing that the client-party consented, by signature on the motion or personal appearance in court. Government-agency client-parties are exempt in family court (HFCR 40(c)).
Trial Dates on First Page
The first page of the notice of motion must state the trial date assigned and any previously assigned trial dates (RCCH Rule 7(d); HFCR Rule 40(b)).
Immediate Written Notice
A party who desires a continuance must give immediate written notice to the court and opposing counsel (RCCH Rule 7(c)).
General Circuit Court Motion Timing
RCCH Rule 7(a)-(b), the general circuit court motion rule, is not specific to continuances: a motion is filed and served at least 18 days before the hearing, opposition at least 8 days, and reply at least 3 days before.
Stipulation Needs Court Approval
A stipulation does not by itself suffice for a trial date. District Court Form DC12 includes a judge APPROVED or DENIED block.
Family Court Continuance Rule
HFCR Rule 40(b)-(c) mirrors the circuit rule: first-page trial-date disclosure, good cause, and client-party consent.
District Court Form DC11
District Court has statewide Form DC11 (Non-Hearing Motion for Continuance). Get the current version from the clerk and follow its instructions, including any deadline for the other side to respond.