I was served with a Hawaii summary judgment motion. When is my opposition due?

Not less than 8 calendar days before the hearing date, counted backward from the hearing rather than forward from when you were served. Your opposition should include an opposing memorandum and any counter-affidavits (Haw. R. Civ. P. 56(c)).

Has Hawaii's summary judgment rule been amended recently?

No. Haw. R. Civ. P. 56(c) has not been amended since December 7, 1999, effective January 1, 2000, and still uses the older no genuine issue as to any material fact language rather than the federal genuine dispute wording some states have adopted, though Hawaii case law applies Celotex-style burden-shifting.

What papers must accompany a Hawaii summary judgment motion?

The motion with its notice of hearing, a memorandum in support, and any affidavits or declarations the motion depends on. Hawaii has no rule requiring a separate statement of undisputed material facts the way some other states do (Haw. R. Civ. P. 56(a)-(b), (e); RCCH Rule 7(a)).

Is a Hawaii summary judgment motion the same as a motion to dismiss or a request to set aside a default?

No. A motion to dismiss and a motion to set aside a default are separate procedures with their own timing rules. This page also covers Hawaii state trial court practice only, not summary judgment motions filed in federal court.

Hawaii Motion for Summary Judgment

Q: How much notice must a Hawaii summary judgment motion give before the hearing?

At least 18 calendar days before the date set for the hearing, computed under HRCP 6(a): the day of the triggering act is excluded, the last day is included, and because 18 days is 7 or more, intermediate weekends and holidays are not excluded from the count (Haw. R. Civ. P. 56(c)).

Q: When is the reply due on a Hawaii summary judgment motion?

Not less than 3 days before the hearing date. Because this period is less than 7 days, HRCP 6(a) excludes intervening Saturdays, Sundays, and holidays from the count, unlike the 18-day and 8-day periods, which count every day (Haw. R. Civ. P. 56(c)).

Q: Is there a deadline for when a Hawaii summary judgment motion can be filed?

Yes. A party seeking recovery may move any time after 20 days from the commencement of the action, or immediately after the adverse party serves its own summary judgment motion, whichever is earlier; a defending party has no 20-day trigger and may move right away. Either motion must be served and filed no less than 50 days before the trial date absent the court's permission for good cause (Haw. R. Civ. P. 56(a), (b)).

Q: Can I get partial summary judgment in Hawaii?

Yes, through the same Rule 56 motion. If judgment is not rendered on the whole case, Rule 56(d) directs the court to identify by order which material facts are established without substantial controversy and which remain disputed, narrowing what remains for trial (Haw. R. Civ. P. 56(d)).

Hawaii requires 18 calendar days' notice before the hearing, with the opposition due at least 8 calendar days before the hearing and the reply due at least 3 days before the hearing, excluding intervening weekends and holidays, all counted backward from the hearing date under Hawaii Rules of Civil Procedure Rule 56(c).

Find out where you stand in Hawaii

Which side of the motion are you on?

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Introduction

In Hawaii, a motion for summary judgment must be filed and served not less than 18 calendar days before the date set for the hearing, computed under HRCP 6(a): the day of the triggering act is excluded, the last day is included, and because 18 days is 7 or more, intermediate weekends and holidays are not excluded from the count (Haw. R. Civ. P. 56(c); RCCH Rule 7(a), 7.2(b)). The adverse party's opposing memorandum and any counter-affidavits are due not less than 8 calendar days before the hearing date, and the moving party's reply or reply affidavit is due not less than 3 days before the hearing date. Because the 3-day reply period is less than 7 days, HRCP 6(a) excludes intervening Saturdays, Sundays, and holidays from that count, while the 18-day and 8-day periods count every day (Haw. R. Civ. P. 56(c)). Both deadlines run backward from the hearing date rather than forward from service. A party seeking recovery may move any time after 20 days from the commencement of the action, or immediately after the adverse party serves its own summary judgment motion, whichever is earlier; a defending party has no 20-day trigger and may move right away. Either motion must be served and filed no less than 50 days before the trial date absent the court's permission for good cause (Haw. R. Civ. P. 56(a), (b)). Hawaii's Rule 56(c) standard has not been amended since December 7, 1999, effective January 1, 2000, and it still asks whether the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law, rather than the newer federal genuine dispute wording some states have adopted. Hawaii case law nonetheless applies Celotex-style burden-shifting: the moving party carries an initial burden of production, and the ultimate burden of persuasion never shifts from it. Required papers are the motion with its notice of hearing, a memorandum in support, effectively always needed for summary judgment, and any affidavits or declarations the motion depends on; the opposing party files an opposing memorandum and counter-affidavits, and the moving party may file a reply or reply affidavit (Haw. R. Civ. P. 56(a)-(c), (e); RCCH Rule 7(a), (b), (g)). Hawaii has no rule requiring a separate statement of undisputed material facts the way some other states do. Supporting and opposing memoranda are limited to 20 pages, reply memoranda to 10 pages, both exclusive of affidavits, exhibits, and attachments, and any memorandum over 15 pages needs a table of contents and table of authorities (RCCH Rule 7.1). Hawaii has no separate summary adjudication motion and no Texas-style no-evidence motion; when judgment is not rendered on the whole case, the same Rule 56 motion lets the court identify by order which material facts are established without substantial controversy, narrowing what remains for trial, and Rule 56(a) also allows the same motion to seek a declaratory judgment (Haw. R. Civ. P. 56(a), (d)). Summary judgment is technical, and motions are often lost on procedure rather than the merits. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers Hawaii state trial court practice only; summary judgment in federal court follows Federal Rule of Civil Procedure 56 and is outside its scope.

Key Things to Know

1
A Hawaii summary judgment motion must be filed and served at least 18 calendar days before the hearing; the opposition is due at least 8 calendar days before the hearing and the reply at least 3 days before the hearing, all counted backward from the hearing date under HRCP 6(a), which excludes intervening weekends and holidays from the 3-day reply period only (Haw. R. Civ. P. 56(c)).
2
If you were served with a Hawaii summary judgment motion, your opposition deadline is counted backward from the hearing date, not forward from the date of service: your opposing memorandum and any counter-affidavits are due at least 8 calendar days before the hearing (Haw. R. Civ. P. 56(c)).
3
Under Hawaii's general motions rule, no party may file any papers less than 3 days before the date set for the hearing unless otherwise ordered by the court (RCCH Rule 7(b)).
4
Hawaii's Rule 56(c) standard has not been amended since December 7, 1999, effective January 1, 2000, and still uses the pre-restyling 'no genuine issue as to any material fact' language rather than the newer federal genuine dispute wording some states have adopted; Hawaii case law nonetheless applies Celotex-style burden-shifting.
5
A party seeking recovery may move any time after 20 days from the commencement of the action, or immediately after the adverse party serves its own summary judgment motion, whichever is earlier; a defending party may move right away. Either motion must be served and filed no less than 50 days before the trial date absent the court's permission for good cause (Haw. R. Civ. P. 56(a), (b)).
6
Required papers are the motion with its notice of hearing, a memorandum in support, and any affidavits or declarations the motion depends on; Hawaii has no rule requiring a separate statement of undisputed material facts. Supporting and opposing memoranda are limited to 20 pages and reply memoranda to 10 pages, exclusive of affidavits, exhibits, and attachments (RCCH Rule 7(a); RCCH Rule 7.1).
7
Hawaii has no separate summary adjudication motion and no Texas-style no-evidence motion; partial relief comes through the same Rule 56 motion under Rule 56(d), which lets the court identify by order which facts are established without substantial controversy. A motion to dismiss, a motion to set aside a default, and federal court practice are different procedures not covered on this page (Haw. R. Civ. P. 56(a), (d)).

Key decisions before you file

Before you file a Motion for Summary Judgment in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

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CIVIL NO. [CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

IN THE CIRCUIT COURT OF THE [ORDINAL] CIRCUIT STATE OF HAWAII

NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: OR PARTIAL SUMMARY JUDGMENT]; MEMORANDUM IN SUPPORT

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on [HEARING DATE], at [HEARING TIME], in [COURTROOM NUMBER], [MOVING PARTY NAME] will move this Court, under Hawaii Rules of Civil Procedure Rule 56, for an order granting summary judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME] [IF APPLICABLE: OR FOR A DECLARATORY JUDGMENT] on the ground that the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits filed herewith, show there is no genuine issue as to any material fact and that [MOVING PARTY NAME] is entitled to judgment as a matter of law. This motion is filed and served not less than 18 days before the hearing date set above, as required by Haw. R. Civ. P. 56(c).

This motion is based on this Notice of Motion, the attached Memorandum in Support, [IF APPLICABLE: the supporting affidavits or declarations filed herewith,] and the record on file in this action.

MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION [SUMMARY OF THE ACTION AND THE GROUNDS FOR THE MOTION]

II. STATEMENT OF UNDISPUTED MATERIAL FACTS [NUMBERED STATEMENT OF EACH FACT MOVANT CONTENDS IS UNDISPUTED, EACH WITH A CITATION TO THE SUPPORTING PLEADINGS, DISCOVERY, OR AFFIDAVITS]

III. STANDARD Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Haw. R. Civ. P. 56(c).

IV. ARGUMENT [APPLICATION OF THE STANDARD TO THE UNDISPUTED FACTS ABOVE, ELEMENT BY ELEMENT]

V. CONCLUSION For the foregoing reasons, [MOVING PARTY NAME] respectfully requests that the Court grant this motion and enter judgment in favor of [MOVING PARTY NAME] and against [OPPOSING PARTY NAME].

PARTIAL SUMMARY JUDGMENT

[IF APPLICABLE: If judgment is not rendered on the whole case, [MOVING PARTY NAME] asks the Court, under Haw. R. Civ. P. 56(d), to ascertain what material facts exist without substantial controversy and to specify those facts by order, directing further proceedings on the facts that remain genuinely disputed.]

Respectfully submitted,

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, STATE ZIP] [PHONE] [EMAIL] [HAWAII BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], being at least 18 days before the hearing date set above, a true and correct copy of this Notice of Motion and Motion for Summary Judgment, Memorandum in Support, [IF APPLICABLE: and the supporting affidavits or declarations filed herewith,] was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Hawaii Requirements for Motion for Summary Judgment

18-Day Notice Before the Hearing
The motion must be filed and served at least 18 calendar days before the date set for the hearing, computed under HRCP 6(a), with intermediate weekends and holidays counted because the period is 7 days or more (Haw. R. Civ. P. 56(c)).
8-Day Opposition Deadline Counted Back From the Hearing
The opposing memorandum and any counter-affidavits must be filed and served not less than 8 calendar days before the hearing date, counted backward from the hearing rather than forward from service (Haw. R. Civ. P. 56(c)).
3-Day Reply Deadline
The moving party's reply or reply affidavit must be filed and served not less than 3 days before the hearing date; because this period is less than 7 days, HRCP 6(a) excludes intervening Saturdays, Sundays, and holidays from the count (Haw. R. Civ. P. 56(c)).
50-Day Filing Cutoff Before Trial
The motion must be served and filed no less than 50 days before the trial date, absent the court's permission for good cause (Haw. R. Civ. P. 56(a), (b)).
20-Day Earliest Filing After Commencement
A party seeking recovery may move any time after 20 days from the commencement of the action, or immediately after the adverse party serves its own summary judgment motion, whichever is earlier; a defending party has no 20-day trigger and may move right away (Haw. R. Civ. P. 56(a), (b)).
No Separate Statement of Undisputed Facts Required
Unlike some other states, Hawaii has no rule requiring a separate statement of undisputed material facts for summary judgment; the memorandum in support states the facts directly (Haw. R. Civ. P. 56).
20-Page Limit on Supporting and Opposing Memoranda
Memoranda in support of or in opposition to the motion are limited to 20 pages, and reply memoranda to 10 pages, both exclusive of affidavits, exhibits, and attachments; a memorandum over 15 pages needs a table of contents and table of authorities (RCCH Rule 7.1).
Partial Judgment Through a Rule 56(d) Narrowing Order
Hawaii has no separate summary adjudication motion. When judgment is not rendered on the whole case, Rule 56(d) directs the court to identify by order which material facts are established without substantial controversy, narrowing what remains for trial (Haw. R. Civ. P. 56(d)).

Find out where you stand in Hawaii

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

Hawaii Requirements for Motion for Summary Judgment

18-Day Notice Before the Hearing

8-Day Opposition Deadline Counted Back From the Hearing

3-Day Reply Deadline

50-Day Filing Cutoff Before Trial

20-Day Earliest Filing After Commencement

No Separate Statement of Undisputed Facts Required

20-Page Limit on Supporting and Opposing Memoranda

Partial Judgment Through a Rule 56(d) Narrowing Order

Frequently Asked Questions