Current through September, 2024
Section 6-23-37 - Motions(a) General. All motions, except those made orally on the record during a hearing, shall: (2) Provide the name of the petitioner and docket number of the case;(3) State the factual or legal grounds, or both, for the motion with particularity;(4) Set forth the relief or order sought; and(5) Be accompanied by an affidavit or declaration or other evidence relied upon. The motion may be accompanied by legal memorandum, not to exceed twenty pages. All motions shall be accompanied by a certificate of service and shall be served on each party to the proceeding.(b) Response to motions. Response to motions shall be filed with the presiding officer within thirty days after service of the motion. The response shall be accompanied by an affidavit or declaration or other evidence, and may be accompanied by legal memorandum, not to exceed twenty pages. If no response is filed within the designated period, the presiding officer may deem that the responsive party has waived any objection to the motion.(c) Discretion. Upon the motion of a party, or upon the presiding officer's own motion, the presiding officer may extend or shorten the time for a party to file a response to a motion, and may make such other orders regarding a motion as the presiding officer deems appropriate. The presiding officer may permit oral argument where the officer deems it necessary or desirable. [Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 91-2, 91-9, 91-10, 92-16)