Rule 10 - Computation of 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 is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. As used in this rule, "holiday" includes any day designated as such pursuant to Section 8-1 of the Hawai'i 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 for cause shown may at any time in its discretion (1) with or without petition 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 petition 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 Rule 4 of the Hawai'i Rules of Appellate Procedure, except to the extent and under the conditions stated in that rule. COMMENTARY:
These rules provide clarification on the measurement of time and conform probate court practice to common court rules.
(c) Time to File Pleadings or Reports. (1) OBJECTION OR RESPONSE. A party objecting or responding to a petition must file the objection or response with the court and serve it on interested persons within 30 days after service of the petition and notice of hearing, or in the case of an informal application, within 14 days after service of any application under HRS §560:3-302(b), except when a different time is prescribed by statute or court order, provided that in matters for which the court has appointed a master or Kokua Kanawai, the following provisions apply: (A) Master's Report; Objection or Response to Master's Report. Unless otherwise ordered by the court, the court-appointed master shall file a report with the court and serve a copy of the report on all counsel who have appeared in the proceeding within 30 days after the date the master was appointed or within 30 days after the date responses to the petition are due, whichever is later. Any party objecting or responding to the master's report shall file an objection or response to reject or confirm, in whole or in part, the report and shall serve the objection or response on all counsel who have appeared in the proceeding within 10 days after the date the master's report is filed. (B) Kokua Kanawai's Report; Objection or Response to Kokua Kanawai's Report. Unless otherwise ordered by the court, a Kokua Kanawai appointed pursuant to HRS §560:5-305 and/or §560:5-406 shall file a report with the court and serve a copy of the report only upon those persons authorized to receive such report pursuant to HRS §560:5-307 and/or §560:5-407 or pursuant to an order of the court, within 30 days after the date the Kokua Kanawai was appointed or within 30 days after the date responses to the petition are due, whichever is later. Any party objecting or responding to the Kokua Kanawai's report shall file an objection or response to reject or confirm, in whole or in part, the report and shall serve the objection or response only upon those persons authorized to receive such report pursuant to HRS §560:5-307 and/or §560:5-407 or pursuant to an order of the court, within 10 days after the date the Kokua Kanawai's report is filed. (2) OBJECTION OR RESPONSE TO OBJECTION OR RESPONSE. Any party objecting or responding to an objection or response shall file an objection or response and serve it on all counsel who have appeared in the proceeding within 10 days after the responses or objections to the petition are filed, or 72 hours prior to the time set for the hearing as originally set, whichever is earlier, provided that in matters for which the court has appointed a master or Kokua Kanawai, the following provisions apply: (A) Objection or Response to Objection or Response to Master's Report. Any party objecting or responding to an objection or response to a master's report shall file the objection or response and serve it on all counsel who have appeared in the proceeding within 20 days after the date the master's report is filed. (B) Objection or Response to Objection or Response to Kokua Kanawai's Report. Any party objecting or responding to an objection or response to a Kokua Kanawai's report shall file an objection or response and shall serve it only upon those persons authorized to receive such report pursuant to HRS §560:5-307 and/or §560:5-407 or pursuant to an order of the court, within 20 days after the date the Kokua Kanawai's report is filed. (3) SERVICE ON WHOM; DELIVERY OF COPY TO JUDGE'S CHAMBERS. Any party filing an objection or response (including an objection or response to an objection or response) shall also serve it on all other interested persons who have not filed a waiver of notice, even though service may not be completed before the time set for hearing, and shall deliver a copy of the file-marked objection or response to the presiding judge's chambers; provided that in matters for which the court has appointed a Kokua Kanawai pursuant to HRS §560:5-305 and/or §560:5-406, the objection or response shall be served only upon those persons authorized to receive such report pursuant to HRS §560:5-307 and/or §560:5-407 or pursuant to an order of the court. (4) GUARDIAN AD LITEM. A guardian ad litem appointed by the court in any matter shall comply with the same response dates as any other party, unless otherwise ordered by the court. (5) SHORTENING OR EXPANDING TIME. The court for good cause may shorten or expand the time requirements of these rules to effectuate the efficient administration of estates. COMMENTARY:
To prevent surprises at hearings, to improve the efficiency of the judicial process, and to fairly put parties on notice of the position of all parties prior to the hearing, objections and responses must be filed within 30 days of service of the petition. This expands the 20-day answer requirement of HRCP 12(a); the longer time period is provided because most interested persons in probate, guardianship and trust proceedings are individuals who are usually not represented by counsel and who often live out of state. In addition, many proceedings have mandatory notice provisions, which often take more than 20 days to satisfy. The rule outlines the response requirements when a master or Kokua Kanawai is appointed and is intended to provide all parties with special rules for filing responses and objections in a manner that will allow cases to proceed efficiently. Attempts should be made to serve all other interested parties as well, but the nature of probate and trust proceedings, with potentially many beneficiaries geographically dispersed, makes a requirement of service on everyone prior to the hearing impractical.
When a hearing is continued from the originally scheduled date, pleadings are due within the original time unless the court by order permits an expansion of time, to be measured by reference to the date to which the hearing is continued.
The court is granted the power to shorten any of the time requirements for good cause, such as to facilitate the closing of a sale of property, to distribute property or to settle a litigated or negotiated claim.
(d) Additional Time After Service by Mail. Whenever a person has the right or is required to act within a prescribed period after the service of a notice or other paper upon the person and the notice or paper is served upon the person by mail, two days shall be added to the prescribed period. COMMENTARY:
This rule conforms the timing requirements with respect to mailings to other court rules.
Amended November 12, 1997, effective 12/15/1997; further amended June 25, 2003, effective 7/1/2003; further amended May 17, 2004, effective 7/1/2004; further amended April 28, 2006, effective 7/1/2006.