HAR §5-1-48
HAR §5-1-48. Motions
Cite as Haw. Code R. § 5-1-48
(a) All motions other than
those made during a hearing shall be made in writing
to the presiding officer, shall state the relief
sought, and shall be accompanied by an affidavit or
memorandum setting forth the grounds upon which they
are based. The presiding officer shall set the time
for all motions and opposing memorandum, if any.
(b) The moving party shall serve a copy of all
motions on all other parties at least forty-eight
hours prior to the hearing on the motion and shall
file with the presiding officer the original with
proof of service.
(c) A memorandum in opposition or a counter
affidavit shall be served on all parties not later
than twenty-four hours prior to the hearing. The
original and proof of service shall be filed with the
presiding officer.
(d) Failure to serve or file a memorandum in
opposition to a motion or failure to appear at the
hearing shall be deemed a waiver of objection to the
granting or denial of the motion. [Eff Jan. 16, 1993]
(Auth: HRS §§28-10.8, 91-2) (Imp: HRS §91-9)
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§5-1-49