HAR §6-23-37. Motions

(a) General. All motions, except those made orally on the record during a hearing, shall: (1) Be in writing; (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. (cl 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 11/26/2009; am and comp ApD 11 2022 ] {Auth: HRS §§88-28, 91-2) (Imp: HRS §§9T-'2, 9"1-'9, 91-10, 92-16) 23-29 §6-23-38 Motions to dismiss or for swnmary judgment; disposition of claims. (a) The presiding officer, upon motion by a party, may at any time issue an order for summary judgment in favor of the petitioner or respondent as to all or any part of the claims, if no genuine issue of material fact exists and a party is entitled to judgment as a matter of law. (b) The presiding officer, upon motion by a party or on the presiding officer's own motion, may at any time issue an order dismissing the petition on the grounds of lack of jurisdiction, failure to state a claim on which relief may be granted, or any other ground upon which the petition may be dismissed prior to the hearing. In addition, the presiding officer may issue an order of dismissal of the petition upon a stipulation of the parties or upon a voluntary dismissal by the petitioner. (c) An order that grants or denies disposal of some or all claims in the petition shall constitute a recommended decision pursuant to section 6-23-48 if issued by the hearing officer and not considered an interlocutory order. An order that grants or denies disposal of some or all claims in the petition shall constitute a proposed decision pursuant to section 6­ 23-49 if issued by the board upon receipt of a recommended decision and not considered an interlocutory order. An order that disposes of some but not all of the claims in the petition shall be considered an interlocutory order and shall be appealable under section 91-14, HRS, only after a final decision has been issued, or if deferral of review would deprive the appellant of adequate judicial review under section 91-14, HRS. [Eff and comp 11/26/2009; am and comp APR 1' f 2022 ] (Auth: HRS §§88-28, 91-2) (Imp: HRS §§91-2, 91-9, 91-12, 92­ 16)