Hawaii Civil Motion Practice: Comprehensive Guide

Hawaii Circuit Courts follow the Hawaii Rules of Civil Procedure (Haw. R. Civ. P.), which share structural similarities with the Federal Rules of Civil Procedure but contain important distinctions. Understanding Hawaii's motion practice is essential for attorneys and pro se litigants navigating state court litigation.

Pleading Standards and Motion to Dismiss

Hawaii follows a notice pleading standard similar to Federal Rule 12(b)(6), codified in Haw. R. Civ. P. Rule 8(a). A complaint need only provide "a short and plain statement of the claim showing that the pleader is entitled to relief." This is more forgiving than fact pleading but requires more than threadbare recitation of legal conclusions.

Motion to Dismiss Standards

Under Haw. R. Civ. P. Rule 12(b)(6), a motion to dismiss for failure to state a claim must demonstrate that the complaint fails to state a legally cognizable claim. Hawaii courts apply the Twombly-Iqbal plausibility standard, importing federal precedent from Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. The complaint must contain allegations that "raise a reasonable expectation that discovery will reveal evidence" supporting the legal theory.

Key pleading requirements under Haw. R. Civ. P. Rule 8(a):

Short and plain statement of claim

Demand for relief sought

Each claim should be separately stated and numbered

When damage amounts are material, they must be pleaded with specificity

Special matters (fraud, mistake, conditions of mind) require greater particularity under Rule 9(b)

Procedural mechanics:

File motion before or with answer under Rule 12(b)

Must include memorandum of law citing applicable standards

Complaint is accepted as true at the Rule 12(b)(6) stage

Court will not consider matters outside the complaint unless converted to summary judgment motion

If conversion occurs, parties receive notice and reasonable opportunity to present additional materials under Haw. R. Civ. P. Rule 12(d)

Motion for Summary Judgment

Haw. R. Civ. P. Rule 56 governs summary judgment practice. The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. Once met, the non-moving party must establish specific facts showing a genuine dispute.

Filing Timeline and Requirements

May file at any time, but must be filed at least 30 days before trial per Rule 56(a)

Shorter deadlines may apply in expedited proceedings

Must include supporting affidavits or authenticated documents

Affidavits must be based on personal knowledge and admissible evidence

Hearsay in affidavits is admissible for purposes of showing absence of genuine dispute but may not establish the fact itself without independent evidentiary support

Burden of Proof and Standards

Hawaii courts require the moving party to establish that:

There is no genuine dispute of material fact

Moving party is entitled to judgment as a matter of law

If moving party meets burden, non-moving party cannot rest on pleadings alone but must submit evidence

The trial court may grant partial summary judgment on some claims or issues while denying others. Under Rule 56(g), the court may order pretrial conferences to narrow issues before trial.

Opposition Deadlines

Opponent typically has 14 days to file opposition (check local rules for specific county variations)

Moving party has 7 days for reply

Court must allow adequate time for oral argument if requested

Failure to timely oppose may result in deemed admission of facts in moving party's statement

Motion for Judgment on the Pleadings

Under Haw. R. Civ. P. Rule 12(c), a party may move for judgment on the pleadings after the opposing party has filed a responsive pleading. This motion tests whether the complaint and answer (or other responsive pleadings) legally establish entitlement to relief without factual development.

Key distinctions from motion to dismiss:

Filed after responsive pleading is due

Considers both complaint and answer

May be granted only when law is clear and undisputed

If matters outside pleadings are presented, court must convert to summary judgment motion under Rule 12(d)

Motion to Compel Discovery

Haw. R. Civ. P. Rule 37 establishes procedures for enforcing discovery obligations.

Meet-and-Confer Requirement

Before filing a motion to compel, the moving party must make good faith effort to obtain compliance without court intervention. This requires:

Written request for extension or clarification

If response inadequate, follow-up correspondence explaining deficiency

Statement in motion certifying efforts and response (if any)

Failure to comply with meet-and-confer requirement may result in denial of motion or sanctions

Filing Procedure

File with certification of meet-and-confer efforts

Include copy of requesting party's interrogatories, requests for production, or requests for admission

Include correspondence showing non-compliance and good faith efforts

Hearing typically scheduled within 14-21 days

Sanctions and Fee-Shifting

Under Rule 37(a)(5), if motion to compel is granted, court must order non-complying party to pay moving party's reasonable attorneys' fees and costs unless:

Moving party failed meet-and-confer requirement

Non-complying party's position was substantially justified

Circumstances make award unjust

Similarly, if party seeks protective order or makes non-frivolous objection later proven invalid, sanctions may apply against seeking party.

Motion in Limine

While not explicitly codified in a single rule, Hawaii recognizes pre-trial motions to exclude evidence under Haw. R. Evid. Rule 401 and related evidentiary rules.

Filing and Timing

File at least 14-21 days before trial (check specific county rules)

Should accompany pre-trial conference materials

Circuit Court judges typically hold pre-trial conferences 7-14 days before trial

Some judges require all in limine motions filed with pre-trial statement

Common Topics and Standards

Prior Bad Acts (Character Evidence)

Generally inadmissible under Haw. R. Evid. Rule 404(b) except for specific non-character purposes

Prior acts offered to show propensity are excluded

Motions should specify why evidence falls outside Rule 404(b) exceptions (modus operandi, knowledge, absence of mistake)

Insurance

Haw. R. Evid. Rule 411 prohibits evidence of liability insurance to prove negligence or wrongdoing

Evidence may be admissible for other purposes (ownership, control, bias)

Common in limine motion seeks blanket exclusion unless opposing party claims alternative relevance

Settlement Discussions and Offers

Haw. R. Evid. Rule 408 protects settlement negotiations

Statements made during settlement discussions generally inadmissible

Motion seeks to prevent references implying weakness or fault

Other Common Grounds:

Gruesome or inflammatory photographs lacking probative value (Rule 403 balancing test)

Expert opinions based on hypotheticals unsupported by evidence

Hearsay statements offered for truth

Statistical or historical evidence of questionable relevance

Motion for Default Judgment

Haw. R. Civ. P. Rule 55 governs default procedures when defendant fails to respond.

Procedure When Defendant Fails to Answer

Plaintiff may request clerk to enter default if answer not filed within 20 days of service (or time set by court order)

Request must show proper service and expiration of time to respond

Entry of default is ministerial; clerk enters default without court order

Defendant may then move to set aside default under Rule 55(c) for good cause (typically excusable neglect)

Proving Damages After Default

Default establishes liability but not damages. Under Rule 55(b):

Plaintiff must prove amount of damages

Court must conduct hearing unless damages are liquidated (fixed by contract) or undisputed

Plaintiff presents evidence (affidavits, documents) of damages; defendant may appear and contest amount

Some judges permit damages evidence by affidavit alone; others require live testimony

Strategic consideration: Default is often not final; courts liberally set aside defaults to reach merits. Default judgment should be pursued only when defendant is truly unavailable or intentionally defying court authority.

Motion to Amend Complaint

Haw. R. Civ. P. Rule 15 governs amendments to pleadings.

When Amendment Permitted

Before Trial:

Leave freely given "when justice so requires" under Rule 15(a)

Hawaii courts interpret this liberally, favoring amendments that allow dispute on merits

Amendments should be allowed unless they cause prejudice, delay, or futility

After Judgment:

Must be filed within 10 days of entry of judgment under Rule 15(c)(1)

Only in "extraordinary circumstances"

Requires showing that justice demands departure from finality

Relation Back Doctrine

Under Rule 15(c), amendments relate back when:

Claim arose from same conduct, transaction, or occurrence originally pleaded

New party defendant received notice within 90 days of filing suit and knew action would not have been brought against them but for mistake of identity

Common in civil rights and medical malpractice cases

Relation back is liberally applied in Hawaii to avoid technical dismissals and allow substantive adjudication.

Temporary Restraining Order and Preliminary Injunction

Haw. R. Civ. P. Rule 65 establishes standards and procedures.

Elements and Burden

A party seeking injunctive relief must establish:

1. Likelihood of Success on Merits: Substantial question of law or fact is not sufficient; movant must show reasonable probability of prevailing at trial
2. Irreparable Harm: Threatened injury cannot be adequately remedied by money damages alone; must be certain or imminent (not speculative)
3. Balance of Equities: Harm to movant if relief denied outweighs harm to opposing party if relief granted
4. Public Interest: Issuance of injunction is not adverse to public interest

These elements are conjunctive; all must be satisfied.

Procedural Requirements

Temporary Restraining Order (TRO):

Effective up to 14 days without bond

May be issued without notice if movant certifies efforts to give notice or explains why notice impossible

Court must issue order containing reasons for issuance

Defendant may request hearing to dissolve within 14 days

Preliminary Injunction:

Requires notice and hearing

May issue pending final judgment

Typically requires bond under Rule 65(c) to secure damages if wrongfully issued

May be modified or dissolved if circumstances change

Bond Requirements

Surety or other security typically required

Court has discretion to waive bond in appropriate cases

Amount must cover potential harm to opposing party if injunction wrongfully issued

Motion to Change Venue or Transfer

Haw. R. Civ. P. Rule 15 and Hawaii Revised Statutes § 603-34 govern venue.

Statutory Grounds

Venue is proper in Hawaii Circuit Court where:

Defendant resides

Substantial part of property subject to action is located

Substantial portion of events or acts occurred

Parties otherwise consent

Procedure for Transfer

File motion demonstrating improper venue or showing transfer would be more convenient

Must be accompanied by affidavits or evidence supporting transfer

Transfer usually requires showing that majority of evidence, parties, and witnesses are located in alternative venue

Court balances parties' convenience against judicial efficiency

Motion to Consolidate or Sever

Haw. R. Civ. P. Rules 42 and 15 address joinder and consolidation.

Consolidation

Court may consolidate cases involving common questions of law or fact for trial

Promotes judicial efficiency but must not prejudice parties

Typically ordered sua sponte by court or on joint motion

Severance

Court may sever claims or defenses to prevent confusion or unfair prejudice under Rule 42(b)

Movant must show that joint trial would be confusing, create unfair prejudice, or mislead jury

Example: Personal injury and business dispute claims arising from unrelated facts

Motion for Continuance

No specific rule governs continuances, but Circuit Courts recognize them as part of inherent judicial authority.

Standards

Requesting party must show good cause: unavoidable circumstances, unavailable witness with essential testimony, need for additional discovery

Court considers impact on judicial calendar and opposing party

Frequent or unsupported continuance requests may result in sanctions

Continuances requested immediately before trial are disfavored

Post-Trial Motions

Motion for New Trial

Rule 59(a) Requirements:

Filed within 10 days of entry of judgment

Grounds include:

- Errors of law occurring at trial
- Newly discovered evidence (not discoverable by diligence before trial)
- Excessive or inadequate damages (grounds for remittitur or additur)
- Accident or surprise
- Manifest abuse of discretion by trial court
- Miscarriage of justice

Burden: Movant must demonstrate that trial was not fair or that judgment is against weight of evidence or law.

Motion for Judgment Notwithstanding the Verdict (JNOV) / Judgment as a Matter of Law

Rule 50(b) Standards:

Motion must have been preceded by Rule 50(a) motion made before case submitted to jury

Tests whether evidence is legally insufficient to support jury verdict

Standard: No rational jury could find for non-moving party on evidence presented

Highly deferential review: All reasonable inferences drawn in favor of verdict

Procedural requirement: Rule 50(a) motion (formerly called "directed verdict" motion) must be filed before jury verdict to preserve right to Rule 50(b) JNOV motion.

Deadline: 10 days after entry of judgment

Motion to Alter or Amend Judgment

Rule 59(e):

Filed within 10 days of entry of judgment

Grounds:

- Manifest error of law
- Newly discovered evidence
- Intervening change in controlling law
- Clerical errors (corrected under Rule 60(a))

Less searching review than motion for new trial; focuses on whether judgment was clearly wrong

Motion for Relief from Judgment

Rule 60(b):

Filed within one year of entry of judgment (except clerical errors under Rule 60(a), which may be corrected at any time)

Grounds:

- Mistake, inadvertence, surprise, or excusable neglect
- Newly discovered evidence not available through diligence
- Fraud, misrepresentation, or misconduct
- Judgment is void
- Judgment has been satisfied or discharged
- Any other reason justifying relief

Court has discretion; burden is on movant to show compelling reason

Critical distinction: This motion is available even after 10-day window for other post-trial motions expires, but still within one-year period.

General Motion Practice Rules and Procedures

Format and Filing Requirements

Content of Motion:

Title: "Motion for [Relief Sought]"

Notice section: Caption identifying case, notice of motion, date and time of hearing

Body: Clear statement of relief sought

Memorandum of Law/Brief: Supporting legal argument (required for substantive motions)

Supporting Declarations/Affidavits: Based on personal knowledge, proper form for admissibility

Proposed Order: Submitted with motion for court signature

Exhibits: Attached and referenced; must be clearly labeled

Notice and Service Requirements

Motions must be served on all parties under Haw. R. Civ. P. Rule 5

Minimum notice: 14 days before hearing date (unless rule specifies otherwise or court orders shorter time)

Methods of service: Personal service, certified or first-class mail, electronic service (if parties consented and system permits), or other method authorized by court order

Affidavit or certification of service must accompany filed motion

Page and Word Limits

Hawaii Rules of Civil Procedure do not specify universal page limits, but:

Check local Circuit Court rules for specific counties (Honolulu, Hawaii, Maui counties have separate local rules)

Typical limits: 10-15 pages for briefs, excluding exhibits and attachments

Some counties impose word count limits (e.g., 5,000 words)

Court may impose sanctions for motions exceeding limits without authorization

E-Filing and Paper Filing

Hawaii circuit courts have implemented e-filing in most counties through Hawaii Court System's e-filing portal

Mandatory e-filing may apply in some circuits; paper filing still permitted in others

Pro se litigants may request exemption from e-filing

Electronic filing deemed timely if submitted before midnight on due date

Verify specific county's e-filing requirements before filing

Hearing Procedures

Oral Argument:

Not automatic; must be requested in motion or at court's discretion

Request should state: "Oral argument requested" or "Request for oral argument"

Court may submit motion