Rule 40.Assignment of Cases for Trial; Continuance of Trial.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 40 puts cases on the trial calendar and requires a party own consent before an assigned trial date is continued.

Full Text of Rule 40

Text sizeJump to: (a) (b) (c)

(a) (a) Assignment of case for trial. The family courts shall provide by order for the placing of actions upon the trial calendar

(1) (1) without request of the parties, or

(2) (2) upon request of a party and notice to the other parties, or

(3) (3) in such other manner as the courts deem expedient. Precedence shall be given to actions entitled thereto by statute.

(b) (b) Motions for continuance. If a date has been assigned for trial of an action, a motion for continuance of the trial shall include on the first page of the notice of motion the trial date assigned and any previously assigned trial dates.

(c) (c) Consent of party to continuance of trial. A motion for continuance of any assigned trial date, whether or not stipulated to by respective counsel, shall be granted only upon a showing of good cause, which shall include a showing that the client-party has consented to the continuance. Consent may be demonstrated by the client-party’s signature on a motion for continuance or by the personal appearance in court of the client-party. However, consent is not required if the client-party is a government agency.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

The family courts provide by order for placing actions on the trial calendar, and the rule leaves them three routes: on the court own motion without any request, on a party request with notice to the others, or in whatever other manner the court thinks expedient. Actions entitled to precedence by statute get it.

Once a trial date exists, moving it becomes harder. A motion to continue must carry on the first page of the notice of motion the assigned trial date and every previously assigned date, so the judge sees the history without hunting for it.

The requirement that matters most is in subdivision (c). A continuance is granted only on a showing of good cause, and good cause must include a showing that the client, not just the attorney, has consented. That holds even where both counsel have stipulated. Consent is shown by the client signature on the motion or by the client appearing personally in court.

Frequently Asked Questions

How is a Hawaii family court case set for trial?

The court provides by order for placing actions on the trial calendar, either without a request, on a party request with notice, or in another manner the court thinks expedient.

Can my lawyer agree to postpone the trial without me?

No. A continuance requires good cause, and good cause must include a showing that the client-party has consented, even where counsel have stipulated.

How do I show my consent to a continuance?

By signing the motion for continuance, or by appearing personally in court.

What must a continuance motion say?

The first page of the notice of motion must state the assigned trial date and any previously assigned trial dates.

Do some cases get priority?

Yes. Precedence is given to actions entitled to it by statute.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 40). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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