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Rule 6.Time.

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

In one sentenceRule 6 sets how time is counted, when the court may enlarge it, the notice periods for motions, the 2 extra days for service by mail, and the midnight deadline for electronic filing.

Full Text of Rule 6

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) (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 shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. As used in these rules, "holiday" shall mean any day designated as such pursuant to section 8-1 of the Hawaiʻi Revised Statutes.
(b) (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 may in its discretion
(1) (1) with or without motion or notice order, upon showing of good cause, 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) (2) upon motion 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 Rules 52(b), 59(b), (d) and (e) and 60(b) of these Rules and Rule 4(a) of the Hawaiʻi Rules of Appellate Procedure, except to the extent and under the conditions stated in them.
(c) (c) Reserved.
(d) (d) For motions; affidavits or declarations. A written motion, other than a motion pursuant to Rules 56 and 59 of these Rules, and one which may be heard ex parte, and notice of the hearing thereof, shall be served not later than 48 hours before the time specified for hearing, provided that whenever a motion which seeks relief pendente lite is served on the adverse party by mail in a circuit other than where the motion is filed, such service shall be made not later than 5 days before the time specified for the hearing, unless a different period is fixed by these Rules or by order of the court, and provided further that whenever the motion is served upon the adverse party outside of the State, such service shall be made not later than 20 days before the time specified for hearing, unless different period is fixed by these Rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by an attached affidavit or declaration, the affidavit or declaration shall be served concurrently with the motion. A response shall be served not later than the day preceding the hearing, unless the court permits it to be served at some other time.
(e) (e) Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party and the notice or document is served upon the party by mail, 2 days shall be added to the prescribed period.
(f) (f) Filing deadlines. Documents which are electronically filed through JEFS or JIMS shall be deemed timely filed if they are filed before midnight on the date the document is due, unless there is a specific legal requirement for an earlier deadline or if the presiding judge prescribes a specific filing deadline in a particular case.
End

Amendment History

(Amended March 30, 2022, effective April 25, 2022; further amended May 21, 2026, effective July 1, 2026.)

Plain-English Summary

Counting starts the day after the act or event. The last day counts unless it is a Saturday, Sunday or holiday, in which case the period runs to the end of the next day that is not one of those. For any period shorter than 7 days, intermediate Saturdays, Sundays and holidays drop out of the count. Holiday takes its meaning from the statute that designates them.

The court may enlarge a period on good cause if the request comes before the period runs out, or after it has run where the failure to act was the result of excusable neglect. Some deadlines are beyond enlargement: the time for acting under Rules 52(b), 59(b), (d) and (e), and 60(b), and under Rule 4(a) of the Hawaii Rules of Appellate Procedure, may be extended only as those rules themselves allow.

Motion notice runs on 48 hours as a default, with two longer periods layered on top. A motion seeking relief pendente lite served by mail in a circuit other than where it is filed needs 5 days, and a motion served on a party outside the State needs 20. Summary judgment motions under Rule 56 and new trial motions under Rule 59 are excluded from the default and run on their own schedules. A supporting affidavit or declaration goes out with the motion, and a response is due the day before the hearing unless the court sets another time.

Two closing provisions matter daily. Service by mail adds 2 days to any period that runs from it. And a document filed through JEFS or JIMS is timely if filed before midnight on its due date, unless a legal requirement or the presiding judge sets an earlier deadline.

Frequently Asked Questions

How are deadlines counted in Hawaii family court?

The day of the act or event is excluded and the last day is included, unless the last day is a Saturday, Sunday or holiday, in which case the period runs to the end of the next day that is not.

Do weekends count in short deadlines?

No. When the period is less than 7 days, intermediate Saturdays, Sundays and holidays are excluded.

How much notice does a motion need?

Service not later than 48 hours before the hearing, extended to 5 days for a motion for relief pendente lite served by mail in another circuit, and 20 days when served outside the State.

Which deadlines cannot be extended?

Those under Rules 52(b), 59(b), (d) and (e), and 60(b), and under Rule 4(a) of the Hawaii Rules of Appellate Procedure, except as those rules themselves allow.

What time is an electronic filing due?

Before midnight on the date it is due, unless a specific legal requirement or the presiding judge sets an earlier deadline.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 6). 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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