Rule 78.Motion Day.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 78
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
Unless local conditions make it impracticable, each family court establishes regular times and places at intervals frequent enough for the prompt dispatch of business, where motions requiring notice and hearing may be heard and disposed of.
That regularity is a default, not a cage. The judge may at any time or place, and on whatever notice the judge considers reasonable, make orders for the advancement, conduct and hearing of actions.
The second paragraph is the one that shapes daily practice. To expedite business, the court may provide by rule or order for motions to be submitted and determined without oral hearing, on brief written statements of reasons in support and opposition. Rule 59(e) makes a motion to reconsider a non-hearing motion by default.
Frequently Asked Questions
When are motions heard in Hawaii family court?
At regular times and places each family court establishes, at intervals sufficiently frequent for the prompt dispatch of business, unless local conditions make that impracticable.
Can a motion be decided without a hearing?
Yes. The court may provide by rule or order for motions to be submitted and determined without oral hearing on brief written statements of reasons.
Can the judge hear a motion outside the regular time?
Yes. The judge may at any time or place, on such notice as the judge considers reasonable, make orders for the advancement, conduct and hearing of actions.
Which motions are decided without a hearing by default?
A motion to reconsider, alter or amend under Rule 59(e) is a non-hearing motion unless the court orders otherwise.
How much notice does a motion need?
Rule 6(d) sets 48 hours as the default, with longer periods for a motion for relief pendente lite served by mail in another circuit or served outside the State.