Rule 6.Times.

Last amended January 1, 2026 · Last verified July 3, 2026

In one sentenceRule 6 sets the rules for counting deadlines, extending or excusing a missed one, timing motions and affidavits, and adding extra time when papers are served by mail.

Full Text of Rule 6

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

(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 this rule, "holiday" includes any day designated as such pursuant to section 8-1 of the Hawai‘i Revised Statutes.

(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 for cause shown may at any time in its discretion (1) with or without motion or notice order 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) 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 50(b) 52(b), 59(b), (d) and (e) and 60(b) of these rules and Rule 4(a) of the Hawai‘i Rules of Appellate Procedure, except to the extent and under the conditions stated in them.

(d) For motions; affidavits. A written motion, other than one that may be heard ex parte, and notice of the hearing thereof, shall be served not less than 18 days before the date fixed for the hearing, unless a 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 affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not less than 8 days before the date set for the hearing, unless the court permits them to be served at some other time.

(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 paper upon that party and the notice or paper is served upon that party by mail, 2 days shall be added to the prescribed period.

End

Amendment History

Amended May 15, 1972, effective July 1, 1972

further amended June 29, 1973, effective July 2, 1973

further amended June 22, 1983, effective July 1, 1983

further amended April 23, 1985, effective April 23, 1985

further amended July 26, 1990, effective September 1, 1990

further amended September 11, 1996, effective January 1, 1997

further amended May 15, 1997, effective June 2, 1997

further amended December 7, 1999, effective January 1, 2000

further amended July 9, 2025, effective January 1, 2026

Plain-English Summary

Rule 6 lays out the arithmetic of deadlines. When counting a period set by the rules, a court order, or a statute, the day of the triggering act or event is not counted, but the last day of the period is counted — unless that last day is a Saturday, Sunday, or holiday, in which case the period runs to the next day that isn't one of those. Short periods of less than 7 days also skip intervening Saturdays, Sundays, and holidays entirely.

The rule then gives courts room to adjust those deadlines. A court may enlarge a period for cause, either before the original deadline passes or, after it passes, upon a showing of excusable neglect, except for a short list of deadlines tied to post-trial motions and appeals that the rule places off-limits. It also fixes the notice period for motions and supporting affidavits and adds 2 extra days to a prescribed period whenever the notice or paper that triggers that period was served by mail.

Frequently Asked Questions

How do you count a deadline that ends on a weekend under Rule 6?

You skip the last day if it falls on a Saturday, Sunday, or holiday, and the deadline instead runs to the next day that is not one of those.

Can a court extend a deadline after it has already passed?

Yes, but only on motion and only if the failure to act on time resulted from excusable neglect, and not for the specific post-trial and appeal deadlines Rule 6(b) excludes from enlargement.

Does mailing a notice give the other side extra time to respond?

Yes. Rule 6(e) adds 2 days to the prescribed period whenever the notice or paper that starts that period was served by mail.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 6). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: computing time deadlinesenlargement of timeexcusable neglect extensionextra time for mailed notice