A Hawaii Motion for Continuance is a legal document filed by one party in a court case to request a delay or postponement of a scheduled court hearing or trial. It is commonly used when the filing party requires additional time to prepare their case or gather more evidence. Keywords: Hawaii, Motion for Continuance, legal document, court hearing, trial, delay, postponement, additional time, prepare case, gather evidence. In the state of Hawaii, there are different types of Motions for Continuance that can be filed, depending on the specific circumstances of the case. These types may include: 1. General Motion for Continuance: This is the most common type of Motion for Continuance and is used when a party needs more time to prepare their case, conduct further research, or to better coordinate with witnesses or experts. It is filed when unforeseen circumstances arise, making it difficult or impossible for the party to be ready for the scheduled court date. 2. Medical/Mental Health Motion for Continuance: This type of motion is filed when a party requests a delay due to medical or mental health reasons. If a party or their attorney can provide proper documentation, such as a medical certificate or expert opinion, they may be granted a continuance to ensure they are physically, mentally, and emotionally capable of participating in the legal proceedings. 3. Conflict of Schedules Motion for Continuance: This motion is filed when an unavoidable conflict arises between the scheduled court hearing/trial and other important commitments. For example, if an attorney is already scheduled to be in another court or if a party has a previously planned family event or business engagement that cannot be rescheduled, they can request a continuance based on the conflict of schedules. 4. Discovery Motion for Continuance: If one party needs more time to complete the discovery process and obtain crucial evidence, they can file this type of motion. Discovery refers to the exchange of evidence and information between parties before trial. If unexpected delays occur during the discovery phase, the party can request a continuance to ensure a fair and thorough presentation of their case. 5. Procedural Motion for Continuance: This type of motion is filed when there is an issue with the court procedures or in the interest of justice. For example, if there were problems with getting proper notice or if there were errors in the legal process, a party can file this motion to ensure a fair and proper resolution of their case. It is important to note that filing a Motion for Continuance does not guarantee a delay in the court proceedings. The judge has the discretion to grant or deny the motion based on the merits and reasons presented by the filing party.
Hawaii Motion for Continuance
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How to fill out Motion For Continuance?
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HFCR rule 68 authorizes the family court to award attorney's fees and costs in certain types of cases to a party that extends a settlement offer if the offer is not accepted and the final judgment in its entirety is patently not more favorable to the offeree than the settlement offer.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
A subpoena may be served at any place within the State. A subpoena may be served: (1) anywhere in the State by the sheriff or deputy sheriff or by any other person who is not a party and is not less than 18 years of age; or (2) in any county by the chief of police or a duly authorized subordinate.
40. Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.
Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.
In order to postpone/continue your hearing, you must prepare and file a Request for Continuance/Notice of Continued Administrative Hearing with the ADLRO prior to your scheduled hearing date and time. Required forms are available on this website.
A party to a trial or evidentiary hearing may request a continuance only by filing and promptly serving on all parties a motion to continue that recites the reason why a continuance is necessary and the proposed length of a continuance.