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Motion for Continuance and Notice of Hearing

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NON-HEARING MOTION FOR CONTINUANCE; DECLARATION;
NOTICE OF MOTION; CERTIFICATE OF SERVICE; ORDER

IN THE DISTRICT COURT OF THE FIRST CIRCUIT
DIVISION

STATE OF HAWAII

Plaintiff

Reserved for Court Use

Civil No.

Defendant

Filing Party/Attorney Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Fax Number or Email

NON-HEARING MOTION FOR CONTINUANCE

Answer Returnable (Summary Possession cases)

Hearing-Type of Motion:

Trial Pre-Trial Other-Specify:

The Filing Party requests that this Motion be granted for the reasons stated in the Declaration below.

DECLARATION

I have read this Motion, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOLLOWING IS TRUE AND CORRECT: that Filing Party wishes to continue this proceeding to the date and for the reason stated below. I have contacted the Opposing Party or their attorney and they will not agree to the continuance, or I have tried several times to contact them by telephone and/or mail and they have not returned my calls or answered my letters. Explain why you will not be available and want this continuance: (Attach continuation page, if necessary).

Old Date/Time:

New Date/Time:

No. of Prior Continuances:

NOTICE OF MOTION

TO:

NOTICE IS GIVEN that the undersigned has filed this Motion. Any response to this Motion must be in writing on the reverse side and filed with the Court no later than 5 days from the date shown on the Certificate of Service when the Motion is hand-delivered or 7 days excluding Saturday, Sunday, and legal holidays when the Motion is mailed. Your written response can be delivered or mailed to the Court at 1111 Alakea Street, Civil Division, Third Floor, Honolulu, Hawaiʻi 96813. IF NO RESPONSE IS RECEIVED BY THE COURT BY THE DATES SPECIFIED IN THIS NOTICE, THIS MOTION MAY BE GRANTED.

Date:

Signature of Declarant/Attorney:

Print/Type Name:

SEE AND USE REVERSE SIDE TO RESPOND TO MOTION

I certify that this is a full, true, and correct
copy of the original on filed in this office.

Clerk, District Court of the above Circuit, State of Hawai'i

CERTIFICATE OF SERVICE

I certify that I served a copy of this Motion to the Opposing Party or Opposing Party's attorney on (date) by

Hand-delivery or Mail, addressed as follows:

Date:

Signature of Filing Party/Attorney:

Print/Type Name:

RESPONSE TO MOTION/CERTIFICATE OF SERVICE

I DO NOT OBJECT to this Motion.

I DISAGREE with this Motion for the following reasons:

Reserved for Court Use

I have read this Response, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY THAT WHAT I HAVE STATED IS TRUE AND CORRECT.

CERTIFICATE OF SERVICE

I certify that I served a copy of this Response to the Filing Party or Filing Party's attorney on (date) by

Hand-delivery or Mail, addressed as follows:

Date:

Signature of Opposing Party/Attorney:

Print/Type Name:

COURT ORDER

This Motion is granted and you must appear at the new date and time stated in the Declaration on the reverse side.

This Motion is denied and you must appear at the old date and time stated in the Declaration on the reverse side.

This Motion is partially granted and you must appear at .m. on for

ANSWER

RETURNABLE

TRIAL

HEARING ON MOTION

PRE-TRIAL

OTHER-

Date:

Judge

♿

In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require an accommodation for a disability when working with a court program, service, or activity, please contact the District Court Administration Office at PHONE NO. (808) 538-5121, FAX (808) 538-5233, or TTY (808) 539-4853 at least ten (10) working days before your proceeding, hearing, or appointment date. For all Civil related matters, please call (808) 538-5151 or visit the District Court Service Center, 1111 Alakea Street, Third (3rd) Floor.

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What the Motion for Continuance and Notice of Hearing Is

A Motion for Continuance and Notice of Hearing is a written request filed with a court asking the judge to postpone a scheduled hearing and to set a new date for argument. The document explains the reasons for the requested delay, proposes alternative dates, and gives formal notice to opposing parties and the court clerk. Many jurisdictions permit electronic filing and electronic service under local e-filing rules, but court orders and some filings may require in-person signatures or court-stamped entries. Always check local rules and the judge's preferences before filing.

Why this Motion Matters for Case Management

Filing a properly drafted Motion for Continuance protects parties from default or unfair prejudice, preserves the record, and ensures the court can consider scheduling conflicts or newly discovered developments before ruling. It creates a formal docket entry and triggers required service to opposing parties.

Why this Motion Matters for Case Management

Who Typically Prepares and Files This Motion

The Motion for Continuance and Notice of Hearing is commonly prepared and filed by the party seeking the delay or by their attorney; courts require service on all parties.

  • Private attorneys representing a party in civil or family court proceedings
  • Pro se litigants handling their own case without counsel
  • Court clerks or e-filing system administrators processing docket entries

Step-by-Step: Completing the Motion and Notice

Follow these sequential steps to prepare, serve, and file the motion in accordance with common court practice.

  • 01
    Prepare: Draft caption, grounds, and proposed new dates.
  • 02
    Attach: Include declarations or exhibits that support the reason.
  • 03
    Serve: Serve opposing counsel or parties per local rules.
  • 04
    File: File with the clerk using e-filing or in-person submission.

Customizing the Motion When Filing Online

Configure the document workflow to match court e-filing and service requirements when submitting electronically.

Setting Configuration
Template Use an approved motion template to ensure required sections are present
Signature Type Choose electronic signature or scanned wet signature per court rules
Authentication Enable signer ID (email or multi-factor) for attribution
Filing Method Select e-file or manual submission based on local rules

Where to File and How the Notice Is Routed

Filing and service paths differ by jurisdiction; confirm whether your court uses an e-filing portal, accepts email, or requires physical delivery.

  • E-Filing Portal: Upload motion to the court's electronic filing system when available
  • Clerk Filing: Pay required filing fee and obtain a stamped filed copy from the clerk
  • Service on Parties: Serve opposing counsel via electronic service or methods required by rule
  • Judge Scheduling: Court assigns a hearing date or calendar the request for judge consideration

Electronic Filing and eSignature Considerations

Courts and e-filing systems have specific technical and authentication requirements; align your eSignature and submission method with those rules.

  • Accepted Formats: PDF preferred
  • Authentication: Email or multi-factor
  • Service Rules: Follow local service methods

Common Timing Rules and Service Deadlines

Local civil and family rules set deadlines for filing and service; missing these can result in denial. Check the court's local rules before filing.

Advance Filing Window:

File and serve as required by local rule—often 7–14 days before hearing

Emergency Continuance:

If urgent, file as soon as possible and request ex parte consideration

Opposition Timeframe:

Opposing parties commonly have a set period to respond, e.g., 3–10 days

Judge's Calendar:

Court may continue or deny based on docket and stated reasons

Service Proof:

File proof of service contemporaneously to confirm service timing

Key Milestones From Draft to Hearing

Track these milestones to ensure timely filing, proper service, and receipt of a new hearing date if granted.

01

Draft Motion

Compose grounds, propose new dates, attach declarations

02

Serve Opponent

Serve per rule and prepare proof of service

03

File with Court

Submit via e-filing or in-person clerk filing

04

Attend Hearing

Appear or submit supplemental paperwork as ordered

Common Preparation Mistakes to Avoid

  • Missing or incorrect case caption that prevents the clerk from associating the motion with the correct file and delays processing.
  • Failure to serve opposing parties timely, which can result in the motion being denied as procedurally defective.
  • Submitting insufficient reasons or absent supporting declarations makes it hard for the judge to justify a continuance on the record.
  • Ignoring local rules or e-filing instructions, including format and authentication requirements, which can lead to rejection or return of the filing.

Risks and Consequences of an Incorrect Motion

Denial of Motion: Court may deny continuance
Sanctions: Court may impose monetary sanctions
Default Risk: Missed deadlines can trigger default judgment
Service Defect: Improper service may void the request
Record Issues: Incomplete record complicates appeals
Waiver: Late objections can be waived

Required Information Elements on the Form

Case Caption: Court, parties, case number
Movant Identity: Full legal name and counsel contact
Relief Requested: Specific continuance and new dates
Supporting Facts: Declarations or exhibits attached
Proof of Service: Date and method of service
Signature Block: Signed by attorney or movant

Who Can Sign and Certify the Motion

Attorney — Lead Counsel

An attorney of record typically signs and files the motion, certifying that service was made and that the movant has conferred with opposing counsel when required by local rule; the signature line should include bar number and firm contact information for verification by the clerk.

Pro Se — Self-Represented

A self-represented party may sign and file the motion personally, certifying truth under penalty of perjury when required, and must provide a current mailing address and contact information for service and docket communications.

Practical Tips for Accurate and Efficient Filing

Use these practices to improve acceptance rates and reduce back-and-forth with the clerk or opposing counsel.

Check Local Rules
Always read the presiding court's local rules and standing orders for motion practice, required meet-and-confer procedures, and deadlines; failing to follow local rules is a leading cause of procedural denial.
Include Proof
Attach a short, signed declaration that explains facts supporting the continuance request and include any supporting documents such as medical notes or scheduling conflicts to provide the judge context for exercising discretion.
Propose Dates
Offer multiple alternate hearing dates in MM/DD/YYYY format and confirm availability of key participants to help the court reschedule quickly and reduce calendar congestion.
File Proof of Service
File a contemporaneous proof of service that states how and when opposing parties were served; incomplete service affidavits can result in procedural rejection or a need to re-serve.

Realistic Examples of When a Continuance Is Used

Two common scenarios illustrate how a Motion for Continuance and Notice of Hearing operates in practice and how judges typically respond when the record supports the request.

Scheduling Conflict Example

A lead attorney has a verified medical procedure conflicting with a scheduled hearing

  • The attorney attaches a signed medical declaration and proposes three alternate dates
  • The court grants a continuance after confirming timely service and sets a new hearing date, noting the medical declaration in the docket and requiring updated status reports if needed.

New Counsel and Preparation

A party replaces counsel shortly before a contested hearing and requests time to prepare and exchange exhibits

  • New counsel files a declaration showing recent substitution and proposed dates
  • The judge usually grants a short continuance to permit counsel to prepare, but may limit extension length to avoid prejudice to the opposing party.

eSignature Provider Comparison for Filing and Service

Common eSignature plans and capabilities for preparing, signing, and delivering legal motions; signNow is listed first for comparison.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
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Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs: Filing and Serving a Motion for Continuance

Answers to frequent questions about timing, service, evidence, and electronic submission of continuance motions.


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