Do I need to appear in court?

Not necessarily; many courts accept written continuance declarations without an in-person appearance, but this depends on local rules, the judge's preference, and whether opposing counsel requests oral argument. Check local rules and indicate lack of appearance in your filing.

Must the declaration be notarized?

Typically a sworn declaration under penalty of perjury suffices without notarization, but some jurisdictions or specific filings may require notarized affidavits. Confirm local court rules; when in doubt obtain notarization or use RON where permitted to strengthen authentication.

How far in advance should I file?

Advance notice varies; many courts require 5–14 days' notice for continuance motions, while emergencies should be filed immediately. Always check local rules to avoid waiver or denial for late filing.

Can I e-sign the declaration?

Yes when permitted: ESIGN and UETA authorize electronic signatures generally; ensure jurisdiction and court accept e-signatures for sworn declarations and that the platform preserves the audit trail and retention requirements.

What supporting documents help?

Attach medical records, travel receipts, subpoenas, counsel conflict letters, or correspondence that verify dates and reasons for the continuance. Label exhibits clearly, reference them in the declaration, and provide certified copies when available.

What if opposition objects?

If opposing counsel objects, the court may schedule oral argument or deny the continuance. Prepare a concise reply, file any required declarations promptly, and be ready to present justification at a hearing if the judge requests a hearing on prejudice or scheduling impact.

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Non Hearing Motion for Continuance Declaration

Non Hearing Motion for Continuance Declaration

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Form # 2DC39

PLAINTIFF(S)' / DEFENDANT(S)' NON-HEARING MOTION TO / FOR

DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE

IN THE DISTRICT COURT OF THE SECOND CIRCUIT

DIVISION

STATE OF HAWAII

Plaintiff(s)

Reserved for Court Use

Civil No.

Defendant(s)

Filing Party/Attorney Name, Attorney Number (if applicable), Address, Telephone and Fax Numbers

PLAINTIFF(S)' / DEFENDANT(S)' NON-HEARING MOTION TO / FOR

Filing Party requests that this Motion be granted for the reasons stated in the Declaration below and is made pursuant to:

Rules of the District Courts of the State of Hawai'i, Rule

District Court Rules of Civil Procedure, Rule

Rules of the Small Claims Division of the District Courts, Rule

Hawai'i Revised Statutes §

DECLARATION

1. I am the Movant or associated with the Movant as

2. The following are facts why the Motion should be granted (Attach additional page(s), if necessary):

I DECLARE UNDER PENALTY OF LAW WHAT I HAVE STATED IS TRUE AND CORRECT.

Signature of Declarant:

Date:

Print/Type Name:

NOTICE OF MOTION

TO:

Any response to this Motion must be in writing on page 2 of Form#2DC39 and filed with the Court no later than 10 days from the date shown on the Certificate of Service on page 2 of Form#2DC39 when the Motion is hand-delivered or 12 days when the Motion is mailed. Your written response can be delivered or mailed to the Court at 2145 MAIN STREET, RM 106, WAILUKU, HI 96793. IF NO RESPONSE IS RECEIVED BY THE COURT BY THE DATE SPECIFIED IN THIS NOTICE, THIS MOTION MAY BE GRANTED.

SEE AND USE PAGE 2 TO RESPOND TO MOTION

CERTIFICATE OF SERVICE

I certify that on (date): I served a copy of this Motion on all parties or their attorneys by

Hand-delivery or Mail, addressed as follows:

Signature of Filing Party/Attorney:

Date:

Print/Type Name:

RESPONSE TO THE MOTION/CERTIFICATE OF SERVICE

I DO NOT OBJECT to this Motion.

I DISAGREE with this Motion for the following reasons (Attach additional page(s), if necessary):

Reserved for Court Use

I DECLARE UNDER PENALTY OF LAW WHAT I HAVE STATED IS TRUE AND CORRECT.

CERTIFICATE OF SERVICE

I certify that on (date): I served a copy of this Response To The Motion on all parties or their attorneys by

Hand-delivery or Mail, addressed as follows:

Signature of Responding Party/Attorney:

Date:

Print/Type Name:

Reserved for Court Use

COURT ORDER

This Motion is:

GRANTED DENIED PARTIALLY GRANTED as follows:

Date:

Judge

In accordance with the Americans with Disabilities Act, and other applicable State and Federal laws, if you require an accommodation for your disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. 244-2800, FAX 244-2849, or email adarequest@courts.hawaii.gov at least (10) working days before your proceeding, hearing, or appointment date. For Civil related matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141A, Wailuku, Hawai'i 96793.

What a Non Hearing Motion for Continuance Declaration Is

A Non Hearing Motion for Continuance Declaration is a written court filing used to request postponement of a scheduled hearing without appearing in court. It explains the reasons for the continuance, provides supporting facts under penalty of perjury, and asks the judge to reschedule or continue the matter. The declaration attaches relevant evidence, identifies affected parties and counsel, and states proposed new dates or conditions for rescheduling. Courts evaluate such motions based on procedural rules, local calendaring practices, and fairness to opposing parties.

Why Use a Non Hearing Motion for Continuance Declaration

Use a Non Hearing Motion for Continuance Declaration to avoid unnecessary in-person appearances, document compelling reasons for delay, and maintain compliance with scheduling orders. Properly drafted declarations reduce the risk of denial and preserve parties' ability to prepare or obtain counsel.

Who Typically Files Continuance Declarations

Typical filers include attorneys, self-represented litigants, and administrative agencies seeking scheduling relief in civil or administrative matters.

Civil plaintiff or defendant counsel requesting additional preparation time before trial or hearing.
Self-represented parties needing more time to obtain counsel or gather evidence.
Government agencies or prosecutors managing calendar conflicts, witness availability, or emergency responses.

Core Elements of a Professional Continuance Declaration

A professional Non Hearing Motion for Continuance Declaration should be concise, fact-based, and include supporting exhibits and a clear proposed timeline for rescheduling.

Caption

Use the court caption exactly as filed; list case number, court name, parties, and department to ensure the clerk links the motion to the correct docket.

Grounds

State specific legal or factual grounds for the continuance, such as counsel conflict, illness, new evidence, or pending related motions, with concise explanation and dates.

Declaration

A sworn declaration signed under penalty of perjury summarizing the facts and attaching exhibits; include declarant's name, title, contact information, and relationship to the case.

Notice

Confirm service to all parties per local rules and list the method and date of service to avoid procedural dismissal for lack of notice.

Proposed Dates

Provide one or more specific alternative dates or a date range and explain availability constraints so the court can pick a suitable rescheduled date.

Supporting Docs

Attach certified medical records, subpoena responses, travel itineraries, counsel declarations, or correspondence that substantiate the need for continuance, include dates, and explain how each item supports the request.

Essential Fields and Required Information

Case Number: Exact docket number from complaint.

Court Name: Full court and division name.

Party Names: Legal names of all parties.

Declarant: Declarant's full name, title, contact, relationship.

Proposed Dates: Alternate dates or date range.

Service Proof: Method and date of service listed.

Step-by-Step: Prepare and File the Declaration

Follow these steps to prepare and file a Non Hearing Motion for Continuance Declaration with accuracy and required attachments.

01

Draft Motion: State grounds, facts, and proposed new dates.
02

Prepare Declaration: Swear facts under penalty of perjury.
03

Attach Evidence: Include exhibits that corroborate assertions.
04

File & Serve: File with clerk and serve opposing counsel.

Where to File and How to Serve

Submit the motion to the court clerk per local rules and serve all parties according to procedural requirements and service rules.

Court Clerk: File in-person, by mail, or electronic filing system.
E-filing Portal: Use court's eFile portal if available.
Email Service: Only when permitted by court rules or stipulation.
Opposing Counsel: Serve via personal delivery, mail, or e-service.

Digital Filing and eSubmission Considerations

Use a secure e-filing or eSignature platform that meets court authentication and audit trail requirements.

Authentication: Email, SMS code, or stronger KBA.
Audit Trail: Timestamps, IP, and action log.
File Formats: PDF/A preferred for court filings.

Typical Timing and Notice Expectations

Timing for filing continuance motions varies by court; local rules often require filing and service a set number of days before hearing.

Emergency Continuance:

File immediately and explain emergency facts in the declaration.

Standard Notice Period:

Local rules often require 5–14 calendar days' notice before hearing.

Medical Emergency:

Provide physician statement, treatment dates, and expected unavailability.

Opposition Response Time:

Opposing party may have 1–5 business days to respond.

Clerk Processing:

Clerk reviews filings; processing time varies by county and caseload.

Common Mistakes to Avoid

Failing to include a sworn declaration or attaching hearsay without foundation often results in denial or a requirement to appear in person.
Not serving opposing counsel per local rules, or missing the service deadline, can lead to improper notice and motion dismissal.
Submitting vague or unsupported proposed dates without explaining conflicts reduces judicial willingness to grant continuance.
Overreliance on calendaring conflicts without documentary proof, such as flight itineraries or medical records, weakens the request.

Consequences of an Incorrect or Incomplete Filing

Motion Denial: Hearing goes forward as scheduled.

Default Ruling: Risk of default or adverse order.

Sanctions: Court may impose monetary sanctions.

Evidence Exclusion: Late evidence may be excluded.

Contempt Risk: False declarations risk contempt.

Delay Costs: Additional litigation costs and scheduling delays.

Real-World Examples of Continuance Declarations in Use

Real-world examples show how Non Hearing Motion for Continuance Declarations consistently resolve scheduling conflicts efficiently.

Small Firm

A small civil litigation firm used a written continuance declaration when lead counsel became unexpectedly unavailable due to illness.

The court granted a short continuance.
The firm attached certified medical documentation, proposed three alternative dates, and explained scheduling impacts, which minimized prejudice to the opposing party and avoided costly emergency appearance fees and preserved trial preparation time.

Government Agency

A county agency sought continuance after a key investigator was reassigned to an emergency disaster response, impacting scheduled administrative hearings.

The agency filed a sworn declaration with travel orders.
The hearing officer approved a continuance and rescheduled multiple matters, reducing administrative backlog, thereby saving staff time and reducing hearing congestion across the agency's docket.

Practical Drafting Practices to Improve Success

Follow clear drafting standards and local rules to increase the likelihood the court will grant your continuance request.

Be specific with documentary proof

Provide exact dates, names, and documents that substantiate the stated grounds; attach originals or certified copies when available and explain how each exhibit supports the request to permit quick judicial review.

Serve early and document proof of service

Comply with local service rules, file proof of service promptly, and include a service certificate in the motion to eliminate disputes about notice and preserve the scheduling process for the court record.

Offer multiple neutral alternative dates

Propose multiple reasonable dates or a short range, avoid open-ended requests, and explain any external constraints; this reduces burden on the court and increases chances of obtaining an agreeable reschedule.

Verify e-filing and signature rules

Confirm whether your jurisdiction accepts electronic declarations, require notarization or in-person verification, and ensure any e-signatures meet ESIGN and UETA standards to establish consent and retention.

Key Milestones in the Continuance Request Process

Key milestones for a continuance request guide counsel and clerks through filing, service, response, and court decision stages.

01

Prepare Motion

Draft motion and supporting declaration.

02

File Motion

File with clerk per local rules.

03

Serve Parties

Serve proof of service to all parties.

04

Judge Ruling

Court rules on continuance after review.

When to Use a Non-Hearing Declaration vs an In-Person Request

Compare non-hearing declaration and in-person continuance requests to choose the appropriate method for scheduling relief.

Criteria	Non Hearing Motion	In-person Appearance
Presence	no appearance	appearance required
Processing Time	often quicker	depends on calendar
Evidence	written exhibits	oral testimony possible
Flexibility	high flexibility	lower flexibility

Comparing eSignature Vendors for Continuance Documents

Compare common eSignature vendors on pricing and features relevant to document signing and court filings.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Verify vendor	Verify vendor	Verify vendor	Verify vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Setting Up an Online Workflow for the Motion

Configure an online workflow to build, sign, and submit a Non Hearing Motion for Continuance Declaration efficiently.

Field	Configuration
Document Template	Create template with caption and signature fields
Conditional Fields	Show proof fields when emergency selected
Authentication	Use email or SMS code verification
Service Tracking	Add proof-of-service upload and stamp field

Who Can Sign the Declaration

Attorney of Record

An attorney of record may sign motions and declarations on behalf of their client, certifying accuracy and service. Attorneys sign to attest to procedural compliance and usually file electronically using their bar number and contact details.

Declarant (Affiant)

A declarant or affiant signs the sworn declaration under penalty of perjury. The declarant must be competent to testify to the facts stated and include their contact information and relationship to the case.

Frequently Asked Questions and Troubleshooting

Answers to common questions about Non Hearing Motion for Continuance Declarations, filing mechanics, and verification requirements.

Need help? Contact support

Do I need to appear in court?
Not necessarily; many courts accept written continuance declarations without an in-person appearance, but this depends on local rules, the judge's preference, and whether opposing counsel requests oral argument. Check local rules and indicate lack of appearance in your filing.
Must the declaration be notarized?
Typically a sworn declaration under penalty of perjury suffices without notarization, but some jurisdictions or specific filings may require notarized affidavits. Confirm local court rules; when in doubt obtain notarization or use RON where permitted to strengthen authentication.
How far in advance should I file?
Advance notice varies; many courts require 5–14 days' notice for continuance motions, while emergencies should be filed immediately. Always check local rules to avoid waiver or denial for late filing.
Can I e-sign the declaration?
Yes when permitted: ESIGN and UETA authorize electronic signatures generally; ensure jurisdiction and court accept e-signatures for sworn declarations and that the platform preserves the audit trail and retention requirements.
What supporting documents help?
Attach medical records, travel receipts, subpoenas, counsel conflict letters, or correspondence that verify dates and reasons for the continuance. Label exhibits clearly, reference them in the declaration, and provide certified copies when available.
What if opposition objects?
If opposing counsel objects, the court may schedule oral argument or deny the continuance. Prepare a concise reply, file any required declarations promptly, and be ready to present justification at a hearing if the judge requests a hearing on prejudice or scheduling impact.

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