Haw. R. Penal P. 44A (2026)

Rule 44A. SETTLEMENT OF FINDINGS OF FACT, CONCLUSIONS OF LAW, ANDORDER; ENTRYOF ORDER. (a) In the circuit court. (1) PREPARATION OF FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER. Unless otherwise ordered by the court, within 10 days after decision or ruling of the court following a hearing on a motion, the prevailing party shall prepare and deliver to the parties the findings of fact, conclusions of law and order, in accordance with the decision or ruling. (2) SECURING APPROVAL FROM OPPOSING PARTY. The party preparing the findings, conclusions and order shall attempt to secure approval as to form from the opposing party. Upon approval, which shall be made not later than 5 days after delivery, the document shall be returned to the originating party who shall promptly deliver it to the court. If the document is not approved as to form within 5 days after delivery, the originating party shall promptly deliver the proposed findings, conclusions and order to the court along with certificate of service to all parties. (3) OBJECTIONASTOFORM. Ifanyparty objects to the form of the document prepared, that party, within 5 days of delivery, or other such time as authorized by the court, shall serve upon the party who prepared the document and deliver to the court a statement of that party's objections and the reasons therefore or proposed findings, conclusions and order. Failure to file and serve objections or proposed findings, conclusions, or order shall constitute approval as to form of the document prepared. (4) SETTLEMENT. The court shall timely settle the objections, if any, and issue the findings of fact, conclusions of law, and order as it deems proper. (5) NO EFFECT ON RIGHT TO APPEAL. Approval asto form shall notaffecttheright ofany party to appeal from the decision or ruling of the court and shall not be deemed as a waiver of disputed findings or conclusions. (6) ENTRY. The filing of the findings of fact, conclusions of law and order in the office of the clerk shall constitute entry of the order. (b) In the District Court. (1) After the decision or ruling of the court following a hearing on a motion, the clerk shall note the decision or ruling on the docket. The filing of the written decision or ruling, or in the event of an oral decision or ruling, the filing of the written notice of entry of the decision or ruling, in the office of the clerk constitutes entry of the order. The decision or ruling or notice of entry shall be signed by the judge or by the clerk, if the judge so directs, provided that for purposes of this rule, an oral order granting an oral motion is entered when the court’s oral order is entered by the clerk on the electronic docket. (2) Where the court orders preparation of findings of fact, conclusions of law and order, the findings, conclusions and order shall be prepared and settled as provided for in subsection (a) of this rule. The filing of the findings, conclusions and order in the office of the clerk shall constitute entry of the order. (Added February 4, 2000, effective July 1, 2000; further amended May 7, 2004, effective July 1, 2004; further amended June 2, 2005, effective July 1, 2005; further amended April 20, 2011, effective July 1, 2011.) Rule 45. TIME. (a) Computation. In computing any period of time, the day of the act or event from 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 a period of time prescribed or allowed is less than 10 days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. Computation of the period set forth in Rule 5(a) shall be based on the actual time elapsed without regard to the exceptions set forth in this rule. As used in these rules, "holiday" shall mean any day designated as such pursuant to Section 8-1 of Hawaiʻi Revised Statutes.

Rule 45 HAWAIʻI RULES OF PENAL PROCEDURE HRPP--36 (Release: 06/26) (b) Enlargement. When 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 if the failure to act was the result of excusable neglect; but the court may not extend the time for taking any action under Rules 29, 33, 34 and 35 of these rules and Rule 4(b) of the extent and under the conditions stated in them. (c) For motions; affidavits or declarations. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 48 hours before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit or declaration, the affidavit or declaration shall be served with the motion; and opposing affidavits or declarations may be served not less than 1 day before the hearing unless the court permits them to be served at a later time. Where a written motion is filed 14 or more days before the time specified for the hearing, all opposing memoranda, together with affidavits or declarations, if any, must be served not less than 72 hours before the hearing unless the court permits them to be served at a later time. All memoranda replying to the opposing memoranda shall be served not later than 24 hours before the hearing unless the court permits them to be served at a later time. (d) Additional time after service by mail. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other document upon the party, and the notice or other document is served upon the party by mail, 2 days shall be added to the prescribed period. (Amended January 6, 1982, effective January 6, 1982; further amended April 23, 1985, effective April 23, 1985; further amended November 22, 1994, effective December 5, 1994; further amended February 4, 2000, effective July 1, 2000; further amended November 17, 2000, effective January 1, 2001; further amended April 23, 2012, effective June 18, 2012; further amended May 21, 2026, effective July 1, 2026.)