Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD › Subchapter 2 - PRACTICE AND PROCEDURE IN CONTESTED CASES › Section 12-43-21 - Motions

Current through June, 2024
(a) An application for relief or order shall
				be made by motion, which, unless made during a hearing, shall be made in
				writing, accompanied by declarations and memoranda setting forth with
				particularity the grounds therefor, and shall set forth the relief or order
				sought. The board in its discretion may require any oral motion made at hearing
				to be reduced to writing and served on all parties.
(b) Motions referring to facts not of record
				shall be accompanied by declarations, and if involving a question of law, shall
				be accompanied by a memorandum of legal authorities.
(c) Unless otherwise allowed by the board,
				answering memoranda, including but not limited to memoranda in opposition,
				memoranda in support, and memoranda of no position, shall be filed with the
				board within five days after service of the motion papers, unless otherwise
				directed by the board. Reply memoranda, if permitted by the board, shall be
				filed within three days after service of answering memoranda, unless otherwise
				directed by the board.
(d) The
				board in its discretion may decide to hear oral argument or testimony thereon,
				in which case the board shall notify the parties of the time and place of the
				argument or the taking of testimony.
(e) An exhibit or declaration attached to a
				motion is not in evidence at the hearing on the merits unless resubmitted by a
				party as an exhibit at the hearing.
(f) All motions made during a hearing shall
				be made a part of the record of the proceedings.
(g) Motions for preliminary injunction may be
				made where immediate and irreparable injury will result to the movant before
				the hearing on the merits of the case. Hearing on a motion for preliminary
				injunction shall be scheduled as expeditiously as possible, following notice to
				the other parties and opportunity for the other parties to respond to the
				motion. The board's official record and any evidence admitted in a hearing on a
				motion for preliminary injunction will be incorporated into the record of the
				hearing on the merits or de novo hearing and need not be resubmitted. Orders of
				preliminary injunction may be enforced as final orders of the board.
(h) Memoranda in support of or in opposition
				to any motion shall not exceed twenty-five pages in length, exclusive of table
				of contents, table of authorities, declarations, exhibits, concise statement,
				and other attachments (collectively, attachments). Reply memoranda shall not
				exceed ten pages in length (exclusive of attachments). Memoranda more than ten
				pages in length shall include a table of contents and a table of
				authorities.
(i) Dispositive
				motions, such as motions to dismiss (except for those based on jurisdiction and
				a motion to dismiss in lieu of answer), motions for judgment on the pleadings,
				or motions for summary judgment, shall be filed before the hearing on the
				merits or within the time otherwise ordered by the board.
(1) A motion to dismiss in lieu of answer
				shall be filed before the time to file an answer to a complaint has run; if
				denied in whole or in part, an answer to a complaint shall be filed within ten
				days after the board's denial whether the denial is made orally or in writing,
				or as otherwise directed by the board. Any other dispositive motion shall be
				filed after an answer has been filed or after the time to file an answer has
				run.
(2) A motion for summary
				judgment shall be accompanied by a supporting memorandum and a separate concise
				statement detailing each material fact which the moving party contends has no
				genuine issues to be tried and is essential for the board's determination of
				the motion.
(A) Any opposition to a summary
				judgment motion shall contain a separate concise statement that admits or
				disputes each material fact set forth in the moving party's concise statement,
				as well as setting forth any other material facts that the non-moving party
				contends are relevant.
(B) The
				concise statements of moving and non-moving parties shall be no more than five
				pages or one thousand five hundred words, whichever is less, and may use a
				single-space format for the presentation of facts and evidentiary
				support.
(C) In preparing a concise
				statement, the party shall reference only the material facts necessary for the
				board to determine the limited issues presented in the motion. The party shall
				include a citation to a particular declaration, exhibit, or other document
				supporting the party's interpretation of the material fact for each reference.
				The concise statement shall further specifically identify the page and portion
				of the page of the document referenced, with relevant portions of the attached
				exhibits, declaration, or exhibit highlighted or otherwise emphasized.
				Documents referenced in the concise statement may be filed in their entirety if
				the full context would be helpful to the board. If the referenced document is
				extracted, sufficient portion of the document shall be attached to put the
				matter in context.
(D) In resolving
				a motion for summary judgment, the board shall have no independent duty to
				search and consider any part of the record not otherwise referenced in the
				concise statements of the parties, or to review exhibits in their entirety;
				rather, the board may in its discretion review only those portions of the
				exhibits specifically identified in the concise statements.
(E) Material facts set forth in a moving
				party's concise statement and supported by references shall be admitted unless
				controverted by the concise statement of the non-moving party and supported by
				references.
(F) In the board's
				consideration of a motion for summary judgment, if the record establishes that
				a non-moving party is entitled to summary judgment or other relief against the
				moving party, the board may enter an order granting summary judgment or other
				relief to the non-moving party, provided the parties have been given a fair
				opportunity to be heard on the relevant issues.
(3) A hearing on a dispositive motion in a
				prohibited practice or unfair labor practice case that occurs before the
				hearing on the merits shall be deemed to satisfy the section
				377-9(b), HRS,
				requirement that the hearing on the complaint be held not less than ten nor
				more than forty days after filing of the complaint or amendment
				thereto.