Haw. Civ. Traff. R. 11

As amended through September 30, 2024
Rule 11 - Request for Hearing; Continuance; Change of Venue
(a) Request for Hearing. A defendant may request a hearing at which the defendant intends either to deny commission of the infraction(s) or admit commission of the infraction(s) but explain mitigating circumstances. If a defendant is not required to appear in person at a hearing on the infraction(s) but wishes to request a contested or mitigation hearing on the infraction(s), the defendant shall complete, sign and date the Answer to Notice and return the Answer to Notice, along with a copy of the notice of infraction, and any written statement, within twenty-one (21) calendar days of the date the notice of infraction was issued. The Answer to Notice and any written statement may be submitted in person at any district court or by mail, postmarked within twenty-one (21) days of the date the notice of infraction was issued. If the preprinted envelope and Answer to Notice form was not provided to the defendant at the time of issuance of the notice of infraction, the defendant may request a contested or mitigation hearing in person or by delivering, mailing or faxing any other writing to the court which requests a contested or mitigation hearing; such request must be made or received within twenty-one (21) calendar days from the date the notice of infraction was issued.
(b) Notice of Hearing.
(1) Infractions Other Than Parking. If the defendant is required to appear in person at a hearing on the infraction(s), the date, time and place of the hearing shall be noted on the notice of infraction.
(2) Contested Or Mitigation Hearings - Parking Infractions. If a hearing is timely requested, the court shall mail a notice of hearing to the defendant no later than thirty (30) calendar days from the date postmarked on the request or, in the case of requests submitted in person at the court, no later than thirty (30) calendar days from the date of receipt of the request. The notice of hearing shall state the date, time and place of the hearing on the infraction.
(c) Continuance. A defendant may request that a hearing on the infraction be continued by delivering, faxing or mailing a written request for continuance to the court no later than forty-eight (48) hours prior to the date and time of the hearing. If the request is granted by the court, the continued hearing shall be scheduled for a date and time that is not more than ninety (90) calendar days from the date of the originally scheduled hearing, unless otherwise agreed to by the defendant in writing.
(d) Change of Venue. A defendant may request a change of venue for hearings where no witnesses are subpoenaed. The venue change is limited to the circuit where the notice of infraction was issued.

Haw. Civ. Traff. R. 11

Amended December 8, 2005, effective 1/1/2006.