PROCEDURES IN THE DISTRICT COURT OF THE FIRST CIRCUIT FOR CRIMINAL AND TRAFFIC CASES

This rule shall apply to criminal and traffic cases in the district court of the first circuit. (a) Request for discovery; motion to compel discovery. (1) If discovery is sought of the kinds of materials that would be discoverable in circuit court felony cases as of right pursuant to Rules 16(b) and 16(c) of the Hawai‘i Rules of Penal Procedure, a request for informal discovery shall be made directly to the opposing side within 21 days after the defendant's plea of not guilty, provided that the court for cause shown may extend the time for filing a request in a given case, and further provided that the administrative judge may by general order direct that in all criminal and traffic cases, or in specified types of cases, requests for discovery may be made within a given number of days exceeding 21 days after plea. A request for discovery shall be in writing, shall cite the authority for the discovery and shall list the specific materials being sought. Unless otherwise ordered, the request shall not be filed with the court. (2) If a timely request for discovery is unsuccessful, a motion to compel discovery may be filed, showing materiality and reasonableness of the requested discovery pursuant to Rule 16(d) of the Hawai‘i Rules of Penal Procedure and seeking pursuant to that rule a discretionary order compelling discovery. Unless otherwise ordered for good cause shown, a motion to compel discovery shall establish that a previous timely request for discovery was made. The motion shall be filed within the time provided in subsection (b) of this rule. (b) Pretrial motions governed by Rule 12 of the Hawai‘i Rules of Penal Procedure; time for filing . (1) Pretrial motions in the nature of those motions enumerated in Rule 12(b) of the Hawai‘i Rules of Penal Procedure, such as but not limited to motions to compel discovery and motions to suppress, but not including motions in limine made at the date and time of trial of the matter, shall be made in writing and filed with the clerk of court, unless made orally with the permission of the court during another pretrial hearing in the case. In applying Rule 12(c) of the Hawai‘i Rules of Penal Procedure, which requires that pretrial motions shall be made within 21 days after arraignment unless otherwise directed by the court, the administrative judge may by general order direct that in all criminal and traffic cases, or in specified types of cases, pretrial motions may be made within a given number of days exceeding 21 days after the plea of not guilty. (2) Pursuant to Rule 12(f) of the Hawai‘i Rules of Penal Procedure, failure by a party to make a pretrial motion within the time specified in Rule 12(c) of the Hawai‘i Rules of Penal Procedure, or within any additional time specified by general order of the administrative judge, or within an extension granted by the court in a specific case, shall constitute a waiver of any defenses, objections or requests required to be raised prior to trial, but the court for cause shown may grant relief from the waiver. (c) Form and contents of pretrial motions and motions for continuance; service . All pretrial motions and motions for continuance lacking the concurrence and approval of opposing parties or their counsel shall be in writing and supported by affidavit, with a notice of hearing attached. Such motions shall be served on opposing counsel not less than 72 hours before the time specified for the hearing, unless a different time is fixed by order of the court. Such an order may for cause be made on ex-parte application. Any affidavits in support of the motion shall be served with the motion; and an opposing affidavit may be served not less than 24 hours preceding the hearing, unless the court permits service at some other time. (d) Stipulated continuances of trial date. The administrative judge may by general order direct that stipulated motions for continuance filed up to a specified number of days prior to trial shall be deemed approved without the express approval or signature of the court. Stipulated motions for continuance filed after the date specified in any such general order shall be effective only if expressly approved by the court. Any stipulation for continuance shall comply with Rule 19(b) of these rules by specifying the currently scheduled trial date and by reciting the dates of any previous continuances. (Added May 13, 1986, effective June 1, 1986.) APPENDIX A (Added October 21, 2005, effective January 1, 2006; amended February 2, 2009, effective nunc pro tunc Januuary 1, 2009.) Parking Infraction(s) APPENDIX B ( Added February 2, 2009, effective nunc pro tunc January 1, 2009.) Traffic Infraction(s)