How to Postpone a Small Claims Hearing in Hawaii

Your Hawaii small claims hearing is scheduled and you can't be there — a work trip, a medical procedure, a family emergency. Calling the court clerk to ask for a new date won't work. An unfiled letter won't work either. You need to file a formal motion, and you need to do it right.

The Continuance Motion Process

To postpone a Hawaii small claims hearing, file a Non-Hearing Motion for Continuance. The form number depends on your circuit: Form 1DC11 for the First Circuit (Oahu) or Form 3DC11 for the Third Circuit (Hawaii Island). If your case is in another circuit, confirm the correct form with that court. The motion has no filing fee.

In the motion, you need to:

• State the specific reason you can't attend on the scheduled date
• Explain whether you contacted the opposing party and whether they consent to the postponement
• Disclose how many continuances have already been granted in the case

Official court guidance says to submit the motion at least 10 days before your hearing date. This gives the judge time to review it and the opposing party time to file a response (10 days if hand-delivered, 12 days if mailed in the First Circuit; 5 and 7 days respectively in the Third Circuit).

There's an alternative if both parties agree to the postponement: file a Stipulation for Continuance (Form 1DC12 in the First Circuit or 3DC12 in the Third Circuit), which both parties sign. Confirm the correct form with the court in other circuits, and wait for court confirmation before treating the original date as changed.

The Critical Rule: Your Original Date Still Stands

Filing a continuance motion does not automatically reschedule your hearing. This catches people off guard. You are legally required to appear at the original date and time unless a judge has formally signed an order granting the continuance.

That means if you file the motion three days before the hearing, you can't assume the judge will have reviewed and granted it by then. If you don't show up and the motion hasn't been granted, the judge can enter a default judgment against you — and you'll be dealing with the 10-day set-aside process instead.

The safest approach: file the motion well before the 10-day guideline, then check with the court clerk a few days before the hearing to confirm whether the judge has signed the order.

What Qualifies for a Continuance

Judges have broad discretion. Explain the specific reason you cannot attend; travel, medical appointments, and conflicting court appearances are examples, but none guarantees a continuance. "I need more time to prepare" alone does not ensure more time, since the small claims format is informal and doesn't require written filings.

Repeated continuance requests by the same party signal delay tactics, and judges track the count. Your first request gets more goodwill than your third.

If Your Continuance Is Denied

You show up on the original date. Explain any changed circumstances to the judge, but don't assume another postponement will be granted. Bring whatever evidence you have, even if your preparation feels incomplete — a partial defense is better than a default judgment.

The Responding to a Small Claims Case in Hawaii guide includes the continuance filing timeline, what to include in your motion, and a deadline calendar tracker that maps every critical date from service to hearing.

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