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witness shall be inserted in the original subpoena, a copy of which shall be filed in the proceeding. The subpoena shall show at whose instance the subpoena is issued. (4) Fees and Mileage - Any witness summoned shall be paid the same fees and mileage as are paid to witnesses in the circuit court of the State of Hawaii, and such fees and mileage shall be paid by the party at whose request the witness appears. (5) Oath - Each witness shall be placed under oath or affirmation prior to testifying. (j) CONSOLIDATION. The Commission, upon its own initiative or upon motion, may consolidate for hearing or for other purposes, or may contemporaneously consider, two or more proceedings which involve substantially the same parties or issues which are the same or closely related if the Commission finds that such consolidation or contemporaneous consideration will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings. (k) SUBSTITUTION OF PARTIES. Upon motion and for good cause shown, the Commission may order the substitution of a party, except that in the case of death of a party, substitution may be ordered without the filing of a motion. (1) MOTIONS. (1) Timing - Motions may be made before, during, or after a hearing. (2) Form and Contents - Any motion, other than one made during a hearing, shall be made in writing to the Commission and shall state the relief sought and shall be accompanied by an affidavit or legal memorandum setting forth the grounds upon which the motion is based. (3) Service of Motions - The moving party shall serve a copy of all motion papers on all other parties and shall file with the Commission the original with proof of service. (4) Memorandum In Opposition - A memorandum in opposition or counter affidavit shall be served on all parties and the original and proof of service shall be filed with the Commission within seven days after being served with the motion. The chair of the Commission may order the memorandum in opposition to be filed earlier than the seven-day period. (5) Waiver - Failure to serve or file a memorandum in opposition to a motion or failure to appear at the hearing may be deemed a waiver of objection to the granting or denial of the motion. A party who does not oppose the motion shall notify the chair and opposing counsel or party promptly. Page 13