Motion To Set Aside Default Judgment For Traffic Infraction Hawaii

State:
Multi-State
Control #:
US-01526BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Set Aside Default Judgment for Traffic Infraction Hawaii is a legal form designed to allow defendants, who have defaulted, to request that a court vacate a previous judgment against them regarding traffic violations. This form is particularly useful for individuals seeking a second chance to contest their case, as it enables them to present their defenses after a default has been entered. Key features of the form include sections for both the plaintiff's and defendant's details, stipulations for vacating the judgment, and space for signatures from both parties' attorneys. Filling out the form requires the identification of the court, county, and state, as well as the case number and names of the involved parties. Legal professionals like attorneys, paralegals, and legal assistants find this form essential as it helps navigate the complexities of traffic law and provides a procedural path for defendants to assert their rights. Additionally, it promotes equitable justice by allowing individuals an opportunity to challenge defaults that may have occurred due to extenuating circumstances. This form should be filed promptly to comply with court timelines and to ensure that the matter is addressed without unnecessary delays.
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FAQ

The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.

Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.

Rule 15 - Default Judgment and Stopper (a) Entry of Judgment. A default judgment may be entered when the defendant fails to answer or respond to the notice of infraction within twenty-one (21) calendar days from the date the notice of infraction was issued, or fails to appear at any scheduled hearing.

Challenging Your HI Traffic Ticket Requesting an in-court hearing. Fill out all appropriate areas of your traffic ticket. Mail the ticket to the proper court. Submitting a written statement for review. Write a brief, factual statement about the incident. Include any photographs or other evidence.

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

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Motion To Set Aside Default Judgment For Traffic Infraction Hawaii