Hawaii Motion To Dismiss and Notice of Motion is a legal document filed by the defendant in a civil case in Hawaii in order to request that the court dismiss the plaintiff’s case. The motion typically includes an explanation of why the defendant believes the case should be dismissed and a request for the court to rule in favor of the defendant without further proceedings. The Notice of Motion is a document that notifies the plaintiff and other parties of the defendant’s motion to dismiss and includes the date, time, and place of the hearing on the motion. There are three types of Hawaii Motion To Dismiss and Notice of Motion: Demurrer, Motion to Strike, and Motion for Summary Judgment. A Demurrer is a motion brought to challenge the legal sufficiency of the complaint, while a Motion to Strike is a motion that seeks to have certain parts of the complaint removed or struck from the record. Finally, a Motion for Summary Judgment is a motion that requests that the court rule in favor of the defendant without going to trial.
Hawaii Motion To Dismiss and Notice of Motion
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If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the
Rule 56 - Summary Judgment (a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
A subpoena may be served at any place within the State. A subpoena may be served: (1) anywhere in the State by the sheriff or deputy sheriff or by any other person who is not a party and is not less than 18 years of age; or (2) in any county by the chief of police or a duly authorized subordinate.
Rule 7 - Form of Motions (a) Form. All motions, except when made during a hearing or trial, shall be in writing, shall state the grounds therefor, shall set forth the relief or order sought, and if involving a question of law shall be accompanied by a memorandum in support of the motion.
HFCR rule 68 authorizes the family court to award attorney's fees and costs in certain types of cases to a party that extends a settlement offer if the offer is not accepted and the final judgment in its entirety is patently not more favorable to the offeree than the settlement offer.
Rule 35 - Physical and Mental Examination of Persons (a) Order for examination. In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order that party to submit to a physical or mental examination by a physician.