This form is a generic motion for partial summary judgment on the issue of liability. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
The Hawaii General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages is a legal document that allows a plaintiff in a civil lawsuit to seek a summary judgment on the issue of liability. This motion is filed when the plaintiff believes there are no genuine disputes of material fact regarding their liability in the case, and they are seeking a judgment in their favor without going through a full trial. The purpose of this motion is to save time and resources by eliminating the need for a trial on liability issues when the plaintiff believes they are entitled to judgment as a matter of law. By filing this motion, the plaintiff is asking the court to rule on the issue of liability in their favor based on the evidence and legal arguments presented. The motion begins with a detailed description of the case, outlining the parties involved, the nature of the dispute, and the relevant facts and legal issues at hand. It then presents the plaintiff's arguments as to why they are entitled to a summary judgment on the issue of liability. The document may include various relevant keywords such as: 1. Summary judgment: This refers to a legal decision made by a court without a full trial, based on the evidence and legal arguments presented by the parties. The plaintiff is seeking a summary judgment in their favor on the issue of liability. 2. Genuine disputes of material fact: This refers to disagreements between the plaintiff and the defendant regarding important facts relevant to the case. The plaintiff is asserting that there are no genuine disputes of material fact regarding their liability, suggesting that the evidence presented supports their position. 3. Entitlement to judgment as a matter of law: This phrase indicates that the plaintiff believes they are entitled to a judgment in their favor based solely on the legal arguments and evidence presented, without the need for a trial. 4. Notice of motion: This is a formal notification to the court and the opposing party that the plaintiff intends to file a motion for summary judgment on the issue of liability. 5. Separate trial on issue of damages: This refers to the plaintiff's request to have a separate trial specifically on the issue of damages, if the court grants their motion for summary judgment on liability. The plaintiff seeks to determine the amount of damages they are entitled to separately from establishing liability. There may be variations in the forms of the Hawaii General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages, depending on the specific jurisdiction or court rules. However, the overall purpose and content of the motion would remain consistent.
