This form is a generic motion for summary judgment. 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.
A Motion for Summary Judgment by a defendant with Notice of Motion is a legal procedure in Hawaii that allows a defendant to request the court to rule in their favor without proceeding to trial. This motion aims to prove that there are no genuine disputes of material fact and that the defendant is entitled to judgment as a matter of law. Here is a detailed description of the different types of Hawaii Motion for Summary Judgment by Defendant with Notice of Motion: 1. Hawaii Motion for Summary Judgment by Defendant with Notice of Motion: This type of Motion for Summary Judgment is filed by the defendant in a civil case to ask the court to rule in their favor and dismiss the claims made by the plaintiff before trial. The defendant asserts that there are no factual disputes that require trial or that even if the facts are taken as true, the plaintiff cannot win the case as a matter of law. 2. Hawaii Motion for Summary Judgment on Statute of Limitations Grounds: In this type of motion, the defendant argues that the plaintiff's claim is time-barred due to the expiration of the statute of limitations. The defendant presents evidence to establish that the plaintiff failed to file their claim within the specified time limit, therefore requesting the court to dismiss the case. 3. Hawaii Motion for Summary Judgment based on Lack of Evidence: Here, the defendant argues that the plaintiff lacks sufficient evidence to support their claims. The defendant seeks to demonstrate that, even if all the facts alleged by the plaintiff are true, there is no evidence to support their legal claims. This type of motion challenges the sufficiency of the evidence presented by the plaintiff. 4. Hawaii Motion for Summary Judgment for Failure to State a Claim: In this motion, the defendant contends that even if all the facts alleged by the plaintiff are true, they still fail to establish a legal basis for their claims. The defendant argues that the plaintiff's complaint does not state a valid cause of action under the applicable law and requests the court to dismiss the case. 5. Hawaii Motion for Summary Judgment on the Grounds of Immunity: This type of motion is filed when the defendant asserts that they are entitled to immunity from liability or suit based on a specific legal doctrine or provision. The defendant presents evidence and legal arguments to demonstrate that they are protected under the given immunity and that the case should be dismissed. These various types of Hawaii Motion for Summary Judgment by Defendant with Notice of Motion provide defendants with the opportunity to present legal arguments and evidence to convince the court to rule in their favor, leading to the dismissal of the claims made against them before going to trial.
