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Hawaii Sample Letter regarding Order Granting Motion for Leave to File a Separate Amended Complaint

State:
Multi-State
Control #:
US-0109LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State ZIP Code] [Email Address] [Phone Number] [Today's Date] [Court Address] [City, State ZIP Code] Re: Case No. [Case Number] [Judge's Name] [Your Name] vs [Defendant's Name] Order Granting Motion for Leave to File a Separate Amended Complaint Dear Judge [Judge's Last Name], I hope this letter finds you in good health. I am writing to request an Order Granting Motion for Leave to File a Separate Amended Complaint in the aforementioned case. I am the plaintiff in this case and respectfully request your approval for the filing of a separate amended complaint. Furthermore, I believe that it is necessary to separate our claims into distinct amended complaints due to the complexity and diversity of the issues involved. The original complaint, while comprehensive, fails to adequately address certain legal aspects that have come to light during the discovery process. The proposed separate amended complaint will provide a more organized and focused approach to communicating the facts and claims of the case to the court. By separating the claims, it will facilitate a clearer presentation of our arguments and ensure that all relevant information is properly considered by the court. The amended complaint will entail two sections, each focusing on different causes of action. This bifurcation will significantly enhance the presentation of evidence and streamline the judicial process. Section One of the amended complaint will address [describe the key issues and causes of action that will be covered]. This will include detailed allegations regarding [provide specific details]. Section Two will focus on [describe the additional issues and causes of action that will be covered]. This section will provide a comprehensive account of [provide specific details]. In light of these circumstances, I kindly request your permission to file these separate amended complaints. I assure you that this request is not intended to unnecessarily prolong the legal proceedings but rather to ensure all pertinent matters are fully addressed and justice is served. I have provided a draft of the proposed amended complaint for your review and consideration. Your honor, your guidance and approval in this matter will be greatly appreciated. Thank you for your attention to this request. I look forward to your favorable response. Sincerely, [Your Name]

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FAQ

If you fail to file your written answer within the 20-day time limit, further action may be taken in this case, including judgment for the relief demanded in the Complaint, without further notice to you.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Leave to amend a pleading may be sought at any time. Leave to add, strike out, or correct the name of a party may be sought on ex parte application. Leave to make other amendments requires a noticed motion. Amendment as a matter of right is made by filing and serving the amended pleading.

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.

If you need to add important information to your civil complaint then you can ask for permission. This permission takes the form of a 'Motion for Leave to Amend Complaint'. There are several reasons to amend (such as new evidence, new cause of action, etc.).

If you fail to file your written answer within the 20-day time limit, further action may be taken in this case, including judgment for the relief demanded in the Complaint, without further notice to you.

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.

Leave to amend a pleading shall be liberally granted in furtherance of the ends of justice. In granting leave to amend, the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper.

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Hawaii Sample Letter regarding Order Granting Motion for Leave to File a Separate Amended Complaint