Hawaii Complaint for Declaratory Judgment

State:
Multi-State
Control #:
US-01599
Format:
Word; 
Rich Text
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This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.

A Hawaii Complaint for Declaratory Judgment is a legal document filed in Hawaii state court that seeks a judicial determination or clarification on a specific matter or legal issue. It is often used when there is uncertainty or disagreement between parties regarding their legal rights, obligations, or the interpretation of a contract, statute, or other legal document. Keywords: 1. Hawaii: This refers to the state where the complaint is filed, indicating that it falls under the jurisdiction of Hawaii state court. 2. Complaint: This term signifies the formal legal document that initiates the lawsuit and outlines the plaintiff's claims and the relief sought. 3. Declaratory Judgment: This type of judgment is sought to establish the parties' legal rights and responsibilities without awarding damages or directing any specific action. 4. Legal issue: This highlights the subject of the dispute that requires a court's clarification or determination. 5. Interpretation: It refers to the process of understanding and assigning meaning to the provisions of contracts, laws, or legal documents. 6. Contract: Contracts play a significant role in disputes that may require a declaratory judgment, as parties may be seeking clarification on their rights and obligations under the terms of an agreement. Types of Hawaii Complaint for Declaratory Judgment: While there are no specifics named types of Hawaii Complaint for Declaratory Judgment, the lawsuits can vary depending on the nature of the dispute: 1. Insurance: A complaint may be filed when there is a disagreement between an insured party and an insurance company regarding the terms or coverage of an insurance policy. 2. Land Use: Property owners or developers may file a complaint seeking clarification on land use regulations, zoning restrictions, or dispute over permits or licenses. 3. Intellectual Property: Companies or individuals involved in intellectual property disputes may file a complaint to determine the scope, validity, or infringement of copyrights, trademarks, or patents. 4. Employment: A complaint may be filed by an employee or employer to obtain a declaration on matters such as the interpretation of employment contracts, non-compete clauses, or employee rights. 5. Family Law: Parties involved in matters like child custody, division of assets, or prenuptial agreements may seek a declaratory judgment for clarification on their legal rights and obligations. 6. Constitutional Issues: A complaint may be filed to challenge the constitutionality of a law, seeking a declaratory judgment to determine its legality or effect. In summary, a Hawaii Complaint for Declaratory Judgment is a legal document filed in Hawaii state court to request a judicial determination or clarification on a specific legal issue or matter. It is used to resolve disputes or uncertainties surrounding contracts, laws, regulations, or other legal documents, with various types of complaints depending on the nature of the dispute.

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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 a cross-action has been pleaded by an adverse party prior to the service upon the adverse party of the motion to dismiss, the action shall not be dismissed against the objection of the adverse party unless the cross-action can remain pending for independent adjudication by the court.

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.

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 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.

Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.

41. Rule 41 - Search and Seizure (a) Authority to issue warrant. Except as otherwise provided by statute, a search warrant may be issued by any district or circuit judge (1) within the circuit wherein the property sought is located; or (2) within the circuit where the property is anticipated to be located.

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 ...

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This action for declaratory judgment has been heard by the Court, the Honorable, presiding. The arguments of the parties having been duly heard. Mar 11, 2016 — (b) A farmer or landowner with lands qualifying under section. 205-45, HRS, may file a petition for declaratory order to designate the lands as ...Feb 14, 2020 — ... the State Auditor and the Office of the. Auditor), the State Auditor claims that “it is our position that we are entitled to the complete,. DECLARATORY RELIEF. §12-46-61 Contents of petition for declaratory relief. The commission's executive director or any interested person may petition the ... Form 18 - Complaint for Interpleader and Declaratory Relief 1. Allegation of residence of parties. 2. On or about June 1, 1950, plaintiff issued to G. H. a ... Aug 9, 2016 — you for the relief demanded in the Complaint. This summons ... from the privilege of obtaining a declaratory judgment in any case where the other. Motion to Dismiss the Second Amended Complaint or, in the Alternative, for Partial Summary. Judgment (“Defendants' Motion”) and Plaintiffs filed a Motion for ... ORDER DENYING MOTION TO DISMISS. I. INTRODUCTION. This is a diversity action involving insurance coverage. Janet J. Anderson sued Abner K. Gomez and ... Relief by declaratory judgment may be granted in civil cases where an actual controversy exists between contending parties, or where the court is satisfied that ... Pro Se 1, Complaint for a Civil Case. Pro Se 2, Complaint and Request for Injunction. Pro Se 3, Defendant's Answer to the Complaint.

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Hawaii Complaint for Declaratory Judgment