A defendant may object to lack of jurisdiction over the person because of defects in the form or contents of process or in the service of the process by a Motion to Quash or a motion or set aside the process or service of the process. The defense of insufficiency of process or insufficiency of service of process may, at the option of the pleader, be raised either in the responsive pleading or by motion. A motion making these defenses must be made before pleading (e.g., answering the complaint).
This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Hawaii Motion of Defendant to Quash Service of Process is a legal document filed by a defendant in a lawsuit, requesting the court to invalidate or dismiss the service of process that was served on them. This motion is typically filed when the defendant believes that the served documents were not properly delivered, there were jurisdictional issues, or the plaintiff failed to adhere to the proper legal procedures. In Hawaii, there are two primary types of motions that fall under the Motion of Defendant to Quash Service of Process: 1. Motion to Quash Service of Process: This motion is filed when the defendant believes that the service of process was improperly carried out or did not comply with the required legal standards. The defendant may argue that to summon was not delivered to the correct individual, address, or was not served within the specified time frame. This motion requests the court to dismiss or declare the service of process invalid. 2. Motion to Quash for Lack of Personal Jurisdiction: This motion is filed when the defendant argues that the court lacks personal jurisdiction over them, meaning they are not subject to the court's authority. The defendant may claim that they do not have sufficient contacts within the jurisdiction or that the lawsuit does not arise from their activities within that jurisdiction. This motion seeks to dismiss the case based on a lack of personal jurisdiction. Keywords: Hawaii, Motion of Defendant, Quash, Service of Process, legal document, defendant, lawsuit, invalidate, dismiss, delivered, jurisdictional issues, legal procedures, improper, summon, time frame, address, lack of personal jurisdiction, contacts, authority.
