An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Hawaii Order Setting Aside Dismissal for Want of Prosecution: A Comprehensive Description Introduction: A Hawaii Order Setting Aside Dismissal for Want of Prosecution refers to a legal ruling that revokes a previous dismissal due to the lack of prosecution in a case or an extended period of inactivity. This order provides a chance for the plaintiff to restart or continue the legal proceedings by reinstating their case. The state of Hawaii recognizes this remedy to ensure justice is not unjustly denied to individuals who have failed to actively pursue their claims. Types of Hawaii Orders Setting Aside Dismissal for Want of Prosecution: 1. Statutory Grounds: Under the Hawaii Revised Statutes, specifically § 521-38, the court has the authority to set aside dismissals, known as "nolle prosequi," on statutory grounds. This provision allows a dismissal to be reversed if the plaintiff can demonstrate a justifiable cause for their inaction, such as illness, emergency, or other valid reasons beyond their control that prevented them from pursuing the case. 2. Excusable Neglect: Hawaii courts may grant an order setting aside dismissal for want of prosecution based on the concept of "excusable neglect." If a plaintiff can provide a valid reason for their failure to prosecute the case within the specified timeframes, usually due to an unintended or excusable mistake, the court may exercise its discretion to reinstate the case. 3. Lack of Notice: If a dismissal was granted without proper notice to the plaintiff or their legal representative, the court may set aside the dismissal. In this scenario, the lack of notice may have led to the failure to actively prosecute the case, warranting the court's intervention to restore the original proceedings. Procedure for Obtaining an Order Setting Aside Dismissal for Want of Prosecution: To seek an order setting aside dismissal for want of prosecution in Hawaii, certain key steps are generally followed: 1. Filing a Motion: The plaintiff or their legal counsel must file a motion with the court requesting the order to be set aside. The motion should include a detailed explanation of the reasons for the previous lack of prosecution and the grounds on which the request is being made, such as statutory provisions or excusable neglect. 2. Supporting Documentation: To strengthen the motion, the plaintiff may attach supporting documentation, such as medical records, affidavits, or any other evidence that substantiates the claim of a justifiable cause for the lack of prosecution. 3. Notice to All Parties: All parties involved in the case must be properly served with a copy of the motion and supporting documents. This ensures that all parties are aware of the request and have an opportunity to respond to it if they choose to do so. 4. Legal Hearing: The court will hold a hearing to review the motion and consider any objections or responses from opposing parties. This hearing allows all parties involved to present their arguments and justifiable causes, providing the court with more context before making a decision. 5. Court's Ruling: Based on the presented evidence and arguments, the court will issue a ruling either granting or denying the order setting aside dismissal for want of prosecution. If the order is granted, the case will generally be reinstated, allowing the plaintiff to move forward with their legal claims. Conclusion: A Hawaii Order Setting Aside Dismissal for Want of Prosecution serves as an essential legal remedy for individuals who have faced a case dismissal due to inactivity or lack of active prosecution. Understanding the different types and procedures associated with this order can help plaintiffs navigate the legal system effectively while ensuring that justice is not unduly denied.
