Hawaii Motion for Leave to Amend Complaint to Conform to the Evidence

State:
Multi-State
Control #:
US-02525
Format:
Word; 
Rich Text
Instant download

Description

This form is a model motion to amend the complaint to conform to the evidence. A complaint may not always include all possible allegations covered by evidence presented at trial, and courts often allow the complaint to be amended to conform to the evidence.
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FAQ

(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

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

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

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 ...

Rule 25.1 - Withdrawal, Substitution, and Appearance of Counsel (a) Except as provided in Rule 10(c) of the Rules of the Circuit Courts, withdrawal and substitution of counsel in cases pending before the circuit courts shall be effective only upon the approval of the court and shall be subject to the guidelines of Rule ...

Rule 30 - Depositions upon Oral Examination (a) When Depositions May Be Taken; When Leave Required. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.

As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.

Unless the court otherwise directs and subject to the provisions of Rule 54 of these rules and Rule 23 of the Rules of the Circuit Courts, the prevailing party shall prepare and submit a proposed judgment.

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.

A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. COMMENTS: Adopts HRCP Rule 13(c) verbatim.

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Hawaii Motion for Leave to Amend Complaint to Conform to the Evidence