Hawaii Withhold Issuance of Service of Process Request

State:
Multi-State
Control #:
US-FED-0047
Format:
Word
Instant download

Description

This form is for use in handling a procedural matter in a federal court proceeding.

Hawaii Withhold Issuance of Service of Process Request is a legal procedure that refers to the act of temporarily suspending or halting the delivery of legal documents, known as service of process, to an individual or entity in the state of Hawaii. This request, commonly filed in court, aims to prevent the defendant or respondent from receiving legal notices, summonses, or subpoenas during a specific period. This type of request can be made for various reasons, including safeguarding the rights of the individual or entity involved, providing time for legal representation, or ensuring compliance with procedural requirements. By initiating a Hawaii Withhold Issuance of Service of Process Request, the person filing seeks a pause in the legal proceedings, giving them an opportunity to address potential concerns or issues before being formally served. Different types of Hawaii Withhold Issuance of Service of Process Requests may include: 1. Temporary Stay: This type of request temporarily suspends the service of process for a specific period, often granted to allow the respondent the chance to obtain legal representation or gather necessary information. 2. Protective Order: A protective order may be sought to withhold the issuance of service of process when there are legitimate concerns regarding the safety, privacy, or well-being of the individual being served. This order aims to prevent potential harm or harassment. 3. Motion to Quash: If the person or entity being served believes that the service of process is improper, they can file a motion to quash. This request challenges the validity or legality of the service and may result in a withheld issuance until the court decides on the matter. 4. Request for Alternative Service: In certain situations where the traditional methods of service are impractical or ineffective, a request for alternative service may be made. This allows the respondent to propose an alternative method of delivery that still meets the legal requirements. 5. Time Extension: Sometimes, complex legal matters or exceptional circumstances necessitate more time to respond adequately. The Hawaii Withhold Issuance of Service of Process Request can include a request for a time extension, providing the individual or entity with additional time before they must be officially served. It is essential to note that the Hawaii Withhold Issuance of Service of Process Request does not permanently exempt an individual or entity from the legal proceedings. It only allows for a temporary pause. Once the specified period elapses or the court reviews and decides on the matter, the service of process will resume as required by the law to ensure due process is served.

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With the approval of the court and the consent of the State, a defendant may enter a conditional plea of guilty or no contest, reserving in writing the right, on appeal from the judgment, to seek review of the adverse determination of any specific pretrial motion.

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.

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.

11. Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.

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 ...

A subpoena may be served: (1) anywhere in the State by the sheriff or the sheriff's deputy 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 the chief's duly authorized subordinate.

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

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Upon request of the plaintiff separate or additional summons shall issue against any defendants. (b) Same: Form. The summons shall. (1) be signed by the ... Service by mail is complete upon mailing. Service by facsimile, if the court has entered an order allowing facsimile service in the case, is complete upon ...Rule 4 Process. (a) Summons – Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the ... Sufficiency of request for issuance of process. 22 H. 723 (1915). "Any person" includes municipal corporation. 23 H. 564 (1916). Judgment concludes "trial ... (f). A licensee who resides in another state or country shall be subject to receipt of service of process by the principal broker or broker-in-charge on the. (1) Proof of service of a notice to take a deposition as provided in Rules 30(b) and 31(a) constitutes a sufficient authorization for the issuance by the clerk ... The summons shall (1) be signed by the clerk, under the seal of the court, (2) contain the name of the court, the names of the parties, and the date when issued ... It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must ... Aug 19, 2020 — Do not file the proposed summons as an attachment to the electronically filed complaint. ... please call the PACER Service Center. Hours are 8:00 ... ... Hawaii or call at (808) 538-5151. Fill out and sign the "Claim of Plaintiff" form and pay the filing fee;. The form must include the following: If you are ...

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Hawaii Withhold Issuance of Service of Process Request