A Hawaii Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment in Domestic Relations is a legal instrument used in family court cases to address non-compliance with a court-ordered temporary judgment specifically related to mortgage payments. This motion is filed by the defendant against the plaintiff who has failed to meet their obligations regarding mortgage payments as outlined in the temporary judgment. Below are different types of scenarios where this motion may be applicable: 1. Failure to Make the Required Mortgage Payment: In this case, the plaintiff has been ordered by the court to make one-half of the mortgage payment but has failed to comply with the temporary judgment. The defendant can file a motion to cite the plaintiff for contempt to address this non-compliance. 2. Intentional Non-Payment of Mortgage: This type of motion is appropriate when there is evidence that the plaintiff intentionally chooses not to make the required one-half mortgage payment. The defendant can claim that the plaintiff is deliberately withholding payment, possibly to cause financial harm or frustration. 3. Genuine Financial Hardship: Sometimes, the plaintiff may genuinely face financial difficulties and are unable to make the required mortgage payment. In such cases, the defendant should provide evidence to the court showing that the plaintiff's financial hardship claims are unsubstantiated or that the plaintiff has made no effort to communicate or negotiate alternatives. 4. Repeated Violations: If the motion to cite the plaintiff for contempt is not the first time the defendant is bringing such an allegation, it may be considered a repeated violation. This scenario highlights a pattern of non-compliance with court-ordered payments, suggesting that the plaintiff is intentionally disregarding the temporary judgment. 5. Motion for Additional Remedies: Apart from holding the plaintiff in contempt, the defendant may also request additional remedies to address the non-compliance. These can include attorney's fees, modifications to the temporary judgment, or even more severe consequences for repeated or intentional violations. In summary, a Hawaii Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment in Domestic Relations is a legal tool used to hold the plaintiff accountable for failing to adhere to court-ordered obligations concerning mortgage payments. There can be various scenarios and factors influencing the motion, such as intentional non-payment, genuine financial hardship, repeated violations, or requests for additional remedies.
Hawaii Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations
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Parties may obtain discovery regarding any matter, not privileged, or otherwise protected by law, 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, ...
Rule 59(e) of the Hawai'i Family Court Rules sets forth the requirements for motions to reconsider, alter or amend a judgment or order. At the time this rule was originally promulgated, the statute required that a motion for reconsideration be filed prior to taking an appeal in a Chapter 587 case.
Any party may serve on any other party a request (l) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information ...
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from any or all of the provisions of a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due ...
Rule 37 - Failure to Make or Cooperate in Discovery; Sanctions (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) APPROPRIATE COURT.
When the court directs entry of judgment in any case, the court shall order the prevailing party or the clerk to prepare such judgment of the court.
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.
A voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this rule shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing. (d) Reserved. (e) Dismissal for want of prosecution or service.