Hawaii Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel

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Multi-State
Control #:
US-MOT-01421
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.

In legal proceedings, a Defendant's Motion for Protective Order in Hawaii refers to a formal request filed by the defendant to prevent the disclosure of certain information or evidence during the lawsuit process. This motion acts as a shield, intended to protect the defendant from unfair or burdensome requests made by the plaintiff. One situation where a Defendant's Motion for Protective Order may be filed is when the plaintiff seeks to compel the defendant to produce documents or engage in discovery that the defendant considers to be confidential, proprietary, or privileged information. By submitting this motion, the defendant is essentially asking the court to intervene and prevent the plaintiff from obtaining such sensitive materials. In response to the defendant's motion, the plaintiff may file a counter-motion challenging the protective order, commonly known as the Response to Plaintiff's Motion to Compel. This response aims to convince the court that the requested information is vital for the case and should not be protected by a seal of confidentiality. Now, let's explore some variations or types of Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel in Hawaii: 1. Motion for Protective Order — Confidential Business Information: In cases where the defendant possesses trade secrets or other proprietary business information, this motion can be filed to protect against the disclosure of such sensitive material. The defendant argues that the release of this information could harm their business operations or competitiveness if it falls into the hands of competitors. 2. Motion for Protective Order — Personal Privacy: If the defendant believes that the plaintiff's discovery requests infringe upon their personal privacy rights, they can file a motion seeking to protect their private information. This may include medical records, financial information, or any other personal matters that are not directly relevant to the case. 3. Motion for Protective Order — Attorney-Client Privilege: When the requested information involves communications between the defendant and their attorney, a motion is filed to assert attorney-client privilege. This motion seeks to safeguard the confidential nature of discussions and documents exchanged between the defendant and their legal counsel. In response to each of these motions, the plaintiff may file a corresponding Response to Plaintiff's Motion to Compel. For example, if the defendant files a Motion for Protective Order — Confidential Business Information, the plaintiff's response would argue why the requested information is critical for the case and outweighs any claims of confidentiality. It is essential to note that the specifics of these motions and responses may vary depending on the particular circumstances of the case and any applicable laws or rules established by the court or jurisdiction. Experienced legal professionals should be consulted to ensure the correct procedures and arguments are followed.

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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.

Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS. (a) Motion for order compelling discovery. (1) Appropriate court.

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.

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.

On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or expense.

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.

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 ...

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If the motion for a protective order is denied in whole or in part, the ... compel discovery or for a protective order, the person responding to a subpoena ... An opposing party may serve and file counter affidavits and a memorandum in opposition to the motion, which shall be served and filed not less than 8 days ...Aug 14, 2009 — addressed in the Motion for Protective Order after Defendants respond to Plaintiff's First Request for Production of Documents. Defendants ... Feb 22, 2017 — ... (2) PLAINTIFF'S. SECOND MOTION TO QUASH SUBPOENAS AND FOR THE ENTRY OF A PROTECTIVE. ORDER; AND (3) DEFENDANTS' MOTION TO COMPEL DISCOVERY. 49 ... Dec 8, 2017 — On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not rea-. Be ready to file a motion to compel at the final status conference or in the days leading up to trial on an ex parte basis if new information is obtained ... Rule 26(c) generously permits “for good cause shown” the making of “any order which justice requires” to protect against annoyance, embarrassment or undue ... The Court ordered: the parties to meet and confer regarding outstanding discovery by March 23, 2007; Plaintiff to file "any motion regarding outstanding ... 1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. · 2. File the forms. Turn in your completed forms by mail or ... On June 17, 2008, Defendant filed a motion for protective order as to request nos. 1-5 of the RPOD, which the Court granted. On October 20, 2008, Defendant ...

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Hawaii Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel