Hawaii Motion for Order of Remand for further consideration

State:
Multi-State
Control #:
US-MOT-01423
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.

Title: Hawaii Motion for Order of Remand for Further Consideration: Explained in Detail Introduction: In legal proceedings, a Hawaii Motion for Order of Remand for Further Consideration is a crucial legal tool that aims to request a court to send a case back to the lower court for reconsideration. This motion is typically filed when a party believes that the previous decision was incorrect or unjust. This article will delve into the specifics of a Hawaii Motion for Order of Remand, its significance, and the different types that can exist. I. Understanding the Hawaii Motion for Order of Remand: 1. Definition: A Hawaii Motion for Order of Remand for Further Consideration is a formal request made by a party involved in a legal case to have it sent back to the lower court to be reconsidered. 2. Purpose: This motion aims to highlight any perceived errors or lack of justice in the previous decision and convince the court to re-review the case. 3. Legal Basis: This motion is typically grounded in Hawaii's civil procedure rules and supported by relevant case law. II. Key Elements of the Motion for Order of Remand: 1. Grounds for Remand: The party filing the motion must clearly outline specific grounds upon which they believe the previous decision was flawed or unjust. 2. Supporting Arguments: The motion should include detailed legal analysis and relevant evidence to substantiate the claim of an erroneous decision. 3. Relief Sought: The requesting party should clearly state the specific relief they are seeking upon the case's remand to the lower court. III. Types of Hawaii Motion for Order of Remand for Further Consideration: 1. Procedural Errors: This type of motion focuses on highlighting errors made in the legal procedure during the initial trial or hearing, which may have impacted the outcome. 2. New Evidence: If new evidence comes to light following the initial decision, this motion seeks to present that evidence and request a remand for reconsideration. 3. Misinterpretation of Law: When the party believes that the court incorrectly interpreted or applied the law in the original decision, this motion can be filed to request reconsideration. 4. Lack of Due Process: This type of motion contends that the party's right to due process was violated during the trial, warranting further consideration and potential remand. Conclusion: A Hawaii Motion for Order of Remand for Further Consideration serves as a powerful tool for challenging a previous decision in a legal case. By meticulously outlining the errors and offering supporting arguments, a requesting party can convincingly demonstrate the need for a remand. Whether due to procedural errors, misinterpretation of the law, introduction of new evidence, or violations of due process, this motion seeks to ensure justice prevails in legal matters.

How to fill out Motion For Order Of Remand For Further Consideration?

You are able to devote hours online searching for the lawful file design that suits the state and federal needs you want. US Legal Forms provides a large number of lawful types which are examined by professionals. You can actually down load or print out the Hawaii Motion for Order of Remand for further consideration from our support.

If you already have a US Legal Forms accounts, you are able to log in and click the Obtain option. Next, you are able to total, change, print out, or sign the Hawaii Motion for Order of Remand for further consideration. Each and every lawful file design you purchase is your own property permanently. To acquire an additional copy for any obtained develop, check out the My Forms tab and click the corresponding option.

Should you use the US Legal Forms website the first time, keep to the simple instructions listed below:

  • First, make sure that you have selected the right file design for that state/town that you pick. Read the develop explanation to ensure you have selected the correct develop. If accessible, take advantage of the Preview option to appear through the file design at the same time.
  • If you wish to discover an additional edition of your develop, take advantage of the Research field to find the design that meets your requirements and needs.
  • Once you have discovered the design you need, just click Acquire now to move forward.
  • Choose the rates prepare you need, type your references, and register for a merchant account on US Legal Forms.
  • Complete the transaction. You can use your charge card or PayPal accounts to purchase the lawful develop.
  • Choose the format of your file and down load it to your system.
  • Make adjustments to your file if required. You are able to total, change and sign and print out Hawaii Motion for Order of Remand for further consideration.

Obtain and print out a large number of file web templates utilizing the US Legal Forms web site, which provides the biggest assortment of lawful types. Use specialist and express-particular web templates to deal with your small business or personal requirements.

Form popularity

FAQ

An action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before the return date as provided in Rule 12(a) or service by the adverse party of an answer or of a motion for summary judgment, or (ii) by filing a stipulation of dismissal signed by all parties who ...

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 ...

(1) The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired. (2) On a party's request or its own motion, the court may place a motion on calendar for a hearing. The clerk must promptly send each party a notice of the date and time of the hearing.

Rule 7 - Form of Motions (a) Form. All motions, except when made during a hearing or trial, shall be in writing, shall state the grounds therefor, shall set forth the relief or order sought, and if involving a question of law shall be accompanied by a memorandum in support of the motion.

A subpoena may be served at any place within the State. A subpoena may be served: (1) anywhere in the State by the sheriff or deputy sheriff 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 a duly authorized subordinate.

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.

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

Rule 35 - Dispositions (a)Class of disposition. Dispositions may be authored by a designated judge or justice or may be per curiam and may take the form of published or memorandum opinions or dispositional orders. (b) Publication.

Interesting Questions

More info

In ruling on a. Motion for Further discovery, the court shall give due consideration to the factors under Rule 26(b)(2)(iii) of the Hawai'i Rules of Civil ... A motion for leave to file an interlocutory appeal from an order of the circuit court must be filed within 30 days of the court's entry of the order. If ...Inmates seeking judicial review are required to initiate a new cause of action by filing a petition in the circuit court that sentenced them to prison, create ... Court will reverse judgment not in accordance with theory on which case tried and remand for further consideration. 49 H. 578, 426 P.2d 298. Ordinarily ... Before the Board are three motions seeking reconsideration of our Order Denying Review in Part and Remanding in Part entered in the above-referenced matter ... Time limit for orders that terminate the case. A party seeking further consideration of an order that disposes of the entire case on the merits, terminates a ... Jun 30, 2022 — The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United. States Court of Appeals for ... Dec 16, 2020 — The court may issue the remand order on its own motion, on the motion ... the Commissioner's final decision after remand, the claimant can file a ... Dec 14, 2010 — GRABER, Circuit Judge: Defendants Fu Sheng Kuo and Shengji Wang appeal the imposition of restitution following their pleas of guilty to vio. Mar 1, 2022 — Refund Litigation, on which API elsewhere relies, this Court considered the final- judgment rule in the context of a remand order with vacatur.

Trusted and secure by over 3 million people of the world’s leading companies

Hawaii Motion for Order of Remand for further consideration