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.
Hawaii Motion for Order of Remand for further consideration
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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.
