A Hawaii Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document filed by a party in a case to request additional time for discovery or to postpone a summary judgment motion. This motion is typically filed when there is a need for the parties to gather more evidence or when they require more time to properly respond to a summary judgment motion. In Hawaii, there are two primary types of motions that address the need for additional time or postponement in a legal case: Motion for Continuance to Complete Discovery and Motion for Continuance of Summary Judgment Motion. A Motion for Continuance to Complete Discovery is filed when the requesting party believes that there is essential information that still needs to be gathered through the discovery process. Discovery is a crucial stage during litigation where both parties exchange relevant information, such as documents, witness statements, and expert opinions, to build their cases. This motion requests the court to grant more time to complete the required discovery tasks, such as taking depositions, issuing subpoenas, or obtaining necessary documents. The filing party must provide valid reasons for needing additional time and explain how it will materially affect the outcome of the case. On the other hand, a Motion for Continuance of Summary Judgment Motion is typically filed when a party needs more time to respond to a summary judgment motion filed by the opposing party. A summary judgment motion argues that there is no genuine dispute of material facts and that the case should be resolved without a trial. The responding party may file a motion for continuance to request additional time to gather evidence, prepare arguments, or seek legal advice before submitting their response to the summary judgment motion. This motion usually requires the party to show cause and present convincing reasons for the court to grant the continuance. In both types of motions, parties must file the motion with the court and serve a copy to the opposing party. They should follow the applicable rules of civil procedure, which may include specific deadlines, formatting requirements, and supporting documents. It is essential to consult an attorney or research the specific rules and requirements of the court where the motion will be filed to ensure compliance. Ultimately, a Hawaii Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal tool that allows parties to request additional time when it is necessary to ensure fairness and justice during the litigation process.
Hawaii Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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How to fill out Hawaii Motion For Continuance To Complete Discovery Or In The Alternative Continuance Of Summary Judgment Motion?
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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 ...
Relief from a Judgment or Order. (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.
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.
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.
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 party to a trial or evidentiary hearing may request a continuance only by filing and promptly serving on all parties a motion to continue that recites the reason why a continuance is necessary and the proposed length of a continuance.
Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS. (a) Motion for order compelling discovery. (1) Appropriate court.