Hawaii Motion for Trial Continuance - Personal Injury

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US-PI-0060
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This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.

A Motion for Trial Continuance — Personal Injury is a legal document filed in Hawaii by either the plaintiff or defendant in a personal injury case. This motion seeks to request a postponement or rescheduling of the trial date. It is typically filed when circumstances arise that would make it impractical or impossible to proceed with the trial on the initially scheduled date. Keywords: Hawaii, Motion for Trial Continuance, Personal Injury, trial date, postponement, rescheduling, circumstances, plaintiff, defendant. There are a few types of Motion for Trial Continuance — Personal Injury that can be filed in Hawaii: 1. Emergency Motion for Trial Continuance — Personal Injury: This type of motion is filed in cases where an unforeseen emergency disrupts the scheduled trial date. Examples could include sudden illness, an accident involving a party or their legal representation, or a natural disaster that affects the ability to proceed with the trial. 2. Consent Motion for Trial Continuance — Personal Injury: This motion is filed when both parties in a personal injury case mutually agree to the need for a trial date continuance. This agreement can be reached due to various reasons such as unavailability of key witnesses, settlement negotiations, or the need for additional time to gather evidence. 3. Plaintiff's Motion for Trial Continuance — Personal Injury: This type of motion is filed by the plaintiff and seeks a delay in the trial date due to their personal circumstances or to allow time for further investigation or preparation of their case. Reasons for filing this motion could include the need for additional medical evaluations, the discovery of new evidence, or the unavailability of crucial witnesses. 4. Defendant's Motion for Trial Continuance — Personal Injury: Filed by the defendant, this motion requests a postponement of the trial date in a personal injury case. The defendant may raise different reasons for requesting a continuance, such as the need for additional time to build their defense, the unavailability of expert witnesses, or a conflict with another court case the defendant is involved in. In Hawaii, the process for filing a Motion for Trial Continuance — Personal Injury involves submitting a written motion to the court detailing the reasons for the requested continuance. The opposing party has the opportunity to respond to the motion, and the judge ultimately decides whether to grant or deny the request based on the merits of the arguments presented. Overall, a Motion for Trial Continuance — Personal Injury in Hawaii provides a legal means for either the plaintiff or defendant to request a rescheduling of the trial date in personal injury cases when valid reasons exist.

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41. Rule 41 - Search and Seizure (a) Authority to issue warrant. Except as otherwise provided by statute, a search warrant may be issued by any district or circuit judge (1) within the circuit wherein the property sought is located; or (2) within the circuit where the property is anticipated to be located.

Rule 35 - Correction or Reduction of Sentence (a) Correction of Illegal Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.

Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.

If a cross-action has been pleaded by an adverse party prior to the service upon the adverse party of the motion to dismiss, the action shall not be dismissed against the objection of the adverse party unless the cross-action can remain pending for independent adjudication by the court.

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 ...

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.

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.

The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise blank, to a party requesting it, who shall fill it in before service. (b) For production of documentary evidence.

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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 ... Motions, Pre-trial Procedure ; Motion for Discovery. Motion for Discovery; Declaration; Notice of Motion; Certificate of Service. 1DC37 ; Motion (Hearing).If a date has been assigned for trial of an action, a motion for continuance of the trial shall include on the first page of the notice of motion the trial date ... Form #Short NameTitle of Document1DC03Bench WarrantBench WarrantDC04Certificate of ServiceCertificate of Service1DC10Complaint (Replevin)Complaint (Replevin); Summons Denial of motion for continuance was not abuse of trial judge's discretion where ... Finding an Injury Lawyer in Hawaii · Preparing a Claim or Case After an ... to complete or file the petition on behalf of that person. (c) A petition for relief shall be in writing upon forms provided by the court and shall allege ... Jun 2, 2021 — ORDER DENYING DEFENDANT UNITED. STATES' MOTION FOR SUMMARY JUDGMENT. Before the Court is Defendant United States' Motion for Summary. court matter and where the filing of the state court case followed the motion for summary judgment. As such, the existence of a parallel state action weighs ... §635-3 Dismissal for want of prosecution. The court may dismiss any action for want of prosecution after due notice to the claimants whenever claimants have ... by RP Sullivan · 2022 — “We review the trial court's denial of a motion for a continuance for abuse of discretion. ... A party may file a motion requesting that the trial be postponed.

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Hawaii Motion for Trial Continuance - Personal Injury