A Hawaii Motion to Dismiss — Personal Injury is a legal tool used by defendants in personal injury lawsuits to request the court to dismiss or terminate the case. This motion argues that the plaintiff's claim lacks legal merit or fails to meet specific legal requirements, resulting in the case being dismissed before advancing to trial. Key Hawaii Personal Injury Motion to Dismiss keywords: 1. Hawaii: Referring to the specific jurisdiction where the motion is filed, in this case, Hawaii. 2. Motion to Dismiss: A formal request made by the defendant to end the lawsuit. 3. Personal Injury: An area of law dealing with injuries resulting from accidents or intentional acts, where the plaintiff seeks compensation for their damages or losses. Different Types of Hawaii Motion to Dismiss — Personal Injury: 1. Lacsubjecteder Jurisdiction: This type of motion asserts that the court hearing the case does not have the legal authority to decide on matters related to the specific claim. For example, if the claim involves federal law or the amount in controversy surpasses the court's jurisdictional limits. 2. Failure to State a Claim: This motion contends that even if the plaintiff's allegations are true, they fail to present a valid legal claim upon which relief can be granted. It asserts that the plaintiff has not pleaded sufficient facts to support their cause of action. 3. Statute of Limitations: This motion argues that the plaintiff's claim is time-barred, as the applicable statute of limitations has expired. It asserts that the lawsuit was filed after the legally allowed time limit to bring such claims has passed. 4. Lack of Personal Jurisdiction: This type of motion asserts that the court does not have authority over the defendant because they lack sufficient minimum contacts with the state of Hawaii. It argues that the lawsuit should be dismissed or transferred to a more appropriate jurisdiction. 5. Forum Non-Convenient: This motion contends that another jurisdiction is more suitable and convenient for hearing the case. It argues that the case should be dismissed in Hawaii and litigated in another jurisdiction where it would be fairer, more efficient, and more convenient for all parties involved. It is important to note that the specific types of motions available in Hawaii might vary, and this list provides a general overview. Legal counsel should be consulted for accurate and up-to-date information regarding the types of motions to dismiss applicable in Hawaii personal injury cases.
Hawaii Motion to Dismiss - Personal Injury
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(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
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.
Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS. (a) Motion for order compelling discovery.
A diligent effort to effect service shall be made in all actions. An action or claim may be dismissed sua sponte with written notice to the parties if no service is made within 6 months after the action or claim has been filed.
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.
An action may be dismissed with prejudice sua sponte with written notice to the parties for want of prosecution where all defendants are in default and if the plaintiff fails to obtain entry of default and fails to apply for default judgment within six months after all defendants are in default.