The Hawaii Motion to Dismiss is a legal motion filed by a defendant in a civil lawsuit in Hawaii to argue that the plaintiff's complaint should be dismissed from court. This motion is based on the premise that the plaintiff either has no legal justification or evidence to support their claims. The motion requests that the court reject the plaintiff's complaint and end the case without further proceedings. There are two types of Hawaii Motion to Dismiss: a Motion to Dismiss for Failure to State a Claim and a Motion to Dismiss for Lack of Jurisdiction. The Motion to Dismiss for Failure to State a Claim is filed when the plaintiff does not have enough evidence or legal basis to support their claims. The Motion to Dismiss for Lack of Jurisdiction is filed when the court does not have the authority to hear the case in the first place.
Hawaii Motion to Dismiss
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FAQ
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the
Rule 35 - Physical and Mental Examination of Persons (a) Order for examination. In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order that party to submit to a physical or mental examination by a physician.
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.
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.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.
Rule 56 - Summary Judgment (a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof.
11. Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.
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.