This is an official form for a Motion to Dismiss a lawsuit. The form provides space for the movant to include the Hawaii Rule of Civil Procedure on which he, she, or it relies and the basis for the Motion. It also dictates that notice be served on the respondent and that Respondent be given the opportunity to agree or object to the Motion.
Hawaii Motion to Dismiss
State:
Hawaii
Control #:
HI-3MOTDISM
Format:
PDF
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FAQ
When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff's case.The parties (well, their lawyers) will come to court, explain their positions on the motion to dismiss, and answer any questions posed by the judge. Finally, the judge will decide to grant or deny the motion.
Defendants may move to dismiss some or all claims but can only make one motion to dismiss, asserting all defenses (other than those in FRCP 8(c)) that were available when the motion was made (FRCP 12(g)).
To survive a motion to dismiss, a lawsuit must contain sufficient factual matter to state a claim to relief that is plausible on its face. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
N. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case.