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Hawaii Defendant's answer to Plaintiff's Second Amended Complaint

Hawaii Defendant's answer to Plaintiff's Second Amended Complaint

Name: Hawaii Defendant's answer to Plaintiff's Second Amended Complaint
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.55 (321 reviews)

Category:

Hawaii Court Samples - Products Liability - Sample Case 2

State:

Hawaii

Control #:

HI-KH-039-07

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A07 Defendant's answer to Plaintiff's Second Amended Complaint

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FAQ

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.

The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.

The current filing fee is $35, and the case will be scheduled within 30 days. Cases must be filed in person at the District Court Legal Documents Branch. To find the location of the District Court on your island, go to the Contact Us section and click on the island or circuit where you intend to file the complaint.

Citations If an amendment adds a new party defendant, an amended or new summons naming that party as a defendant must be issued and served upon the new defendant, since no jurisdiction would be obtained by serving him with a copy of the summons that does not name him.

App. 352 251 P. 959, holds that when the original summons has been returned and filed, the clerk of the court has the power and the duty to issue an amended summons on the filing of an amended complaint which names a new party defendant.

There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.

Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.

A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

Hawaii Defendant's answer to Plaintiff's Second Amended Complaint

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FAQ

What is Rule 12 of the Federal Rules of Civil Procedure?

Does the plaintiff have to respond to an answer?

How do I file a small claim in Hawaii?

What does Amended Summons mean?

Can a summons be amended?

Does plaintiff have to respond to affirmative defenses?

How long does a plaintiff have to respond to a motion to dismiss?

What happens after the defendant files an answer?

What happens if a defendant does not answer a complaint?

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