This is an official form either party may use when filing a motion for any reason. The party that files this motion is requesting a Court make a determination without a hearing. The basis of the motion must be provided and notice given to opposing counsel or party of a hearing date.
Hawaii Motion for Non-Hearing
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FAQ
What happens if I don't file an opposition to the motion? If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically.It also might mean you lose the case, depending on the motion that was filed.
You need to set your motion(s) for hearing to get it before the Court. Otherwise, the Court will not address your motion(s), which is why you feel like you are being ignored. Thus, you must file a notice of hearing on your motion and go before the...
A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.
When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
For a non-hearing motion, the court will make a decision based only on written submissions to the court (memoranda or brief, in legalese) and any supporting affidavits, documents, and/or other evidence that were submitted up to that point in time.
A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.
A motion is where one of you asks the court to do something. A hearing is where you go before the judge and...