A Hawaii Statement of Claim and Notice (General Form) is a legal document that is used to initiate a civil lawsuit in the state of Hawaii. It is also known as a summons and complaint. The document is used to provide notice to the defendant, informing them of the lawsuit and the allegations against them. The Statement of Claim and Notice also outlines the rights of the plaintiff, such as the right to a jury trial and the right to recover damages. There are two types of Hawaii Statement of Claim and Notice (General Form): one for tort claims and one for contract claims. Both forms contain information about the plaintiff and defendant, the cause of action, and the relief sought.
Hawaii Statement of Claim and Notice (General Form)
State:
Hawaii
Control #:
HI-SKU-0364
Format:
PDF
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Statement of Claim and Notice (General Form)
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FAQ
How Do I File a Small Claim Case? You, the plaintiff, must file a ?Statement of Claim? form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form.
If the court is of the opinion that the defendant has been called in a proper manner, but has failed to appear (or to appear in the correct manner, e.g. not trough a lawyer), the court will declare the defendant to be in default of appearance.
A default judgment is entered against a party who fails to respond to the allegations in a complaint. Only a defendant may file a motion for summary judgment. Voir dire is a process for presenting evidence in a case. An appellate court can reverse the decision of a trial court that erred.
A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
The Small Claims Court hears your case if: The amount disputed doesn't exceed $5,000. Or, in a counterclaim, no more than $40,000 is requested. Claims up to $40,000 are heard by the Regular Claims Division.
To file a claim, you must do the following: Visit the Small Claims Court clerk at the main Small Claims Court for Honolulu at 1111 Alakea Street (corner of Alakea and Hotel Streets), Honolulu, Hawaii or call at (808) 538-5151. The place the dispute started.
More info
Small Claims – General statement of claim and notice. 85 KB, Statement of Small Claim and Notice of Trial (sample only) (English, PDF 67.INSTRUCTIONS TO PLAINTIFF: "By EFiling this form, which includes the military affidavit, you certify that the above information is true and. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms INSTRUCTIONS FOR PERSONS FILING A SMALL CLAIM — Complete Parts 1-6 on front of form. When you are finished, you can print your completed form. The completed original statement of claim must be filed with the Clerk's Office, 301 South Monroe Street, Suite 100, Tallahassee, FL 32301. You, the plaintiff, must file a "Statement of Claim" form, available at your Clerk's office. The Statement of Claims form must be completed in its entirety and signed. Pursuant to Small Claims Rule 7.