A Hawaii Summons to Answer Complaint is a legal document issued by a court to direct a defendant to appear in court and answer a lawsuit. It is a formal notification of the lawsuit and typically includes the date, time, and place of the hearing and a statement of the allegations against the defendant. Depending on the type of case, there are two different types of Summons to Answer Complaint: a Summons for Civil Cases and a Summons for Criminal Cases. In a Summons for Civil Cases, the plaintiff is asking for a monetary judgment or other relief from the defendant. The Summons will include the name of the court, the names of the parties involved in the case, a brief description of the case, the date and time of the hearing, and the relief the plaintiff is requesting. It will also include instructions on how to respond and the consequences for failing to appear in court. In a Summons for Criminal Cases, the defendant is being charged with a crime. This document will include the name of the court, the names of the parties involved, a description of the crime, the date and time of the hearing, and the penalty the defendant may face if found guilty. It will also include instructions on how to respond and consequences for failing to appear in court.
Hawaii Summons to Answer Complaint
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How to fill out Hawaii Summons To Answer Complaint?
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FAQ
There are three steps to respond to the Summons and Complaint. Answer each issue listed in the Complaint. Assert affirmative defenses. File one copy of the Answer document with the court and serve the plaintiff with another copy.
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.
Individuals may be served either personally by handing them a copy of the summons and complaint or, if they cannot be located, by leaving the Hawaii Process Service with a responsible adult resident at their usual residence.
If you received a complaint, you are required to appear and answer the complaint by the date on the summons. If you were personally served, you have 21 days after receiving the summons to file a written answer with the court.
An answer is your opportunity to respond to the complaint's factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff's claim. Filing an answer prevents the plaintiff from getting a default judgment against you.
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.
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
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.