Hawaii ExParte Motion to Stay Writ

State:
Hawaii
Control #:
HI-SKU-0554
Format:
PDF
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Description

ExParte Motion to Stay Writ

A Hawaii Expert Motion to Stay Writ is a legal process used in the state of Hawaii to delay or suspend the enforcement of a court order or writ. This motion is typically filed by a party who has been served with a writ and wishes to have a temporary halt of the proceedings issued. There are two types of Expert Motion to Stay Writ: a Temporary Stay and a Permanent Stay. A Temporary Stay is issued to delay the enforcement of the writ for a specified period of time, while a Permanent Stay permanently suspends the enforcement of the writ. In either case, the court must consider the merits of the motion before ruling. The Motion must be served upon the opposing party and must contain the grounds for the stay, a proposed schedule for the hearing, and a proposed timeline for the resolution of the matter. The court will review the Motion and determine whether to grant the stay or not.

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FAQ

H.R.C.P., Rule 60(b) provides that a court may entertain an independent action to relieve a party from a judgment because of a fraud upon the court.

Rule 37 - Failure to Make or Cooperate in Discovery; Sanctions (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1) APPROPRIATE COURT.

The court will issue a Writ of Possession a few hours to a few days after the landlord wins the case. This court order informs the tenant that they have to get out of their housing on the property or else they will be forcibly removed. The Writ of Possession is not given automatically.

(1) Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable.

Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS.

(A) The initiating party, without approval of the court, may file a notice of dismissal at any time prior to service of process, unless an adverse party has already filed a document or appeared in court.

A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.

When the court directs entry of judgment in any case, the court shall order the prevailing party or the clerk to prepare such judgment of the court.

More info

Fill out the "Ex Parte Motion to Stay Execution of Writ of Possession". Step 3 Complete the following pleadings in blue or black ink: • Ex Parte Motion for Stay of Execution; Declaration of Defendants; Order (Pleading form).Ask the clerk to file your papers and present them to the judge. If you want to fight a default and stop an eviction, you must file a Motion for Stay of the. Writ of Restitution. Order Staying Mandate. 67.3. Time to Issue Mandate Extended. If the judgment be such that each defendant is, indepen dently of the others, entitled to a stay, each must sue out his separate writ. The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Motions to stay issuance of Writs of Restitution.

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Hawaii ExParte Motion to Stay Writ