The 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, where the plaintiff is seeking monetary damages. It is a written statement in which the plaintiff sets out the facts and legal basis of the claim against the defendant(s). The document must also include a Notice of Place and Time of Hearing, along with the date and time of the hearing. The Statement of Claim and Notice must be filed with the court and served upon the defendant in order for the lawsuit to proceed. There are two types of Hawaii Statement of Claim and Notice (General Form): the Complaint Form and the Petition Form. The Complaint Form is used when the plaintiff is seeking money damages and the Petition Form is used when the plaintiff is seeking an order from the court, such as an injunction or an order of protection. Both forms must include the same basic information, including the parties involved, the facts of the case, the legal basis for the claim, and the requested relief.
Hawaii Statement of Claim and Notice (General Form)
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FAQ
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.
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.
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.
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.
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.
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.
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.
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.