A Hawaii Ex Parte Motion is an application to the court requesting action on a matter without prior notice to the other parties who may be affected. This type of motion is used in Hawaii courts when a party seeks to obtain an order or relief from the court without a hearing or the opportunity for the other parties to be heard. There are three main types of Hawaii Ex Parte Motions: Emergency Motion, Temporary Restraining Order, and Preliminary Injunction. An Emergency Motion is used when a party needs immediate action from the court and is unable to wait for the other parties to be served with notice. A Temporary Restraining Order is used when a party seeks a short-term restraining order without a hearing. A Preliminary Injunction is used when a party seeks a longer-term restraining order and requires a hearing in order to be granted.
Hawaii Ex Parte Motion
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Rule 7 - Form of Motions (a) Form. All motions, except when made during a hearing or trial, shall be in writing, shall state the grounds therefor, shall set forth the relief or order sought, and if involving a question of law shall be accompanied by a memorandum in support of the motion.
Mandatory Chambers Copies (Local Rule 10.3) The Court imposes the following additional requirements for mandatory chambers copies: (1) Documents that are 50 pages or less may be stapled. (2) Documents exceeding 50 pages should be placed in binders.
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application.Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action).If the other party is harassing you or forcing you, provide the court with the records.Be prepared for a full hearing.
A party filing a motion, response to a motion, or other document pertaining to a motion, shall deliver 2 file-stamped copies of the motion, response, or document to the chambers of the assigned judge in an expeditious manner. All exhibits attached to the motion, response, orother document shall be appropriately tabbed.
Rule 56 - Summary Judgment (a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof.
Rule 25 - Substitution of Parties (a) Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.