Hawaii Stipulation to Waive Discovery and Trial is a contractual agreement between the parties involved in a lawsuit. This stipulation allows both parties to waive their right to discovery and trial and to settle their dispute in an alternative dispute resolution (ADR) process. The stipulation outlines the terms of the agreement and the ADR process that will be used to resolve the dispute. The two main types of Hawaii Stipulation to Waive Discovery and Trial are: 1. Voluntary Waiver of Discovery and Trial: In a voluntary waiver of discovery and trial, the parties agree to waive their rights to discovery and trial in favor of an ADR process. This type of stipulation is completely voluntary and both parties must agree to the terms. 2. Court-Ordered Waiver of Discovery and Trial: In a court-ordered waiver of discovery and trial, the court orders the parties to waive their right to discovery and trial and to settle their dispute through an ADR process. This type of stipulation is only available when both parties agree to it or when the court finds that the parties should be ordered to use an ADR process. Both types of Hawaii Stipulation to Waive Discovery and Trial require the parties to agree to the terms of the stipulation before it can be enforced. Additionally, the stipulation must be signed by both parties and filed with the court.
Hawaii Stipulation to Waive Discovery and Trial
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Rule 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.
Any final pretrial conference shall be held as close to the time of trial as reasonable under the circumstances. The participants at any such conference shall formulate a plan for trial, including a program for facilitating the admission of evidence.
Disclosure of an informant's identity shall not be required where the informant's identity is a prosecution secret and a failure to disclose will not infringe the constitutional rights of the defendant. Disclosure shall not be denied hereunder of the identity of a witness intended to be produced at a hearing or trial.
A schedule shall not may be modified except upon a showing of only for good cause and by leave ofwith the courtjudge's consent.
The court shall freely grant reasonable extensions of the time in which to name or identify the party defendant to any party exercising due diligence in attempting to ascertain the party defendant's name or identity.
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
Either party may request a Rule 58 conference. Failure to file and serve objections and a proposed judgment, decree, or order within the time frame required shall constitute approval as to form of the drafting party's proposed judgment, decree or order. (c) Court approval; sanctions.
Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS.