Hawaii Agreed Order and Final Judgment - Awarding Forfeiture

State:
Multi-State
Control #:
US-01610
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Word; 
Rich Text
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Description

This form is a sample Agreed Order for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity, when the perpetrator agrees to the forfeiture. Adapt to fit your facts.

Hawaii Agreed Order and Final Judgment — Awarding Forfeiture is a legal process that involves the forfeiture of property and assets in the state of Hawaii. This legal procedure aims to seize assets or properties that are legally deemed to be involved in illegal activities or acquired through unlawful means. The Hawaii Agreed Order and Final Judgment — Awarding Forfeiture is applicable in various cases such as drug trafficking, money laundering, fraud, racketeering, and other criminal activities. It is an essential tool used by law enforcement agencies and the judicial system to dismantle criminal organizations, disrupt illicit financial networks, and deprive criminals of their ill-gotten gains. There are different types of Hawaii Agreed Order and Final Judgment — Awarding Forfeiture, including: 1. Civil Forfeiture: This type of forfeiture is initiated by the government against property or assets that are believed to be connected to illegal activities. It allows the state to freeze, seize, and eventually sell or use the forfeited assets for public good or to compensate victims. 2. Criminal Forfeiture: Criminal forfeiture is typically a part of the punishment for individuals convicted of certain offenses. It involves the confiscation of property or assets that were used in the commission of the crime or derived from illegal activities. 3. Equitable Sharing: Equitable sharing is a process where the assets and funds seized during a forfeiture procedure are shared between multiple law enforcement agencies involved in the investigation and enforcement. This division ensures that the resources are distributed fairly and used to further enhance law enforcement efforts. 4. Restitution: In certain cases, a Hawaii Agreed Order and Final Judgment — Awarding Forfeiture may also include provisions for restitution. This means that the forfeited assets or funds are used to compensate victims or reimburse the loss suffered as a result of criminal activities. The Hawaii Agreed Order and Final Judgment — Awarding Forfeiture ensures that individuals involved in illegal activities are held accountable and that the proceeds from criminal endeavors are effectively confiscated. It acts as a deterrent against future illegal actions and supports the state's efforts to combat organized crime, safeguard communities, and promote justice in Hawaii.

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The motion shall be filed and served on all parties at least 14 days prior to the time set for hearing, unless otherwise provided by the District Court Rules of Civil Procedure or ordered by the court.

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.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.

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.

A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court, or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

By law, the issued subpoena must then be personally served on the witness no less than 48 hours prior to the hearing by a person over age of 18 who is not a party to the case. The Respondent is not allowed to serve the subpoena himself/herself. The subpoena must be served by somebody else who is over the age of 18.

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Jan 17, 2020 — (d) A petition for administrative forfeiture shall be filed with the attorney general within forty- five days of the prosecuting attorney ... Rule 2. FILING PROCEDURE BY THE CLERK. (a) Case number. (b) Stamp by clerk. (c) Docket entry and filing. (d) Service of pleadings and other documents.When a court has ordered a final judgment under the conditions stated in Rule 54 ... in accordance with the agreement, enter an order of dismissal or a judgment. The court shall order the real property in question to be seized for forfeiture if it finds probable cause that the real property is subject to forfeiture ... A United States magistrate judge may conduct some or all proceedings in a civil action (including a motion or trial) and order the entry of a final judgment if. Apr 6, 2015 — A judgment securing installment payments (or collateral agreement payments) under a settlement should be entered immediately, and the abstract ... ... the owner of the interest to have been committed or omitted without the knowledge or consent of the owner. (4) Proceeds. The proceeds from any sale of forfeited ... “In particular, appeals courts have jurisdiction over post-judgment orders, such as a district court might enter pursuant to the jurisdiction it has retained to ... Before entry of a judgment or until five court days have expired after entry of the judgment, unless the tenant provides a pledge of financial assistance letter ... Forms ; AFFIDAVIT OF NON-MILITARY SERVICE, 1 ; AFFIDAVIT OF VALIDITY, 1 ; AGREEMENT TO REVIVE JUDGMENT, 1 ; AMENDED PRAECIPE TO TRANSMIT, 1.

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Hawaii Agreed Order and Final Judgment - Awarding Forfeiture