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Hawaii Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Hawaii Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a legal document that holds significant importance in the legal system of Hawaii. This affidavit is typically filed by an attorney representing a party involved in a case who believes that there is newly discovered evidence that could potentially change the outcome of the case or has evidence that the case was wrongly submitted. Keywords: Hawaii Affidavit of Attorney, Motion to Set Aside Submission, Reopen Case, Newly Discovered Evidence. In Hawaii, there are different types of Affidavits of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence, depending on the circumstances and nature of the case. Here are some possible variations: 1. Criminal Case: This specific type of affidavit is filed when newly discovered evidence is found in a criminal case that could exonerate the defendant or have a significant impact on the case's outcome. The attorney must provide detailed information about the evidence, its relevance, and why it was not discovered earlier. 2. Civil Case: In civil cases, such as personal injury or contract disputes, an attorney may file this affidavit if they uncover newly discovered evidence that could potentially alter the course of the case. The affidavit must present the evidence and explain how it was discovered after the submission of the case. 3. Family Law Case: In the context of family law, an Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence can be filed when new evidence is found regarding child custody, spousal support, or any other relevant matters. The attorney must provide a compelling argument as to why this evidence could substantially impact the case. 4. Probate Case: In probate cases involving the distribution of assets or disputes over a will, an attorney may file this affidavit if they come across new evidence that could change the outcome of the case or reveal fraud or undue influence. The affidavit should outline the nature of the evidence and explain how it was recently discovered. 5. Administrative Case: This type of affidavit is relevant for cases involving administrative agencies or boards. If an attorney finds evidence that was previously unknown and could have a substantial impact on the agency's decision, they can submit this affidavit to argue for reopening the case based on the newly discovered evidence. Overall, the Hawaii Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence is a vital legal tool to ensure justice in the Hawaiian legal system when new evidence emerges that could significantly affect a case's outcome.

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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 ...

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.

In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

Rule 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.

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.

This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. (2) must take judicial notice if a party requests it and the court is supplied with the necessary information. (d) Timing.

Rule 201 provides that a court ?may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.? Fed.

This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. (2) must take judicial notice if a party requests it and the court is supplied with the necessary information.

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An attorney, by signing any petition, application, response, objection, memorandum or other substantive document, and filing it with the court, is certifying ... Jan 1, 2019 — other parties and file with the commission a motion to set aside the submission and reopen the proceeding to take additional evidence. The ...motion for new trial is based on affidavits, they shall be filed with the ... The attorney/party filing a civil complaint shall complete the form as follows:. The court orders resulted in confirming sole legal and physical custody of Child in Petitioner-Appellee John Doe (Father) with visitation rights to Mother. For ... You should discuss your evidence in your memorandum of points and authorities, attach it to your motion, file it with the court, and serve it to the other side. Aug 19, 2020 — A certificate of service is not required when submitting a proposed order. ... Affidavit in Support of Motion. Concise Statement in Opposition. Jun 18, 2018 — The district court denied the motion because Mitchell identified no evidence of juror misconduct, and therefore failed to show good cause. In ... by LB Orfield · Cited by 24 — A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is ... Feb 20, 2020 — — A motion to reopen must be supported by evidence. See ... file a written motion with the Board of Immigration Appeals to set aside a default. Defendant argues that the requirement that the motion be made in a reasonable time does not apply to a motion to set aside a void judgment. See 7 Moore ...

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Hawaii Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence