Hawaii Short Form of Pretrial Order

State:
Multi-State
Control #:
US-03359BG
Format:
Word; 
Rich Text
Instant download

Description

In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.


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 court rules should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under Rule 13(a) of the Federal Rules of Civil Procedure, a counterclaim is compulsory if it arises from the same transaction or occurrence comprising the subject matter of the original claim. 1 A party who fails to assert a compulsory counterclaim is barred from raising the claim in any subsequent, independent action.

The death of a person shall not prejudice the rights of a third person to assert a claim, cross claim, or counterclaim surviving death against the personal representative of the deceased in the time and manner provided by law.

Rule 13. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory. (c) RELIEF SOUGHT IN A COUNTERCLAIM. A coun- terclaim need not diminish or defeat the recov- ery sought by the opposing party.

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.

(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in the manner provided by the law of the State.

A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party. COMMENTS: Adopts HRCP Rule 13(c) verbatim.

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

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Hawaii Short Form of Pretrial Order