Sample Letter for Motion to Dismiss for Want of Prosecution in Hawaii [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Position] [Recipient's Address] [City, State, ZIP] Subject: Motion to Dismiss for Want of Prosecution — [Case Number] Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to formally request a Motion to Dismiss for Want of Prosecution regarding the aforementioned case. As the plaintiff has failed to diligently pursue this case and failed to take the necessary actions to move it forward, it is necessary to seek the court's intervention in bringing this matter to a just resolution. The legal rule in Hawaii is that a case should be prosecuted with reasonable diligence, and a delay causing prejudice to the defendant may result in a dismissal for want of prosecution. Despite the ample time provided, the plaintiff in this case has failed to progress the litigation, resulting in an indefinite delay that is prejudicial to my client's rights. It is important to note that there may be different types of circumstances where a Motion to Dismiss for Want of Prosecution can be sought in Hawaii. These may include: 1. Failure to Appear: If the plaintiff has failed to appear at scheduled hearings, conferences, or failed to respond to the court's notices and requests without a valid reason, this can be considered a lack of prosecution. 2. Lack of Progress: When the plaintiff fails to diligently pursue the case, take necessary actions, or fails to follow court orders, the lack of progress can impede the fair and timely resolution of the case. 3. Stalled Litigation: If the plaintiff repeatedly seeks continuances or fails to provide a justifiable reason for the delay, resulting in no substantial progress in the case, it may constitute a want of prosecution. In light of the aforementioned reasons, I kindly request the court to grant a Motion to Dismiss for Want of Prosecution. Dismissing the case without prejudice will enable my client to be free from the undue burden of prolonged litigation without abandoning their rights in pursuing justice. Please find enclosed all relevant documents, including the proof of the plaintiff's lack of prosecution, to support and facilitate the court's decision-making process. I kindly request a prompt review and consideration of this motion to alleviate the unnecessary burden caused by the delayed proceedings. Your attention to this matter would be greatly appreciated. Thank you for your anticipated cooperation. Should you require any additional information or have any questions, please do not hesitate to contact me at your earliest convenience. Yours sincerely, [Your Name]
Hawaii Sample Letter for Motion to Dismiss for Want of Prosecution
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FAQ
A diligent effort to effect service shall be made in all actions. An action or claim may be dismissed sua sponte with written notice to the parties if no service is made within 6 months after the action or claim has been filed.
When a case is dismissed for want of prosecution, it means that the plaintiff failed to take some required action in the case, such as appearing for a court date, and as a result, the defendant won by default. The dismissal can be reversed, however, through a process known as reinstating the case.
An action may be dismissed with prejudice sua sponte with written notice to the parties for want of prosecution where all defendants are in default and if the plaintiff fails to obtain entry of default and fails to apply for default judgment within six months after all defendants are in default.
Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
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 ...
(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, ...
