This form may be used to answer a civil complaint. Affirmative defenses may be asserted, along with a counterclaim. An affirmative defense is a type of defense in which the defendant seeks to avoid liability by introducing new evidence not addresses in the claims of the plaintiff's complaint. A counterclaim is made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it may be a different claim.
Counterclaims are either compulsory or permissive. If the counterclaim is permissive, it may be brought, but no rights are waived if it is not. If the counterclaim is mandatory, it must be brought in the current action or it is waived. Under the United States Federal Rules of Civil Procedure, a counterclaim is compulsory if it involves only the parties currently part of the suit, and is from the same transaction that the original suit is based on. Federal Rule of Civil Procedure 13(a).
Hawaii General Form of Civil Answer with Affirmative Defenses and Counterclaim
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If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding ... Rule 52 - Findings by the Court, Haw. R. Civ. P. 52 - Casetext casetext.com ? rule ? hawaii-court-rules ? trials ? r... casetext.com ? rule ? hawaii-court-rules ? trials ? r...
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) 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, ...
After the plaintiff has completed the presentation of the plaintiff's evidence, the defendant, without waiving the defendant's right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. Rule 41 - Dismissal of Actions, Haw. Dis. Ct. R. Civ. P. 41 - Casetext casetext.com ? hawaii-court-rules ? article-vi-trials casetext.com ? hawaii-court-rules ? article-vi-trials
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. Rule 45 - Subpoena, Haw. R. Civ. P. 45 | Casetext Search + Citator casetext.com ? rule ? hawaii-court-rules ? trials ? r... casetext.com ? rule ? hawaii-court-rules ? trials ? r...
If you want the judge to consider your legal defenses, you must include them in the form you file to respond to the lawsuit (your Answer). Include any possible defense you want the judge to consider in your Answer. You can focus on one, once you've collected more evidence while preparing for your trial.
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...
Any person who commits criminal contempt may be punished for that contempt after prosecution on notice. Rule 42. Criminal Contempt | Federal Rules of Criminal Procedure | US Law cornell.edu ? rules ? frcrmp ? rule_42 cornell.edu ? rules ? frcrmp ? rule_42