Hawaii Motion for Summary Judgment

State:
Multi-State
Control #:
US-60929
Format:
Word; 
Rich Text
Instant download

Description

Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease.

Hawaii Motion for Summary Judgment is a legal document filed by a party involved in a civil lawsuit in Hawaii requesting the court to rule in their favor without going to trial. This motion puts forth a claim that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. A Motion for Summary Judgment in Hawaii is governed by Rule 56 of the Hawaii Rules of Civil Procedure. This motion is commonly used when the evidence in the case is clear and undisputed, leaving no basis for a trial. By filing this motion, the moving party is seeking to save time and costs associated with a trial, as well as obtain a favorable judgment based solely on the evidence already presented. There are different types of Hawaii Motion for Summary Judgment, depending on the circumstances of the case. These include: 1. Partial Motion for Summary Judgment: This type of motion is filed when the moving party seeks judgment on only one or some of the claims or issues in the case. A partial motion allows the court to resolve certain aspects of the case while leaving other issues to be determined at trial. 2. Complete/Total Motion for Summary Judgment: This motion requests a judgment in favor of the moving party on all claims or issues presented in the case. It argues that there are no genuine issues of material fact and that the moving party should prevail as a matter of law on the entire case. 3. Default (or Summary Judgment by Default) Motion: If the opposing party fails to respond or participate in the case, the moving party may file a motion for summary judgment based on a default. This motion argues that the opposing party's failure to respond or present evidence warrants a judgment in favor of the moving party. 4. Cross-Motion for Summary Judgment: In some cases, both parties may file motions for summary judgment against each other. A cross-motion allows the non-moving party to assert their version of the facts and legal reasoning, seeking judgment in their favor instead. Hawaii Motion for Summary Judgment is an important tool in the litigation process, enabling parties to seek a prompt resolution of their case based on the existing evidence. It is crucial to consult an experienced attorney who can navigate the complex legal requirements and effectively present your case through this motion.

Hawaii Motion for Summary Judgment is a legal document filed by a party involved in a civil lawsuit in Hawaii requesting the court to rule in their favor without going to trial. This motion puts forth a claim that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. A Motion for Summary Judgment in Hawaii is governed by Rule 56 of the Hawaii Rules of Civil Procedure. This motion is commonly used when the evidence in the case is clear and undisputed, leaving no basis for a trial. By filing this motion, the moving party is seeking to save time and costs associated with a trial, as well as obtain a favorable judgment based solely on the evidence already presented. There are different types of Hawaii Motion for Summary Judgment, depending on the circumstances of the case. These include: 1. Partial Motion for Summary Judgment: This type of motion is filed when the moving party seeks judgment on only one or some of the claims or issues in the case. A partial motion allows the court to resolve certain aspects of the case while leaving other issues to be determined at trial. 2. Complete/Total Motion for Summary Judgment: This motion requests a judgment in favor of the moving party on all claims or issues presented in the case. It argues that there are no genuine issues of material fact and that the moving party should prevail as a matter of law on the entire case. 3. Default (or Summary Judgment by Default) Motion: If the opposing party fails to respond or participate in the case, the moving party may file a motion for summary judgment based on a default. This motion argues that the opposing party's failure to respond or present evidence warrants a judgment in favor of the moving party. 4. Cross-Motion for Summary Judgment: In some cases, both parties may file motions for summary judgment against each other. A cross-motion allows the non-moving party to assert their version of the facts and legal reasoning, seeking judgment in their favor instead. Hawaii Motion for Summary Judgment is an important tool in the litigation process, enabling parties to seek a prompt resolution of their case based on the existing evidence. It is crucial to consult an experienced attorney who can navigate the complex legal requirements and effectively present your case through this motion.

Free preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview

How to fill out Hawaii Motion For Summary Judgment?

You may invest hrs on the web searching for the lawful record template that fits the federal and state specifications you require. US Legal Forms provides thousands of lawful kinds that happen to be examined by pros. You can actually down load or printing the Hawaii Motion for Summary Judgment from our service.

If you have a US Legal Forms accounts, you may log in and click on the Down load button. Next, you may full, edit, printing, or signal the Hawaii Motion for Summary Judgment. Each lawful record template you acquire is yours for a long time. To get an additional duplicate of the bought develop, go to the My Forms tab and click on the related button.

If you use the US Legal Forms web site initially, follow the straightforward directions below:

  • First, make certain you have chosen the correct record template for the county/town of your choosing. Look at the develop explanation to make sure you have picked the correct develop. If accessible, take advantage of the Review button to appear through the record template as well.
  • In order to find an additional version from the develop, take advantage of the Research discipline to get the template that fits your needs and specifications.
  • Upon having discovered the template you would like, just click Purchase now to continue.
  • Choose the pricing plan you would like, key in your accreditations, and sign up for an account on US Legal Forms.
  • Total the transaction. You should use your bank card or PayPal accounts to fund the lawful develop.
  • Choose the format from the record and down load it to the product.
  • Make changes to the record if needed. You may full, edit and signal and printing Hawaii Motion for Summary Judgment.

Down load and printing thousands of record templates making use of the US Legal Forms site, which offers the greatest variety of lawful kinds. Use expert and state-particular templates to deal with your business or person needs.

Form popularity

FAQ

Summary judgment in labor law cases is granted in whole in 36.2% of cases, in part in 23.8% of cases, and denied in 40% of cases. In contract cases, summary judgment is granted in whole in 35.1% of cases, in part in 22.6% of cases, and denied in 42.3% of cases.

A summary judgment is considered very difficult to win, and lawyers mostly use it as a scare tactic. However, it can be extremely beneficial. If the party moving the summary judgment wins, the case is thrown out. The most important thing in winning summary judgments is hiring competent lawyers.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.

The chance of success in these cases is less than 10% [1]. Another study found that summary judgment is mostly granted in Title VII cases, for example, cases involving equal pay or employment discrimination [2]. When it comes to federal cases, summary judgments are filed in 17% of total cases.

When bringing a summary judgment motion, a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law.

You can defeat the grant of summary judgment by presenting a multi-pronged attack. Don't rely on just lack of discovery (evidence), lack of particularity, or failure to strike affirmative defenses. If you can, point to other weaknesses in your opponent's motion. Do statutes and cases support their argument?

Take summary judgment motions seriously. They can end your case and just because the standard of review on appeal is de novo, don't assume that will help you. Appellate court judges themselves estimate that only about 35% of the summary judgments granted are reversed on appeal.

Make your argument in your brief, with citations to any useful docket entries. Every factual proposition, whether made in support of or opposition to, a motion for summary judgment must be supported by admissible evidence. The court will not search the record for evidence.

Interesting Questions

More info

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, ... Dec 16, 2015 — HGEA contends that the Benson Statement is an attempt by Benson to file a "Dispositive Motion for Summary Judgment" after the deadline to file ...The motion shall be filed and served at least 10 days before the date fixed for the hearing. The adverse party may file and serve opposing memorandum and/or ... Rule 12. DEFENSES AND OBJECTIONS -- WHEN AND HOW PRESENTED -- BY. PLEADING OR MOTION -- MOTION FOR JUDGMENT ON THE. PLEADINGS. (a) When presented. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the ... Se Prisoner,” in a document separate from the motion and from the brief, at the same time a motion for summary judgment is filed against a prisoner who is. Leave to file additional motions for summary judgment may be granted by the Court when it does not appear that other rules will be circumvented. 10. Motions ... Sep 24, 2015 — The Concise Statement shall be filed separately. The. Concise Statement should not be filed as an attachment to the Motion for Summary Judgment. by EK Yamamoto · 1990 · Cited by 18 — The price exacted by the judicial weighing of evidence on the summary judgment motion is a price Hawaii courts historically have been unwilling to pay.184. The Court may grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, ...

Trusted and secure by over 3 million people of the world’s leading companies

Hawaii Motion for Summary Judgment