A Hawaii General Personal Injury Answer refers to the legal response provided by a defendant in a personal injury lawsuit filed in the state of Hawaii. When someone files a personal injury claim against another party, the defendant is required to file a written response, known as an answer, providing their side of the story and legal defenses. This document must be filed within a specified time frame after being served with the initial complaint. Keywords: Hawaii, general personal injury answer, legal response, personal injury lawsuit, defendant, written response, answer, side of the story, legal defenses, complaint. There are various types of Hawaii General Personal Injury Answers, depending on the nature of the personal injury case. Some common types include: 1. Denial of Liability: In this type of answer, the defendant denies any responsibility or liability for the injuries alleged by the plaintiff. They argue that their actions or negligence did not cause the claimed injuries or damages. 2. Affirmative Defenses: The answer may include affirmative defenses, which are legal arguments asserting that even if the defendant's actions caused the plaintiff's injuries, there are other factors or circumstances that mitigate or excuse the defendant's liability. Common affirmative defenses in personal injury cases may include contributory negligence (plaintiff's own fault), assumption of risk, statute of limitations, or intervening cause. 3. Counterclaims: In some cases, the defendant may file a counterclaim as part of their answer. A counterclaim is a claim made by the defendant against the plaintiff, alleging that the plaintiff is responsible for the defendant's injuries or damages. This maneuver allows the defendant to seek compensation from the plaintiff for any harm caused. 4. Third-Party Claims: In certain situations, the defendant may include third-party claims in their answer. This involves bringing another party into the lawsuit, typically alleging that the third party shares responsibility for the plaintiff's injuries or damages. The defendant may argue that the third party's negligence or actions played a role in the incident. 5. Request for Dismissal or Summary Judgment: If the defendant believes that the plaintiff's claim lacks legal merit or there is insufficient evidence, their answer may include a request for dismissal or summary judgment. This means they are asking the court to dismiss the case before it proceeds to trial, arguing that there is no genuine dispute of material facts or that the plaintiff cannot meet their burden of proof. Keywords: Denial of liability, affirmative defenses, counterclaims, third-party claims, request for dismissal, summary judgment, personal injury case.
Hawaii General Personal Injury Answer
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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.
The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise blank, to a party requesting it, who shall fill it in before service. (b) For production of documentary evidence.
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.
(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, ...
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 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.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...