Hawaii Subpoena for Documents to a Nonparty

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Multi-State
Control #:
US-PI-0315
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Word; 
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Description

This form is a sample subpoena seeking documents, served upon a non-party to the action.

A Hawaii Subpoena for Documents to a Nonparty is a legal document used in the state of Hawaii to request specific documents from a person or organization who is not directly involved in a lawsuit or legal dispute. It is typically issued by one of the parties involved in the case and served to a nonparty who possesses or has control over important documents that may be crucial to the resolution of the case. These subpoenas are an essential tool in the discovery phase of litigation, allowing parties to obtain relevant information and evidence from nonparties. They can be issued for various types of cases, including civil lawsuits, criminal cases, or administrative proceedings. There are different types of Hawaii Subpoenas for Documents to a Nonparty, depending on the nature and purpose of the documents being requested. Some common variations include: 1. Subpoena for Production of Documents: This type of subpoena is used to request the production of specific documents in the possession, custody, or control of a nonparty. It can be used to collect a wide range of records, such as business records, contracts, emails, financial documents, or medical records. 2. Subpoena Ducks Cecum: These subpoenas are similar to subpoenas for production of documents but require the nonparty to not only provide the requested documents but also testify under oath regarding their authenticity and the circumstances of their production. This type of subpoena is often used to obtain critical evidence for trial or deposition purposes. 3. Subpoena for Business Records: This specific type of subpoena is used when seeking specific business records from a nonparty. It may be necessary in cases involving disputes over contracts, employment matters, partnership agreements, or financial transactions. 4. Subpoena for Medical Records: In cases where medical records are crucial for the resolution of a lawsuit, such as personal injury claims or medical malpractice suits, a subpoena for medical records may be issued to obtain relevant records from nonparty healthcare providers or facilities. When drafting a Hawaii Subpoena for Documents to a Nonparty, it is crucial to ensure compliance with the state's rules and regulations governing subpoenas. This includes correctly formatting the document, clearly identifying the requested documents, providing ample time for response, and covering any associated costs or fees. It is advisable to seek legal counsel or consult relevant statutes and case law to ensure the subpoena is properly drafted, served, and enforceable. Noncompliance with a valid subpoena may result in sanctions or other legal consequences.

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FAQ

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 ...

By law, the issued subpoena must then be personally served on the witness no less than 48 hours prior to the hearing by a person over age of 18 who is not a party to the case. The Respondent is not allowed to serve the subpoena himself/herself. The subpoena must be served by somebody else who is over the age of 18.

As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.

In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.

Rule 35 - Correction or Reduction of Sentence (a) Correction of Illegal Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.

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.

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.

(c) Service. 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.

More info

The subpoena shows the date, time, and location where witnesses are expected to appear and testify. Note which specific courtroom you are subpoenaed to as there ... Certain provisions of Fed. R. Crim. P. 17 are attached, including Rule 17(c)(2), relating to your ability to file a motion to quash or modify the subpoena; ...(b) For production of documentary evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, ... The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time prior to the trial or prior to ... Nov 29, 2019 — Your client has no claims and has not been sued but nevertheless receives a subpoena for documents in a litigation in which it has no stake. 5-34-13, Hawaii Administrative Rules. (H.A.R.). Subpoenas are documents that request the attendance of witnesses at a scheduled administrative child support ... The interactive interviews ask a series of questions to complete a legal form or court approved document. The interactive interview also provides helpful ... Nov 17, 2014 — States have different requirements for response times based on whether the deposition subpoena seeks documents, testimony, or both. In addition, ... Sep 27, 2018 — A foreign subpoena is needed when you want to take the deposition of a non-party or obtain records from a non-party in another state. Before ... I certify this is a full, true, and correct copy of the original on file in this office. Clerk, District Court of the above Circuit, State of Hawai'i.

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Hawaii Subpoena for Documents to a Nonparty