What are the steps for filing a motion for summary judgment?
In Hawaii, filing a motion for summary judgment involves several steps: 1. Draft the motion. A motion for summary judgment must include an explanation as to why the court should rule in your favor without the need for a full trial. This includes a statement of facts and a statement of law which shows why the court should rule in your favor without a trial. 2. File the motion. The motion should be filed with the court. This includes filing forms with the court that set out the facts of the case and your legal arguments as to why summary judgment should be granted. 3. Serve the motion. The motion then has to be served on the other side in the case. This is typically done by sending copies of the motion to the other side by mail or in person. 4. Response. The other side then has the opportunity to respond to the motion and present their own arguments on why the court should not grant summary judgment. 5. Hearing. A hearing will be scheduled so that each side can present their arguments to the court. The court will then decide whether to grant summary judgment or proceed to a trial. 6. Judgment. The court will then issue a judgment, either granting the motion for summary judgment or denying it and requiring a trial. These are the basic steps for filing and arguing a motion for summary judgment in Hawaii. It is important to note that the steps can vary depending on the specific facts of a case and any applicable local rules.
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