What are the procedures for filing a claim against a municipality?
In Hawaii, filing a claim against a municipality requires certain steps to be taken. The first step is to identify which municipality the claim is against. In Hawaii, municipalities include counties, counties and their subdivisions, the state, and other public entities. The next step is to draft and submit a complaint to the municipality being sued. This complaint must include the following: the claims being made, the relief being sought, the reasons for the action, and any other relevant information. The complaint should be served upon the municipality by registered mail or hand delivery. Once the complaint is served, the municipality has sixty days to respond by filing an answer. This answer must address each allegation in the complaint. If it does not, the court can deem the statements of the complaint as true and enter a judgment accordingly. After the answer is filed, the parties can engage in discovery to gather information and evidence related to the case. This includes questioning witnesses and experts, examining documents, and deposing individuals. After this phase is complete, the parties can then begin the process of negotiating a settlement or going to trial. Once the case is resolved or the trial concludes, the court will enter a judgment. If the municipality is found liable, the judgment will set out the damages awarded and any other orders or remedies that the court believes are appropriate. This concludes the procedure for filing a claim against a municipality in Hawaii.
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