Free Motion for Default Judgment (Non-hearing)(Default) - Hawaii

NoN-HeariNg MotioN for Default JuDgMeNt: DeclaratioN; exHibit(s) 1 tHrougH _______: affiDavit of couNsel re: attorNey's fees; Notice of MotioN; certificate of service; orDer
iN tHe District court of tHe fiftH circuit state of Hawai`i
Plaintiff(s)

Page 1 of 3 Form #5DC18

Reserved for Court Use

Civil No. Defendant(s) Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)

Against Defendant(s): NoN-HeariNg MotioN for Default JuDgMeNt Plaintiff(s) moves for an Order Granting Default Judgment against Defendant(s) on the grounds that Defendant(s) failed to appear or otherwise defend for Pre-Trial conference Trial or to otherwise defend, and the time or otherwise move or plead has expired and has not been extended in this action. This motion is made pursuant to District Court Rules of Civil Procedure, Rule 55(b) (2), and is based upon the attached Declaration(s), Exhibits 1 through __________ , and the records and files herein. Signature of Filing Party(ies)/Filing Party(ies)' Attorney: Date: Print/Type Name:

DeclaratioN I have read this Motion, know the contents and verify that the statements are true to my personal knowledge and belief. i Declare uNDer peNalty of perJury uNDer tHe laws of tHe sate of Hawai`i tHat tHe followiNg is true aND correct: 1. I am the Plaintiff or Associated with Plaintiff(s) as __________________________________________________________ and submit this based upon personal knowledge and information from business records which are maintained in the ordinary course of business and from entries made therein at or near the time of the events so recorded. 2. The Following facts why the Motion should be granted (attached verified complaint and/or continuation sheet if necessary): 3. Attached hereto as Exhibits 1 through _________ are true and correct copies of the documents in support of Plaintiff(s)' claims for judgment against Defendant(s) as named. 4. Based upon your Declarant's experience as _____________________________________________________________________ , the amount of damages sustained by Plaintiff is fair and reasonable. 5. Plaintiff(s) has incurred additional costs of $_______ for: _________________________________________________________ . 6. Defendant is not an infant or incompetent person; default of Defendant(s) has been entered by the Court for failure to appear for Pre-trial conference Trial or to otherwise defend; Defendant(s) is not in the military service of the United States as defined by the Soldier's and Sailor's Civil Relief Act of 1940 or any amendments thereto; the amount due is justly due and owing and no part thereof has been paid; and the disbursements sought to be taxed have been made or incurred thereon.

Signature of Declarant: Date:
RepRogRaphics (05/08)

Print/Type Name:
DF4MTNhR 5D-p-165

Page 2 of 3

Notice of MotioN TO: ________________________________________________________________________________________ NOTICE IS GIvEN that the undersigned has filed this Motion. Any response to this Motion must be in writing on the space provided below (attach separate page is more space is needed) and filed with the Court no later than 10 days from the date shown on the Certificate of Service below when the Motion is hand-delivered or 12 days when the Motion is mailed. Your written response can be delivered or mailed to the Court at 3970 Ka`ana Street, DC Civil Division, Suite 207, L¯ hu`e, Hawai`i 96766. if No respoNse is receiveD by ¯ 1
tHe court by tHe Dates specific iN tHis Notice, tHis MotioN May be graNteD.

certificate of service I certify that a copy of this Motion was served at the last known address(es) of the Opposing Pary(ies) or Opposing Pary(ies)' attorney on ________________________________________________ by Hand-deliver or Mail, Postage Prepaid, at the following address(es):

Signature of Filing Pary(ies)/Filing Pary(ies)' Attorney: Date: Print/Type Name:

respoNse to MotioN/certificate of service I DO NOT OBJECT in this Motion. I DISAGREE with this Motion for the following reasons:

I have read this Response, know the contents and verify that the statements are true to my personal knowledge and belief. i Declare uNDer peNalty of perJury uNDer tHe laws of tHe state of Hawai`i tHat tHe above is true aND correct. Signature of Respondent Pary(ies)/Responding Pary(ies)/ Attorney: Date: Print/Type Name:

RepRogRaphics (05/08)

5D-p-165

Page 3 of 3

certificate of service I certify that a copy of this Response was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on ______________________________ by Hand-delivery or Mail, Postage Prepaid, at the following address(ies):

Signature of Respondent Party(ies)/Responding Party(ies)/ Attorney: Print/Type Name:

Date:

court orDer This Motion is granted. Default Judgment in favor of Plaintiff(s) and against Defendant(s) shall enter as follows: Principal Claimed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________ Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________ Attorney's Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________ Costs of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________ Sheriff's Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________ Other Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ __________________ Total Default Judgment Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ This Motion is Denied.

Date:

Judge of the above-entitled Court In accordance with the american with Disabilities act if you require an accommodation for your disability, please contact the District Court Administration Office at PHONE NO. 482-2347, FAX 482-2509, or TTY 428-2533 at least ten (10) working days in advance of your hearing or appointment date. Default Entered Against the Above named Defendant(s) on____________________________________________________ ______________________________________________________ Clerk, District Court of the Above Circuit, State of Hawai`i

I certify that 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

NoN-HeariNg MotioN for Default JuDgMeNt, DeclaratioN; exHibit(s) i tHrougH ____; affiDavit of couNsel re: attorNey's fees; Notice of MotioN: certificate of service: orDer

Civil No. ______________________________________________

Clear form
RepRogRaphics (05/08) 5D-p-165