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

NON-HEARING MOTION FOR DEFAULT JUDGMENT; DECLARATION; EXHIBITS(S) 1 THROUGH ; AFFIDAVIT OF COUNSEL RE: ATTORNEY'S FEES; NOTICE OF MOTION; CERTIFICATE OF SERVICE; ORDER IN THE DISTRICT COURT OF THE FIRST CIRCUIT ______________________________ DIVISION STATE OF HAWAI`I
Plaintiff(s)

TWO-SIDED FORM

Page 1 of 3
Form #1DC18

Reserved for Court Use

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

Defendant(s)

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 G Pre-Trial conference G Trial or to otherwise defend, and the time to 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 STATE OF HAWAI`I THAT THE FOLLOWING IS TRUE AND CORRECT: 1. I am the G Plaintiff or G 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 are facts why the Motion should be granted (attach verified complaint and/or continuation sheet if necessary): 3. 4. 5. 6. 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. Based upon your Declarant's experience as , the amount of damages sustained by Plaintiff(s) is fair and reasonable. Plaintiff(s) has incurred additional costs of $ for: . Defendant(s) is not an infant or incompetent person; default of Defendant(s) has been entered by the Court for failure to appear for G Pre-trial conference G 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:
DF4MTNHR.3X (Amended 4/18/97)v

Print/Type Name:

SEE AND USE REVERSE SIDE TO RESPOND TO THIS MOTION

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 if 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 1111 Alakea Street, Civil Division, Third Floor, Honolulu, Hawai`i 96813. IF NO RESPONSE IS RECEIVED BY THE COURT BY THE DATES SPECIFIED 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 Party(ies) or Opposing Party(ies)' attorney on by G Hand-delivery or G Mail, Postage Prepaid, at the following address(es):

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

RESPONSE TO MOTION/CERTIFICATE OF SERVICE

G G

I DO NOT OBJECT to this Motion. I DISAGREE with this Motion for the following reasons:

Reserved for Court Use

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

SEE NEXT PAGE

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 G Hand-delivery or G Mail, Postage Prepaid, at the following address(es):

Signature of Responding Party(ies)/Responding Party(ies)' Attorney: Date: Print/Type Name: COURT ORDER

G

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 Fees . . . Sheriff's Mileage Other Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Total Default Judgment Amount . . . . . . . . . . . . . . . . . . . . . . .

G

This Motion is Denied.

Date:

Judge of the above-entitled Court

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Clear form

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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