Free Continuance (Non-Hearing Motion) - Hawaii

NoN-HeariNg MotioN for CoNtiNuaNCe; DeClaratioN; NotiCe of MotioN; CertifiCate of ServiCe;
iN tHe DiStriCt Court of tHe fiftH CirCuit State of Hawai`i
Plaintiff(s)
Reserved for Court Use

Form #5DC11

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

NoN-HeariNg MotioN for CoNtiNuaNCe Hearing-Type of Motion: ___________________________________________________________________________________ Trial Pre-Trial Other-Specify: ____________________________________________________________________________ The Filing Party(ies) requests that this Motion be granted for the reasons stated in the Declaration below. 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: That Filing Party(ies) wishes to continue this proceeding to the date and for the reason stated below. I have contacted the Opposing Party(ies) or their attorney(ies) and they will not agree to the continuance or I have tried several times to contact them by telephone and/or mail and they have not returned my calls or answered my letters. (Explain why you will not be available and want this continuance. Attach continuation page, if necessary). Old Date/Time:___________ Reason for continuance: New Date/Time:______________ No. of Prior Continuances: _________________

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 reverse side and filed with the Court no later than 5 days from the date shown on the Certificate of Service when the Motion is hand-delivered or 7 days excluding Saturday, Sunday and legal holidays when the Motion is mailed. Your written response can be delivered of mailed to the Court at 3970 K¯ `ana a 1 Street, DC Civil Division, Suite 207, L¯hu`e, Hawai`i 96766. IF NO RESPONSE IS RECEIVED BY THE COURT BY THE DATES SPECIFIED IN THIS NOTICE, THIS MOTION MAY BE GRANTED.

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

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

RepRogRaphics (05/08)

coNTNh 5D-p-177

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

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

reSpoNSe to MotioN/CertifiCate of ServiCe

I DO NOT OBJECT to this Motion. I DISAGREE with this Motion for the following reasons: (Attach continuation page, if necessary).

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.

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 of Mail, Postage Prepaid, at the following address(es):

Signature of Responding Party(ies)/Responding Party(ies)' Attorney: Date: reserved for Court use Print/Type Name: Court orDer

This Motion is granted and you must appear at the new date and time stated in the Declaration on the reverse side. This Motion is denied and you must appear at the old date and time stated in the Declaration on the reverse side. This Motion is partially granted and you must appear at ______________.m. on ________________________________for TRIAL HEARING ON MOTION PRE-TRIAL OTHER _____________________________________________________

Date:

Judge of the above-entitled Court In accordance with the americans 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 482-2533 at least (10) working days in advance of your hearing or appointment date.

Clear form
RepRogRaphics (05/08) 5D-p-177