Free Motion for Default Judgment (Default) - Hawaii


File Size: 478.1 kB
Pages: 2
Date: August 20, 2008
File Format: PDF
State: Hawaii
Category: Court Forms - State
Author: Unknown
Word Count: 630 Words, 5,046 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.state.hi.us/jud/Kauai/District/5df3mtnx.pdf

Download Motion for Default Judgment (Default) ( 478.1 kB)


Preview Motion for Default Judgment (Default)
Ex PartE Motion for DEfault JuDgMEnt: DEclaration; Exhibit(s) 1 through _____; affiDavit of counsEl rE: attornEy's fEEs; orDEr granting Ex PartE Motion for DEfault JuDgMEnt
in thE District court of thE fifth circuit statE of hawai`i
Plaintiff(s)

Form #5DC17

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)

Last Court Date: Ex PartE Motion for DEfault JuDgMEnt Plaintiff(s) moves for an Order Granting Default Judgment against Defendant(s) on the grounds that Defendant(s) failed to answer appear or 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 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 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(s) is fair and reasonable. 5. Plaintiff(s) has incurred additional costs of $_______ for: _________________________________________________________ . 6. Defendan(s) is not an infant or incompetent person; default of Defendant(s) has been entered by the Court for failure to appear for Answer 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:
DF3MTNxp 5D-p-166

orDEr granting Ex PartE Motion for DEfault JuDgMEnt The Court having reviewed and considered the Ex Parte Motion for Default Judgment, the pleadings filed and the evidence presented, and being satisfied that the material allegations of the Complaint, together with damages, have been proven, now, therefore, it is orDErED, aDJuDgED anD DEcrEED, that the Ex Parte Motion for Default judgment be and the same 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

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.

Clear form

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

RepRogRaphics (05/08)

DF3MTNxp 5D-p-166