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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7165
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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What grounds for motion to dismiss? In Hawaii, its been

Customer Question

What grounds for motion to dismiss?

In Hawaii, it's been more than 90 days (well, 2 years!) and they still have not filed a pretrial statement (required to be filed within 90 days in Hawaii).

I found a nice template from the State's site. What are the official reasons I can mention to get this dismissed?

Failure to prosecute? Failure to move? Failure to file a pretrial statement? I'm not sure on what grounds exactly to do this, or if I should say multiple grounds.
Submitted: 3 years ago.
Category: Legal
Expert:  Irwin Law replied 3 years ago.

The court won't dismiss the case for failure to prosecute until it sends notice to the plaintiff that it is going to do so. The court usually does that on it's own motion after a case has sat for several years with no activity. If you have filed an answer so you are protected from a default, you ought to consider just letting it sit an grow old. But that depends on the facts and how that might affect your ability to defend the suit.



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Customer: replied 3 years ago.

In Hawaii, they said that the court CAN dismiss it, but doesn't necessarily mean they will. It's been idle for 2 years. I'm in a unique circumstance where I am about to study abroad for a year outside the country Aug 22 2013 to Aug 22 2014. I am hoping this will not linger over my shoulder (maybe as soon as I turn in a temporary change of address, they will notice it's outside the country and try to push forward knowing I would default by not showing up to a hearing!).


 


If they have not filed a pretrial statement, and it's been idle for 2 years, what grounds can I have to dismiss the case?

Expert:  Irwin Law replied 3 years ago.

If you are going to Taipei for a year, then I already answered this question, didn't I? Based on what you say here, you might be making a mistake to start proceedings for dismissal. now. Courts typically don't dismiss cases easily just because they've sat dormant for a long time. The judge is more likely to give the Plaintiff some time to file whatever it is they should have filed earlier.

I hope that this information is helpful. Please click on a smiley face so that I will be
compensated for assisting you. If you have a follow up question please send me
back a Reply without entering any rating. Also, be sure to verify this
information with a local attorney who is familiar with your local laws and
procedures. Thanks again for using Pearl.Com- Just Answer. Your business
is appreciated.