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Law Educator, Esq.
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Im looking here: http://www.courts.state.hi.us/self-help/courts/forms/hawaii/distri

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I'm looking here:
http://www.courts.state.hi.us/self-help/courts/forms/hawaii/district_court_forms.html

I'm trying to file a motion for failure to prosecute. I assume that's the Motion for Default form? There are two: One is "motion for Default" and the other is "Motion for Default (non-hearing)". For non-hearing, do I just bring all my documents to the clerk and they forward it to the judge to review? Is there any reason why I would want to file for a hearing opposed to a non-hearing?

Also, any tips of what to add in the failure to prosecute form? So far, my main thing is:

Pursuant to Hawaii Rules of Civil Procedure (HRCP) Rule 41(b), I respectfully XXXXX XXXXX motion against the PLAINTIFF for Failure to Prosecute.

What is the process to file a motion for failure to prosecute (if it's same as using their motion for default form, which it seems like it is).

The Plaintiff never filed a pretrial statement and it's been 2 years. Idle for 1.5 years. Nothing has happened (I got a complaint, i responded, and that's pretty much it).

Also, is there a way to expedite the process? How long do they have to respond? I leave on Aug 22 to study abroad (i'd try to file for continuance soon if this takes too long, but that's a different story).

Overall, any tips/general process regarding failure to prosecute would be greatly appreciated! I look forward to rating you 5 stars.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

In Hawaii, if you are the defendant and have no countersuit filed, then you file a Motion to Dismiss for want of prosecution (failure to prosecute). See: Motion to Dismiss.

You are filing the motion pursuant to HRCP 41b and Hawaii Revised Statutes 635-3 for want of prosecution. You also have to look at the local court rule for the court you are actually in to see if the local court sets a specific time period for no action, if not it is a reasonable time at discretion of the court.

If you file it now, the other party has 20 days to respond and if they do not respond to the motion it will be dismissed. If they respond without any good cause for the delay the court can still dismiss.


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I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 4 years ago.

In hawaii, it CAN be dismissed after 1 year -- but they don't have to. One person recommended I write to the judge for procedural dismissal. I got some 10 page letter back saying I broke a rule of court and they forwarded the message to the Plaintiff so they could see what I wrote.


 


I actually did file a countersuit, but I am wondering if I can still do a motion to dismiss and dismiss my own countersuit if they agree to have it dismissed as well? I'm starting to realize that I don't have the resources to perform a full countersuit by myself. I'll probably officially ask a new separate question on this site about the process of pursuing counterclaims just in case it's easier than I'm thinking ..


 


Because I have no money and no assets, now would be the time to do SOMETHING because if i lose (which I won't .. it's blatantly a case to try to scare me and nothing more), nothing should happen really (so I hear).


 


Anyway, in short I'm wondering what my options are IF I did file counterclaims alongside my complaint response.


 


 

Thank you for your response.

At this point, if your filed a countersuit, I suggest you file the motion for default judgment. You ask the court in the motion for default you have to dismiss the case against you and to grant you default judgment in your favor on the counterclaim. If the plaintiff has not been answering anything or taking any action in over a year and a half as you said above then that is the best way to put an end to this because it has the plaintiff's case dismissed and gets you a default judgment in your favor on your case.
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