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I am looking for information regarding the concept of a "Presumptive Letter" motion relative to defending against an illegal T.R.O.?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Hawaii

Lawyer's Assistant: Has anything been filed or reported?

Yes, there is a court case on the 18th of December.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The TRO was filed by the mother of the wife who is co-owner of their property and the mother lives on the same property.

Submitted: 8 months ago.Category: Legal
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Answered in 7 hours by:
12/9/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,936
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am afraid that the Hawaii Rules of Civil Procedure and Hawaii statutes do not make provisions for using a "presumptive letter" in court proceedings. A presumptive letter is merely the claims of the party writing the letter and has no legal effect and it is not recognized in court.

If you have an issue regarding the TRO, the presumptive letter would not be a defense to any claims, as it is not legally recognized in Hawaii as having any legally binding effect. You would need to file a motion to reconsider the TRO or seek to actually appeal the TRO if you believe it was illegally granted if the court grants it.

All a presumptive letter does is states your position on the case, if you object to the TRO you need to file a written objection in court and present your statutes and legal cases supporting your position in that objection.

Any objections to court cases are done by motion or objections to motions, not presumptive letters.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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