Rule 56 – Summary Judgment

by | May 11, 2021 | Civil Procedure, Hawaii

(a) For claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party’s favor upon all or any part thereof. A party seeking...

Rule 55 – Default

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default.(b) Judgment....

Rule 53 – Masters

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Appointment and compensation. The court in which any action is pending may appoint a special master therein. As used in these rules the word “master” includes a referee, an auditor, an examiner, and an assessor. The compensation to be allowed to a...

Rule 52 – Findings by the Court

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Effect. In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in granting or refusing...

Rule 51 – Instructions to Jury

by | May 11, 2021 | Civil Procedure, Hawaii

(a) Pre-instruction. Prior to the presentation of evidence, the court may pre-instruct the jury on the elements of the pleaded causes of action and claimed defenses.(b) Requests. At the close of the evidence or at such earlier time during the trial as the court...