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Form 19 – Motion to Dismiss, Presenting Defenses of Failure to State a Claim or Lack of Service of Process

May 11, 2021 | Civil Procedure, Hawaii

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.
2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Hawaii, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively.

Signed: __________________________________
Attorney for Defendant
Address: _________________________________

Notice of Motion

To: __________________________________________________

Attorney for Plaintiff

Please take notice that the undersigned will bring the above motion on for hearing before the presiding judge of this court in the Judiciary Building, Honolulu, Hawaii, on the ____ day of __________________________, 1953, at __________________________ o’clock ____ M. or as soon thereafter as counsel can be heard.

Signed: __________________________________
Attorney for Defendant
Address: _________________________________

Note

The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b).

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