Fillable EX PARTE MOTION TO STAY EXECUTION OF WRIT (Hawaii State Judiciary)

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EX PARTE MOTION TO STAY EXECUTION OF WRIT (Hawaii State Judiciary)

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EX PARTE MOTION TO STAY EXECUTION OF WRIT
OF POSSESSION; DECLARATION; ORDER #1DC16
IN THE DISTRICT COURT OF THE FIRST CIRCUIT
______________________________ DIVISION
STATE OF HAWAI‘I
Reserved for Court Use
Plaintiff
Civil No.
Defendant Filing Party/Attorney Name, Attorney Number, Firm Name (if
applicable), Address, and Telephone Number
EX PARTE MOTION TO
STAY EXECUTION
OF WRIT OF POSSESSION
__________________________________________________________________________________________________________
Filing Party requests that this Motion be granted for the reasons stated in the Declaration below and is made pursuant to:
G Rules of the District Courts of the State of Hawai‘i, Rule _________________________;
G District Court Rules of Civil Procedure, Rule ____________________;
G Hawai‘i Revised Statutes § __________________________________.
DECLARATION
1. I am G the Moving Party or G associated with the Moving Party as ______________________________________________;
2. I did not attend my summary possession hearing because:
G I was not served with a Summons and Complaint for this eviction proceeding and did not know that I had a hearing scheduled.
G I was in the District Court building, but I went to the wrong courtroom and missed my hearing. (Explain below.)
G I was unexpectedly delayed and was a few minutes late for my hearing. I checked in with the court clerk, who advised me that I
had just missed my hearing. (Explain below.)
G There was a medical emergency in my family and I was unable to make it to court on time.
G I was ill or hurt and unable to attend court.
G The date that I was supposed to attend my hearing was not clear to me. (Explain below.)
Please use the following lines for your further explanations:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
I certify that this is a full, true, and correct
copy of the original on file in this office.
________________________________________________
Clerk, District Court of the above Circuit, State of Hawai‘i
SEE PAGE 2
RG-AC-508 (3/18)
1D-P-1495
Page 1 of 2 Form #1DC16
3. I believe that the Writ of Possession should be stayed because:
G I did not receive proper written notice from my landlord giving me the correct amount of days to correct the problem.
G My landlord claims non-payment of rent, but I have proof that I have paid the rent.
G My landlord refused to accept my payment
G I have valid defenses/reasons. Explain below.
Please use the following lines for your explanations:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
I DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT.
Date:
Signature of Declarant:
Print/Type Name:
CERTIFICATE OF SERVICE
I G mailed or G hand-delivered a copy of this Motion to my landlord or their attorney on (date)______________________________ at the
following address:
Reserved for Court Use
COURT ORDER
This Motion is: G GRANTED G DENIED
G PARTIALLY GRANTED as follows:
Date: Judge
In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require an accommodation
for a disability when working with a court program, service, or activity, please contact the District Court Administration Office at
PHONE NO. 538-5121, FAX 538-5233, or TTY 539-4853 at least ten (10) working days before your proceeding, hearing, or
appointment date. For Civil related matters, please call 538-5629 or visit the District Court Service Center at 1111 Alakea
Street, Third (3
rd
) Floor.
Page 2 of 2 Form #1DC16
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EX PARTE MOTION TO STAY EXECUTION OF WRIT (Hawaii State Judiciary)

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Completed 19 July 2020

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