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    A Guide to District Court Civil Forms in the State of Hawaii
    A Guide to District Court Civil Forms in the State of Hawaii
    A Guide to District Court Civil Forms in the State of Hawaii
    Ebook123 pages1 hour

    A Guide to District Court Civil Forms in the State of Hawaii

    By HI DC Guide, Ltd.

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    About this ebook

    This form-by-form guide examines each civil form used in the District Courts of the State of Hawai'i. It provides a breakdown of the essential elements of each form and how to avoid the costly mistakes and omissions that both novice and experienced participants in the legal system often make.

    LanguageEnglish
    PublisherHI DC Guide, Ltd.
    Release dateOct 8, 2013
    ISBN9781301424276
    A Guide to District Court Civil Forms in the State of Hawaii

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      A Guide to District Court Civil Forms in the State of Hawaii - HI DC Guide, Ltd.

      Form DC02: Declaration Regarding Attorney’s Fees & Costs

      This form is used to state the amount of attorney fees and costs requested as a part of the total judgment amount for regular claims only (attorney’s fees are not recoverable for small claims), when the fees claimed exceed $500. (Attorney fees amounting to $500 or less can be claimed directly on the relevant Judgment form without a Form DC02.)

      When necessary, Form DC02 is filed in conjunction with Forms DC17 (Ex Parte Motion for Default Judgment) and DC18 (Non-Hearing Motion for Default Judgment) in cases where the principal amount claimed is unverified, or with Form DC34 (Judgment) where the principal amount has been verified. (The minutes of the court hearing at which the default occurred should indicate whether or not the default was verified.)

      The form may also be used to claim post-judgment attorney fees and costs under HRS §607-14.7.

      As the use of this form only arises where you have retained counsel, it is advisable to have your attorney fill out this form when required.

      CAPTION

      Division: Fill in the Division in which the original Complaint was filed (e.g., Honolulu, Wai‘anae).

      Civil No.: Fill in the case number from the original Complaint (e.g., 1RC13-1-00000X). The RC notation indicates regular claims.

      Plaintiff(s): Fill in the Plaintiff(s)’s name(s) exactly as written in the original Complaint.

      Defendant(s): Fill in the Defendant(s)’s name(s) exactly as written in the original Complaint.

      Filing Party/Attorney Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Fax Numbers: Fill in the name and contact information of the filing party or attorney.

      DECLARATION

      HRS: Check off the appropriate box for the Hawai‘i Revised Statutes provision(s) under which the attorney fees are claimed.

      Judgment Amount: Fill in the sum of the principal and interest (if any). The total amount may impact the amount of attorney fees that can be recovered. (For example, attorney fees under HRS § 607-14 are limited to 25% of the principal plus interest.)

      I.: Attorney’s Fees. Select A or B (or both if fees are a combination of hourly rate and agreed-upon fees). Regardless of the selection, an itemized report (e.g., invoices) should be included as Exhibit 1. Fees claimed under Section I can be inclusive of General Excise Tax.

      A.: Fee based on an hourly rate. Check off this box if the fees are calculated by multiplying the hours spent on the action (or expected to be spent to obtain a final written judgment) by the attorney’s hourly rate.

      B.: Fee based on an agreed-upon fee. Check off this box if the fees are based on an agreed-upon fee rather than an hourly rate. The fee agreement should be explained in the space below or in an attached supplemental declaration.

      Total Fees Requested: The total amount of fees claimed under A or B (or both) should be filled in here. This amount should match the Attorney’s Fees line on Form DC34 (and Forms DC17 and DC18, if applicable).

      II.: Other Costs. Select the box next to the HRS provision under which the other costs are claimed. If Other is selected, fill in the specific statute. Copies of invoices and/or receipts of all other costs claimed should be attached to Form DC02 as Exhibit 2. Fill in an itemized list of the cost(s) and the amount(s) requested in the lines provided. The amount(s) should correspond to the invoices and/or receipts in Exhibit 2.

      Date & Signature. The person making the Declaration should print his or her name, sign, and date Form DC02 on the appropriate lines.

      ORDER

      For court use only. The judge will fill in the amount of attorney fees and other costs awarded before approving the order.

      Form DC03: Bench Warrant

      This form is used when an individual fails to show up for a court hearing (most often regarding an order for examination, pursuant to Form DC44, or an order for a garnishee to show cause, pursuant to Form DC31). It need only be filled out after a judge has order the issuance of a bench warrant, usually during the hearing at which the individual failed to

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