MOTION TO SET ASIDE G DEFAULT G JUDGMENT OR G DISMISSAL; DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE IN THE DISTRICT COURT OF THE FIRST CIRCUIT ______________________________ DIVISION Choose One STATE OF HAWAI`I Plaintiff(s) Form # 1DC42 Reserved for Court Use Civil No. Defendant(s) Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable)), Address, Telephone and Facsimile Numbers Date of Default, Judgment or Dismissal entered: M OTION TO SET ASIDE G DEFAULT G JUDGM ENT or G DISM ISSAL Filing Party(ies) requests that this Motion be set for hearing on a date and time certain. This Motion is based on the Declaration below and is made pursuant to the District Court Rules of Civil Procedure, Rule ________________________. DECLARATION I have read this Motion, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAW S OF THE STATE OF HAW AI`I THAT THE FOLLOW ING IS TRUE AND CORRECT: 1. I am the G Movant or G associated with Movant as ___________________________________________________________; 2. The following are facts why the Motion should be granted (attach continuation page, if necessary); Signature of Declarant: Date: Print/Type Name: SEE AND USE REVERSE SIDE TO RESPOND TO M OTION (Rev. 03/01/2010) 1D-P-800 CommonLook® 508 Certified Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Reprographics (03/10) 1DC Form#1DC42 NOTICE OF M OTION TO:___________________________________________________________________________________________________________: Please take notice that this Motion will be heard by the District Judge of this Court, in his/her Courtroom, at the address checked below on ____________________________, _________________________ 20____ a t ________ ____ M., or as soon thereafter as parties may be heard. COURT ADDRESSES G G G G G Honolulu Division `Ewa Division Ko`olaupoko OR Ko`olauloa Division W ahiawâ OR W aialua Division W ai`anae Divison 1111 Alakea Street, 10 th Floor, Honolulu, Hawai`i 870 Fourth Street, Pearl City, Hawai`i 45-939 Po`okela Street, Kâne`ohe, Hawai`i 1034 Kilani Avenue, W ahiawâ, Hawai`i 4675 Kapolei Parkway, Kapolei, Hawai`i M ailing address for the above Courts: 1111 Alakea Street, Civil Division, Third Floor, Honolulu, Hawai`i 96813 CERTIFICATE OF SERVICE I certify that a copy of this Motion was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on _______________________________________________ by G Hand-delivery or G Mail, Postage Prepaid, at the following address(es): Signature of Filing Party(ies)/Filing Party(ies)' Attorney: Date: Print/Type Name: RESPONSE TO M OTION/CERTIFICATE OF SERVICE G I DO NOT OBJECT to this Motion. G I DISAGREE with this Motion for the following reasons: (Attach continuation page, if necessary). Reserved for Court Use I have read this Response, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAW S OF THE STATE OF HAW AI`I THAT THE FOLLOW ING IS TRUE AND CORRECT: CERTIFICATE OF SERVICE I certify that a copy of this Response was served at the last known address(es) of the Opposing Party(ies) or Opposing Party(ies)' attorney on _______________________________________________ by G Hand-delivery or G Mail, Postage Prepaid, at the following address(es): Signature of Responding Party(ies)/Responding Party(ies)' Attorney: Date: Print/Type Name: 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 all Civil related matters, please call 538-5151 or visit the District Court Service Center at 1111 Alakea Street, Third (3rd) Floor. (Rev. 03/01/2010) 1D-P-800 CommonLook® 508 Certified Pag e 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Form#1DC42