MoTIon To seT asIDe DefaulT JuDgMenT or DIsMIssal; DeclaraTIon; noTIce of MoTIon; cerTIfIcaTe of servIce In The DIsTrIcT courT of The fIfTh cIrcuIT sTaTe of hawaI`I Plaintiff(s) Form #5DC42 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: Motion to set aside default judgMent or disMissal 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, known the contents and verify that the statements are true to my personal knowledge and belief. i declare under PenaltY of PerjurY under tHe laWs of tHe state of HaWai`i tHat tHe folloWing is true and correct: 1. I am the Movant or associated with Movant as _________________________________________________________; 2. The following are facts why the Motion should be granted (attach continuation page, if necessary): Signature of Declarant: Date: RepRogRaphics (07/08) Print/Type Name: CommonLook® 508 Certified American LegalNet, Inc. www.FormsWorkFlow.com motsetsd 5d-p-213 notice of Motion TO: _______________________________________________________________________________________________________ Please take notice that this Motion will be heard by the District Judge of the Court, in his/her Courtroom, at the address below: on ____________________________ _______________. 20_______ at _____ ___M., or as soon thereafter as parties may be heard. court address Kaua`i Judiciary Complex Courtroom #2 3970 Ka`ana Street ¯ L¯ hu`e, Hawai`i i Mailing address for the above Court: 3970 Ka`ana Street, DC Civil Division, Suite 207, L¯ hu`e, Hawai`i 96766 ¯ i 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 Hand delivery or Mail, Postage Prepaid, at the following address(es) Signature of Filing Party(ies)/Filing Party(ies)' Attorney: Date: Print/Type Name: resPonse to Motion/certificate of service I DO NOT OBJECT to this Motion. 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 laWs of tHe state of HaWai`i tHat tHe above is true and correct. 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 Hand delivery or 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 if you require an accommodation for your disability, please contact the District Court Administration Office at PHONE NO. 482-2347, FAX 482-2509, OR TTY 482-2533 at least (10) working days in advance of your hearing or appointment date. RepRogRaphics (07/08) CommonLook® 508 Certified American LegalNet, Inc. www.FormsWorkFlow.com motsetsd 5d-p-213