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Evidence in Support of Plaintiff's Application for Default

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EX PARTE MOTION FOR DEFAULT JUDGMENT; DECLARATION;
EXHIBIT(S) 1 THROUGH ; DECLARATION OF COUNSEL
RE: ATTORNEY'S FEES; ORDER

IN THE DISTRICT COURT OF THE SECOND CIRCUIT
DIVISION
STATE OF HAWAI'I

Plaintiff

Defendant

Against Defendant: Name(s)

Reserved for Court Use

Civil No.

Filing Party/Attorney Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Fax Number or Email

EX PARTE MOTION FOR DEFAULT JUDGMENT

Plaintiff moves for an Order Granting Default Judgment against Defendant on the grounds that Defendant has failed to answer, appear or otherwise defend, and the time to otherwise move or plead has expired and has not been extended in this action.

This Motion is made pursuant to District Court Rules of Civil Procedure, Rule 55(b)(2), and is based upon the attached Declaration, Exhibits 1 through and the records and files herein.

Date:

Signature of Filing Party/Attorney:

Print/Type Name:

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 THAT THE FOLLOWING IS TRUE AND CORRECT:

1. I am Plaintiff or associated with Plaintiff as

and submit this based upon the personal knowledge and information from the business records maintained in the ordinary course of business and from entries made therein at or near the time of the events so recorded.

2. The following facts show why Defendant owes the unpaid amounts requested by the Plaintiff. (Attach continuation sheet if necessary).

3. Attached as Exhibits 1 through are correct copies of the documents in support of Plaintiff's claims for judgment.

4. Based upon my experience as , the amount claimed by Plaintiff are fair and reasonable.

5. Defendant is not in the military service of the United States as defined by the Servicemembers Civil Relief Act.

Date:

Signature of Declarant:

Print/Type Name:

COURT ORDER

This Motion is granted. Default Judgment in favor of Plaintiff and against Defendant shall enter as follows:

$
$
$
$
$
$
$
$

Date:

Judge

Accessibility Icon

In accordance with the Americans with Disabilities Act, and other applicable State and Federal laws, if you require an accommodation for your disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. 244-2800, FAX 244-2849, or email adarequest@courts.hawaii.gov at least (10) working days before your preceeding, hearing, or appointment date. For Civil related matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141A, Wailuku, Hawaiʻi 96793.

I certify that this is a full, true, and correct
copy of the original on filed in this office.

Clerk, District Court of the above Circuit, State of Hawai'i

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What the Evidence in Support of Plaintiff's Application for Default Is

Evidence in Support of Plaintiff's Application for Default is a sworn or verified submission filed with a court that documents a defendant's failure to plead or defend and supports an entry of default and default judgment. Typical materials include a declaration or affidavit of service, proof that required notice periods expired, a damages computation or proposed judgment, and any statutorily required attachments. The packet establishes factual and legal bases the court needs to determine liability and enter relief without a contested hearing when permitted by procedure or statute.

Why a Complete Evidence Packet Matters

A well-prepared evidence submission helps the court decide default relief quickly, reduces requests for supplemental proof, and lowers the risk the default will be set aside. Clear, organized documents preserve the plaintiff’s claims, support requested damages, and comply with procedural rules.

Why a Complete Evidence Packet Matters

Who Prepares and Uses This Evidence

Plaintiffs, their attorneys, and court clerks handle gathering and filing evidence supporting a default application.

  • Plaintiff attorneys assembling affidavits, damages schedules, and statutory forms for submission to the clerk or judge.
  • Self-represented plaintiffs filing verified proof of service and declarations to secure entry of default where a defendant failed to respond.
  • Court clerks reviewing completeness, verifying proof of service, and accepting or returning filings based on local rules.

Typical Signatories and Preparers

Plaintiff

The plaintiff or an authorized representative usually provides factual statements and supporting documents. The plaintiff must ensure accuracy because sworn statements are subject to perjury and may be challenged when a default is later contested.

Attorney

Counsel prepares declarations, evidentiary exhibits, and proposed judgment calculations, ensures compliance with local civil procedure rules, and signs notices, certifications, or declarations required by the court.

Required Information and Fields to Include

Plaintiff Name: Full legal name
Defendant Name: Full legal name
Case Number: Court docket number
Proof of Service: Date and method
Declaration Date: MM/DD/YYYY
Signature Block: Signer name and title

Penalties and Risks of Incomplete or Incorrect Evidence

Rejection by Clerk: Filing returned
Default Vacated: Set-aside motion possible
Sanctions: FRCP 11 exposure
Delay: Proceedings postponed
Damages Reduced: Judgment limited
Perjury Risk: Criminal exposure

Common Mistakes to Avoid When Preparing the Evidence

  • Missing or defective proof of service is the most frequent cause of a returned or denied default application and can permit the defendant to reopen the case.
  • Submitting unsigned or unstamped declarations, or using the wrong notarization method, leads to clerk rejection or a request for supplemental affidavits.
  • Failing to itemize damages with supporting calculations and exhibits results in limited relief or an evidentiary hearing instead of a default judgment.
  • Using inconsistent party names, incorrect case numbers, or wrong court captions creates processing delays and may require refiling.

Step-by-Step: Prepare and File Your Evidence

Follow a consistent sequence: confirm service, assemble exhibits, prepare declarations, calculate damages, and submit to the clerk per local rules.

  • 01
    Confirm Service: Verify method and date of service.
  • 02
    Assemble Exhibits: Attach contracts, invoices, and correspondence.
  • 03
    Prepare Declaration: Swear to facts under penalty of perjury.
  • 04
    File with Court: Submit packet per court filing rules.

How Electronic Completion and Submission Work

Electronic workflows let you complete, sign, and submit evidence packets when permitted by the court; follow authentication and format requirements.

  • Upload Documents: Add complaint, exhibits, and declarations.
  • Place Fields: Add signature, date, and text entries.
  • Authenticate Signer: Use email, SMS, or stronger methods.
  • Export and File: Save PDF and submit per court rules.

Online Workflow Settings to Consider

Configure a repeatable workflow for assembling, signing, and exporting evidence packets to reduce errors and speed filing.

Field Configuration
Signature Type Electronic signature with audit trail
Authentication Method Email or SMS code for signer verification
File Format Export as flattened PDF/A for court submission
Retention Store signed packet and audit trail securely

Technical and Integration Considerations

Check platform compatibility with court e-filing and your internal systems before creating electronic evidence packets.

  • File Types: PDF, DOCX supported
  • Integrations: Connect to case management systems
  • Security Standards: TLS and AES encryption

Ensure the chosen platform meets court requirements, supports your preferred authentication methods, and preserves a complete audit trail for later proof.

Typical Deadlines and Timing to Watch

Deadlines depend on service method, governing rules, and local practice. Verify applicable statutes and local court rules before filing.

Rule to Answer Deadline:

Federal: typically 21 days after service (adjustments possible)

Motion for Default Entry:

File after defendant's answer period expires

Request for Default Judgment:

Submit showing damages and entitlement when allowed

Local Rule Variations:

Many courts impose additional timing or notice requirements

Stay and Reopening:

Defaults may be set aside for excusable neglect

Key Milestones from Service to Judgment

A clear milestone sequence helps track when a default can be requested and when a judgment may be entered without a contested hearing.

01

Service Occurs

Initiates defendant's response period.

02

Answer Period Ends

Plaintiff may seek entry of default.

03

Default Entered

Clerk or court records the default.

04

Default Judgment Filed

Court decides damages and enters judgment.

eSignature Pricing Comparison Relevant to Preparing Evidence Packets

Compare vendor starting prices, trial availability, bulk send, audit trail, HIPAA compliance, and envelope caps when selecting an eSignature solution for court evidence workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by plan Trial available Trial available Trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Practical Tips for Accurate and Efficient Completion

Adopt consistent document naming, validate all dates and party names, and preserve a clear audit trail to prevent administrative dismissals or vacatur motions.

Use Standard Templates
Start with court-approved or jurisdictionally tested templates to ensure required fields and formatting are present.
Double-Check Service
Confirm the method and date of service and attach proof before requesting default.
Itemize Damages
Provide detailed calculations and supporting exhibits; courts often refuse lump-sum assertions without evidence.
Preserve Audit Trails
Retain signed PDFs and metadata showing timestamps, IP addresses, and signer authentication.

Representative Examples and Customer Experiences

Real-world examples illustrate common approaches to assembling evidence and the practical benefits of digital workflows for default submissions.

Optica Ventures LLC

Their team streamlined document assembly for default motions using standardized packets with attachments.

  • The process reduced refile requests.
  • Brian Fitzgibbons, COO, reported the interface is simple and effective for team and client interactions while preserving necessary documentation.

Martin Properties

A property manager used mobile-enabled forms to collect affidavits and proof of service on site.

  • Faster evidence collection reduced delay risk.
  • Tim Martin, Founder, noted processing and executing documents online provided compliance and efficiency for eviction and collection matters.

FAQs and Troubleshooting for Default Evidence Submissions

Answers to common procedural and technical questions about assembling, authenticating, and filing evidence supporting a default application.


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