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Ex Parte Motion for Discontinuance of Order for Examination

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EX PARTE MOTION FOR DISCONTINUANCE OF ORDER
FOR EXAMINATION AND/OR RECALL OF BENCH WARRANT;
Order; CERTIFICATE OF SERVICE

Form #1DC19

IN THE DISTRICT COURT OF THE FIRST CIRCUIT

Plaintiff(s)

DIVISION

STATE OF HAWAIʻI

Reserved for Court Use

Court Date:

Civil No.

Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)

Defendant(s)

List name of Person to be examined or Person having failed to appear:

Filing date of Motion for Order for Examination:

EX PARTE MOTION FOR DISCONTINUANCE OF ORDER FOR
EXAMINATION AND/OR RECALL OF BENCH WARRANT

Judgment Creditor(s) requests to discontinue the above dated Order for Examination or Order for Examination on Judgment Debtor(s)/Person Having Knowledge and/or to recall Bench Warrant ordered on and issued on

CERTIFICATE OF SERVICE

I certify that a copy of this Motion was served at the last known address(es) of Judgment Debtor(s), Person Having Knowledge of the Affairs of Judgment Debtor(s), Person Having Failed to Appear, or his/her/its/their Attorney listed below on

by Hand-delivery or Mail, Postage Prepaid, at the following address(es):

Date:

Approved and So Ordered:

Date:

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. 538-5121, FAX 538-5233, or TTY 539-4853 at least ten (10) working days in advance of your hearing or appointment date. For Civil related matters, please call 538-5151.

DISCOE.X (Amended 4/18/97)v

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

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What the Ex Parte Motion for Discontinuance of Order for Examination Is

An Ex Parte Motion for Discontinuance of Order for Examination is a court filing asking a judge to end or suspend an existing order that authorized a post-judgment examination or compelled discovery without requiring notice to the opposing party. The motion is typically submitted on an expedited basis and explains why the examination is no longer necessary, was improvidently issued, or should be stayed for reasons such as settlement, mootness, improper scope, or changed circumstances. Courts decide ex parte requests under each court’s local rules and standards of emergency or exigent circumstances.

Why this Motion Matters for Case Management

Filing a discontinuance motion can stop intrusive or duplicative examinations, protect privileged information, and conserve court and party resources when the underlying need has ended or become improper.

Why this Motion Matters for Case Management

Who Typically Prepares and Files This Motion

The motion is most often prepared by attorneys for parties subject to an order for examination or by counsel for the moving party when circumstances change.

  • Opposing counsel seeking to end an overbroad examination within discovery limits.
  • Judgment debtor's counsel protecting client confidentiality and limiting burdens.
  • Movant's attorney documenting settlement, changed circumstances, or procedural defects.

Courts expect a concise factual statement, legal authority, and a proposed order when deciding ex parte discontinuance requests.

Who Signs and Files the Motion

Plaintiff Counsel

Plaintiff counsel or the party who obtained the original examination order may file to discontinue if circumstances warrant; the filing should state authority and facts supporting discontinuance and include a proposed order for the judge.

Defense Counsel

Defense counsel (judgment debtor’s attorney) can move to discontinue an examination on grounds of undue burden, privilege, mootness, settlement, or procedural defects and must certify efforts to notify or explain exigent circumstances for ex parte relief.

Essential Parts of a Professional Discontinuance Motion

A clear, court-ready motion includes factual background, legal argument, supporting declarations or exhibits, a proposed order, and proof of service or explanation for ex parte handling.

Case Caption

Full court caption with case number and parties exactly as on original filings; mismatches can cause clerical rejection or delays.

Statement of Relief

A concise request stating you seek discontinuance of the Order for Examination in whole or in part and describing scope of relief requested.

Factual Basis

A timeline of events and facts supporting discontinuance, such as settlement, withdrawal of request, changed circumstances, or procedural defects in the original order.

Legal Argument

Concise authorities and standards supporting discontinuance or stay, citing local rules and any controlling state or federal law applied by the court.

Supporting Declarations

Affidavits or declarations under penalty of perjury attesting to facts; attach exhibits like settlement agreements or correspondence as necessary.

Proposed Order

A clean proposed order for the judge to sign that clearly states the scope and effective date of discontinuance.

Step-by-Step: Preparing and Filing the Motion

Follow these sequential steps to draft, support, and present an ex parte discontinuance motion consistent with typical court expectations.

  • 01
    Draft Motion: Draft concise motion text and a clear proposed order.
  • 02
    Prepare Declaration: Attach a sworn declaration and key exhibits.
  • 03
    Check Local Rules: Confirm ex parte procedures, formatting, and filing method with the court’s local rules.
  • 04
    Submit Filing: File with the clerk per court rules and explain the ex parte basis in the filing cover sheet.

Configuring an Electronic Submission Workflow

When e-filing or sending an electronic motion, configure authentication, signatures, and storage to meet court and recordkeeping requirements.

Field Configuration
Signature Method Type, draw, or cryptographic signature accepted; confirm court’s e-sign policy
Authentication Use email link or multi-factor authentication for signer attribution where required
Storage Location Save final PDF with audit trail in secure repository with access controls
Notifications Enable delivery receipts for counsel and clerk if permitted by e-filing rules

Typical Document Flow from Draft to Court Decision

A practical flow shows drafting, supporting evidence, expedited filing, judicial review, and entry of discontinuance or hearing scheduling.

  • Drafting: Attorney assembles motion, declaration, exhibits, and proposed order.
  • Local Rule Check: Confirm ex parte standards, required notices, and formatting with the clerk.
  • Filing: Submit via e-file or clerk’s office with ex parte justification.
  • Court Action: Judge signs proposed order or sets hearing for response and consideration.

Electronic Submission and eSignature Considerations

Courts vary in acceptance of electronic signatures and filing practices; verify e-filing and e-sign rules before submission.

  • Accepted Formats: PDF with embedded text and single combined file for motion, declarations, and proposed order
  • Authentication Levels: Use at least email-based identity verification; use stronger authentication if court demands it
  • Audit Trail: Maintain timestamps, signer attribution, and access logs for evidentiary support

Keep local court technology requirements in mind: some jurisdictions require in-person hand-delivery even when e-filing is available.

Timing: Typical Deadlines and Court Expectations

Understand local timing requirements for ex parte requests, service, and any reply deadlines to avoid procedural denial.

Immediate Filing:

File as soon as facts justify ex parte relief; do not delay when urgent circumstances exist

Service Efforts:

Document attempts to notify opposing counsel unless court rules allow notice exemption

Hearing Timeframe:

Court may decide on papers or schedule a short-notice hearing within days

Clerk Processing:

Clerk review and acceptance timelines vary by court and e-filing volume

Post-Order Compliance:

Follow any court-ordered compliance dates or preserved deadlines after discontinuance

Common Pitfalls to Avoid

  • Failing to explain why notice is excused for ex parte relief can cause immediate denial by the judge and waste court resources.
  • Submitting unsigned declarations or declarations lacking factual detail can undermine credibility and result in denial of the request.
  • Relying on vague settlement language without binding documentation may be insufficient to justify discontinuance to a court.
  • Using inconsistent captions, dates, or case numbers risks clerical rejection or confusion that delays consideration.

Consequences of an Improper or Incomplete Motion

Denial of Relief: Court may deny discontinuance, leaving the examination in effect and subjecting the party to continued discovery burdens
Sanctions: Failure to follow local rules or filing false declarations can expose counsel to sanctions under court rules
Evidentiary Loss: Improperly signed or untimely documents may be excluded from the record
Increased Costs: Additional hearings and supplemental filings increase attorney fees and court costs
Waiver Risks: Poorly drafted discontinuance language may inadvertently waive defenses or leave obligations unclear
Reputational Harm: Repeated procedural missteps can erode judicial confidence in counsel’s reliability

How an Ex Parte Discontinuance Differs from an Ordinary Motion

Compare key attributes so you choose the correct procedure and meet notice and timing obligations.

Criteria Ex Parte Motion Ordinary Motion
Notice Requirement often excused usually required
Typical Timing immediate or short notice standard briefing schedule
Court Scrutiny high for urgency claims routine review
Use Case emergency or changed circumstance dispute requiring full notice

Typical eSignature Provider Comparison for Filing and Signing Court Motions

Vendor pricing and feature availability affect per-user costs and submission workflows; signNow is listed first per table requirements.

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 free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (plan dependent) Yes (plan dependent) Yes (plan dependent) Yes (plan dependent) Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies
Envelope Cap No envelope cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Example Scenarios Where Discontinuance Was Appropriate

Realistic examples illustrate when courts often grant discontinuance or set a short hearing instead.

Settlement Resolved

A settlement was executed by parties within days of the examination order

  • Motion filed attaching the signed settlement
  • Court signed proposed order discontinuing examination and retaining enforcement jurisdiction if needed.

Scope Narrowed

Examination sought broad financial data beyond judgment enforcement needs

  • Movant offered to produce narrow, specific records and protective order
  • Judge granted discontinuance except for narrowly defined categories.

Practical Tips for a Clear and Effective Motion

Follow these best practices to improve the likelihood of prompt judicial action and avoid procedural rejection.

Be Concise and Specific
Limit the motion to essential facts and legal points; judges decide ex parte requests quickly, so clarity and brevity improve outcomes.
Attach Evidence
Include signed settlements, correspondence, or declarations that directly corroborate claims that the examination is unnecessary or overbroad.
Cite Local Rules
Reference the specific local or state rule authorizing ex parte requests and explain why notice should be excused if you seek relief without opposing counsel present.
Provide Proposed Order
Supply a narrowly tailored proposed order that clearly states the relief, effective date, and any residual obligations or carve-outs.

Frequently Asked Questions

Answers to common practical and procedural questions about filing and defending an Ex Parte Motion for Discontinuance of Order for Examination.


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