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Motion of Plaintiff and Notice to Defendant

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Form# 3DC39

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DECLARATION; NOTICE OF MOTION; CERTIFICATE OF SERVICE

IN THE DISTRICT COURT OF THE THIRD CIRCUIT

STATE OF HAWAI'I

Reserved for Court Use

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Filing Party requests that this Motion be granted for the reasons stated in the Declaration below and is made pursuant to:

DECLARATION

1. I am the

2. The following are facts why the Motion should be granted (attach continuation page, if necessary):

I DECLARE UNDER PENALTY OF LAWS WHAT I HAVE STATED IS TRUE AND CORRECT.

NOTICE OF MOTION

Any response to this Motion must be in writing on page 2 of Form# 3DC39 and filed with the Court no later than 10 days from the date shown on the Certificate of Service on the page 2 of Form# 3DC39 when the Motion is hand-delivered or 12 days when the Motion is mailed. Your written response can be delivered or mailed to the Court at: 777 Kilauea Avenue, Civil Division, Hilo, HI 96720 79-1020 Haukapila Street, Kealakekua, HI 96750 67-5187 Kamamalu Street, Kamuela, HI 96743. IF NO RESPONSE IS RECEIVED BY THE COURT BY THE DATES SPECIFIED IN THIS NOTICE, THIS MOTION MAY BE GRANTED.

CERTIFICATE OF SERVICE

I certify that on (date): I served a copy of this Motion on all party(ies) or their attorney(s) by

RESPONSE TO MOTION/CERTIFICATE OF SERVICE

Reserved for Court Use

I DECLARE UNDER PENALTY OF LAW THAT WHAT I HAVE STATED IS TRUE AND CORRECT.

CERTIFICATE OF SERVICE

I certify that on (date): I served a copy of this Response to the Motion on all party(ies) or their attorney(s) by

COURT ORDER

Reserved for Court Use

♿

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 ADA Coordinator at PHONE NO. (808) 961-7629, FAX (808) 961-7577, or email adarequest@courts.hawaii.gov at least (10) working days before your preceeding, hearing, or appointment date.

For all Civil related matters, please call or visit the District Court at: Hilo Division, 777 Kilauea Avenue, Hilo, Ph.(808)961-7515-Kohala Division, 67-5187 Kamamalu Street, Kamuela, Ph.(808)443-2030-Kona Division, 79-1020 Haukapila Street, Kealakekua, Ph.(808)322-8700.

Reprographics (5/2016)

Page 2 of 2

MOTHRNG 3D-P-289

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What the Motion of Plaintiff and Notice to Defendant Is

A Motion of Plaintiff and Notice to Defendant is a court document filed by a plaintiff to request judicial action and to notify the defendant of that request. It typically states the relief sought, the factual and legal grounds supporting the motion, and a proposed order for the judge to sign. The notice component ensures the defendant receives formal written notice and information about deadlines to respond, the hearing date when scheduled, and where to appear. Courts require motions and notices to conform to local rules for formatting, service, and timing; failure to comply can result in denial or procedural sanctions.

Why this Motion Matters in Civil Litigation

The Motion of Plaintiff and Notice to Defendant creates a formal record, triggers the defendant’s right to respond, and asks the court to take a specific action. Properly drafted and served motions protect procedural rights, preserve evidence, and establish a clear timeline for the case. Using a consistent template reduces drafting errors and helps meet court filing and service requirements.

Why this Motion Matters in Civil Litigation

Who Prepares and Receives This Motion

Typical preparers include plaintiff attorneys, self-represented plaintiffs, and court clerks when providing filing instructions.

  • Plaintiff or plaintiff counsel preparing the motion for relief and service
  • Defendant or defense counsel who must be notified and given response time
  • Court clerk who accepts the filing and records service information

Representative Signers and Submitters

Plaintiff Attorney

An attorney of record signs the motion and certifies service per court rules. They provide contact information, signature block, and certificate of service showing how and when the defendant was notified.

Self-Represented Plaintiff

A pro se plaintiff completes the motion using the same elements as an attorney would; courts expect correct formatting, notarization if required, and proof of service consistent with local rules.

Core Sections to Include in a Professional Motion and Notice

A complete Motion of Plaintiff and Notice to Defendant contains standardized sections so courts and opposing parties can quickly identify requested relief, grounds, and proof of service.

Caption

Court name, case number, party names, and title line (e.g., Motion of Plaintiff and Notice to Defendant) placed at the top of the first page.

Statement of Relief

A concise request describing the specific relief sought (e.g., summary judgment, continuance, discovery order) and the legal basis for that relief.

Factual Background

A chronological summary of relevant facts and evidence that support the motion, with citations to the record or exhibits where applicable.

Legal Argument

Analysis applying statutes, rules, or case law to the facts; include citations to authority and explain why the court should grant the requested relief.

Notice and Service

A clear notice paragraph informing the defendant of deadline to respond, hearing date/time (if known), and method of service used to deliver the motion.

Certificate of Service

A signed statement detailing how, when, and to whom the motion was served (personal service, mail, electronic service), including addresses and delivery method.

Step-by-Step: Preparing and Filing the Motion

Follow these steps to prepare, serve, and file the Motion of Plaintiff and Notice to Defendant in compliance with typical civil procedure rules.

  • 01
    Draft Motion: Assemble caption, facts, argument, and proposed order in the court’s required format.
  • 02
    Attach Exhibits: Label and tab exhibits; reference them in the motion and ensure admissibility where required.
  • 03
    Complete Certificate: Specify exact service method, date, and recipient details for the certificate of service.
  • 04
    File with Court: Submit electronically or in person per local rules and retain filing receipt for the record.

How the Motion and Notice Move Through the System

This high-level flow shows common steps from drafting to court action and defendant response.

  • Prepare Document: Draft motion with supporting exhibits and proposed order.
  • Serve Defendant: Deliver notice using court-approved service methods and complete certificate of service.
  • File with Court: File the motion and certificate with the clerk and obtain a stamped copy or electronic confirmation.
  • Response and Ruling: Wait for defendant’s response and the court’s decision or hearing scheduling.

Typical Digital Workflow Settings for eFiling and Notice

Configure these settings when using an eSignature or e-filing platform to streamline service and court filing.

Field Configuration
Document Format PDF/A for court filings
Signature Type Electronic signature with audit trail
Service Record Automated certificate of service log
Retention Keep signed copy and audit trail for required retention period

Platform Considerations for eSubmission and Service

Ensure the platform captures IP, timestamps, and a downloadable certificate of completion to prove proper service and signature attribution.

  • Document Formats: PDF, PDF/A, DOCX accepted by most courts
  • Integrations: Supports Microsoft 365, Google Workspace, and common e-filing portals
  • Authentication: Email, SMS code, or advanced methods for signer attribution

Common Deadlines and Timing Considerations

Deadlines for response and hearing vary by jurisdiction and motion type; check local rules early in the drafting process.

Response Period:

Often 14–30 days after service; verify local rule for the specific motion type

Hearing Notice:

Courts typically require advance notice—commonly 7–21 days before hearing

Filing Before Hearing:

File motion and certificate of service before any scheduled hearing time

Emergency Motions:

Follow ex parte procedure and local standards for shortened notice

Continuances:

Request promptly and provide reasons plus alternate availability dates

Key Case Milestones After Filing the Motion

A sequential view of milestones helps track deadlines from service through adjudication.

01

Filing Completed

Clerk stamps the filing and returns a receipt; retains the official record

02

Service Confirmed

Certificate of service establishes when the defendant’s response period begins

03

Response Filed

Defendant files an opposition or motion to dismiss within the allotted time

04

Hearing or Ruling

Court either schedules a hearing or issues a written ruling based on briefs

Common Drafting and Service Pitfalls to Avoid

  • Failing to follow local formatting and filing rules, resulting in rejection or delay
  • Incomplete certificate of service that fails to prove date or method of delivery
  • Using vague relief language that makes it unclear what the court should order
  • Missing exhibit labeling or failing to paginate exhibits referenced in the motion

Risks and Consequences of an Incorrect Motion or Notice

Motion Denied: Court may deny relief for procedural or substantive defects
Sanctions: Potential monetary or evidentiary sanctions for improper service or filings
Delay: Case timeline can be extended, increasing costs and uncertainty
Default Risks: Improper service can jeopardize a defendant’s ability to respond, complicating enforcement
Evidence Exclusion: Late or defective exhibits may be excluded at hearing
Appeal Issues: Procedural errors can create grounds for appeal and reversal

Security and Compliance Considerations When eSigning Motions

Encryption: TLS 1.2/1.3 and AES-256 at rest
Audit Trail: Tamper-evident logs capturing IP and timestamps
Authentication: Email, SMS, or stronger multifactor methods
Retention: Maintain signed records per legal retention schedules
HIPAA BAA: BAA available where health information is involved
Compliance: Platforms should support ESIGN and UETA legal requirements

When to Use an Electronic Signature vs a Traditional Ink Signature

Compare basic availability and legal status of electronic signatures and traditional handwritten signatures for court filings and service.

Criteria Electronic Signature Handwritten Signature
Legal Status yes (esign/ueta) yes (common law)
Authentication Strength varies by method visual + notarization
Court Acceptance generally accepted universally accepted
Record Integrity audit trail available original paper custody

eSignature Vendor Pricing Snapshot Relevant to Motion Filing Workflows

Basic per-user pricing and common feature flags across leading eSignature providers can inform platform choice for filing and service 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 Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Examples of How the Motion and Notice Are Used

Real-world examples illustrate common scenarios where the Motion of Plaintiff and Notice to Defendant is required.

Case Study 1

A plaintiff files a motion for summary judgment after discovery closes to obtain a ruling on liability.

  • The court sets a 21-day response period.
  • The plaintiff included a certificate of service showing electronic and mailed copies, which the court accepted as timely and complete.

Case Study 2

A plaintiff seeks an emergency injunction to prevent irreparable harm and files an ex parte motion.

  • The court requires specific factual affidavits demonstrating urgency.
  • The plaintiff provided a notarized affidavit and served opposing counsel with shortened notice, and the court held a hearing within five days.

Practical Tips for Accurate and Efficient Preparation

Adopt these practices to reduce rejections and speed resolution when preparing motions and notices.

Follow Local Rules
Confirm formatting, page limits, filing method, and required certificates with the court’s local civil rules before filing.
Use Clear Relief Language
Precisely state the remedy requested and provide a proposed order when appropriate to aid judicial review.
Proofread Exhibits
Ensure exhibit references match pagination and are properly labeled to avoid objections and delays at hearing.
Document Service
Retain proof of service, including delivery receipts or e-delivery confirmations, to establish the start of response periods.

Frequently Asked Questions and Troubleshooting

Answers to common questions about drafting, serving, and eSubmitting a Motion of Plaintiff and Notice to Defendant.


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