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Hawaii Motion for Order to Show Cause

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MOTION FOR ORDER TO SHOW CAUSE ON GARNISHEE;
DECLARATION; ORDER

IN THE DISTRICT COURT OF THE FIRST CIRCUIT

Choose One DIVISION

STATE OF HAWAII

Plaintiff(s)

Reserved for Court Use

Civil No.

Defendant(s)

Filing Party/Attorney Name, Attorney Number (if applicable), Address, Telephone and Fax Numbers

Garnishee

Date Garnishee Order Filed:

MOTION FOR ORDER TO SHOW CAUSE ON GARNISHEE

Judgment Creditor moves this Court for issuance of an Order against Garnishees named above, to show cause why JUDGMENT should not issue against Garnishee for the sum due under the Garnishee Order entered in this case for Garnishee having failed, refused and neglected to comply with the GARNISHEE ORDER granted and filed on the date listed above.

Date:

Signature of Filing Party/Attorney:

Print/Type Name:

DECLARATION

I declare as follows: A Motion For Issuance of Garnishee Summons and Order was served upon the Garnishee(s) and subsequently granted by the Court. A GARNISHEE ORDER signed by the Court was filed on the date listed above for the balance due and owing on the judgment. Garnishee has failed to comply with the Order. I am informed and believe that Defendant is employed by Garnishees, or Garnishee is in possession of funds belonging to Defendants.

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

Date:

Signature of Declarant:

Print/Type Name:

SEE PAGE 2 FOR ORDER OF THE COURT

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


ORDER

TO GARNISHEE LISTED ON PAGE 1:

YOU ARE ORDERED TO APPEAR AT THE COURT DESIGNATED BY THE CHECKED BOX BELOW TO SHOW CAUSE, IF YOU HAVE ANY REASON, WHY JUDGMENT SHOULD NOT ISSUE AGAINST YOU FOR THE SUMS DUE UNDER THE GARNISHEE ORDER, TOGETHER WITH INTEREST AND COSTS INCURRED:

COURT DATES AND ADDRESSES:

THIS ORDER SHALL BE VOID AND OF NO EFFECT IF IT IS NOT SERVED WITHIN 6 MONTHS OF THE DATE OF THIS ORDER.

IF YOU DO NOT COME TO COURT AS ORDERED, YOU MAY BE ARRESTED FOR CONTEMPT OF COURT.

This Order shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not opened to the public, unless a judge permits, in writing on this Order, personal delivery during those hours.

Date:

Judge

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.

Enter text

What the Hawaii Motion for Order to Show Cause Is

A Hawaii Motion for Order to Show Cause is a written court submission asking a judge to require a party to appear and explain why a requested order should not be entered. It typically combines a motion, supporting affidavit or declaration, and a proposed order that sets a hearing date. Courts use this procedure for requests that require prompt judicial attention, such as temporary restraining orders, preliminary injunctions, contempt proceedings, or enforcement of discovery. Local rules and the assigned court calendar determine hearing timing, required filings, and service procedures.

Why this motion matters and when it helps

Use a Motion for Order to Show Cause when you need the court to require immediate explanation or compliance and to schedule an evidentiary or status hearing. The procedure reinforces due process by providing notice of the relief requested and a defined opportunity to respond; it also lets the court consider interim remedies pending a full hearing.

Why this motion matters and when it helps

Which people and organizations commonly prepare this motion

The motion is used by parties in civil, family, probate, and administrative matters where expedited judicial intervention or show-cause authority is required.

  • Private litigants and plaintiffs seeking temporary relief or enforcement
  • Defense counsel responding to allegations and counter-motions
  • Government agencies and prosecutors in administrative or enforcement matters

If you are unsure whether an Order to Show Cause is the proper vehicle, consult the local court clerk or retained counsel for guidance on procedure and timing.

Essential sections of a professional Motion for Order to Show Cause

Draft the motion so that each required component is clear, complete, and supported by evidence. The court relies on a properly assembled packet — motion, declaration, exhibits, proposed order, and certificate of service — to schedule and decide the request.

Caption

Include the correct court name, case number, assigned judge, and the parties’ full legal names to ensure the motion is filed in the correct record and routed properly.

Motion Statement

State the specific relief requested with concise legal grounds and cite statutory or rule-based authority supporting issuance of an order to show cause.

Declaration/Affidavit

Provide a sworn declaration with factual support, dates, events, and references to admissible evidence; attach exhibits and label them consecutively for reference.

Proposed Order

Draft a clear proposed order that the judge can sign; include the date, time, and location for the show-cause hearing and any temporary relief language.

Certificate of Service

Describe how and when opposing parties were served (personal, mail, e-file notification), including proof of service attachments when required by local rule.

Hearing and Notice Details

Specify required notice periods, whether the matter is ex parte or contested, and cite the local rule or statute justifying any shortened notice or emergency treatment.

Step-by-step: preparing and filing the motion

Follow this order when assembling your packet to reduce clerical objections and ensure proper service and scheduling.

  • 01
    Draft motion: Write the motion and state requested relief.
  • 02
    Attach declaration: Include sworn facts and exhibits.
  • 03
    Prepare proposed order: Provide a signable order and hearing time.
  • 04
    Serve parties: Serve per local rule and file proof.

How e‑filing and court routing typically work

Many Hawaiian courts accept electronically filed motions; typical routing follows these steps from submission to scheduled hearing.

  • Upload packet: Sender uploads motion, exhibits, and proposed order to e-filing portal.
  • Clerk review: Court clerk checks caption, fees, and completeness.
  • Calendar assignment: Clerk assigns matter to judge and sets hearing date.
  • Notice issued: Court or filer serves hearing notice to parties.

How to set up an efficient e-filing workflow

Configure your filing workflow to reduce rejections: unify templates, verify caption accuracy, attach exhibits, and include a clear proposed order.

Field Configuration
Document naming CaseNumber_Party_Motion
Exhibit labeling Exhibit A | Exhibit B sequentially
Proposed order format Editable Word or court-preferred PDF
Proof of service Separate attachment, signed and dated

Technical considerations for electronic completion and submission

Use a platform that supports court file format requirements, audit trails, and secure signer authentication when filling or transmitting the motion.

  • File formats: PDF/A or court-specified PDF
  • Authentication: Email, SMS code, or stronger methods
  • Audit trail: Timestamped activity logs and IP

Confirm the court’s e-filing technical rules and whether the judge requires additional steps such as courtesy copies or chambers delivery after e-filing.

Typical eSignature vendor pricing and core differences

Pricing and basic feature availability for common eSignature providers. signNow appears first per comparison conventions; confirm plan details with each vendor before purchasing.

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 Yes, trial Yes, trial Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year No cap No cap No cap

Typical timing considerations and notice periods

Timing for hearings and service depends on local rules and the nature of the relief; emergency ex parte relief uses a compressed timeline while routine matters follow scheduled calendars.

Emergency relief:

Clerks may schedule within 24–72 hours for immediate risk.

Regular show-cause hearing:

Often set on the next available civil or family calendar; timing varies by county.

Service deadline:

Document must be served per local rule prior to hearing.

Opposition filing:

Check local rule for response period (commonly 7–14 days).

Continuances:

Parties may request continuance subject to court approval.

Common pitfalls to avoid when preparing this motion

  • Incomplete caption or incorrect case number that causes clerk rejection or misfiling and delays scheduling the hearing.
  • Failing to attach key exhibits or submitting unreadable scanned exhibits that prevent the court from assessing urgency.
  • Improper service or late filing of proof of service that undermines jurisdiction and can lead to dismissal.
  • Using vague or overbroad proposed order language that makes it difficult for the judge to grant precise relief.

Consequences of procedural errors or improper filings

Dismissal Risk: Motion may be dismissed without prejudice
Sanctions: Court may impose monetary sanctions
Contempt Exposure: Noncompliance can lead to contempt proceedings
Delay Costs: Extended litigation and increased fees
Jurisdictional Defect: Service failures can void orders
Evidence Exclusion: Late or unauthenticated exhibits may be excluded

Data security and legal compliance for electronic submissions

Encryption: TLS 1.2/1.3 in transit
At-rest encryption: AES-256 encrypted storage
Regulatory frameworks: ESIGN, UETA compatibility
Health data: HIPAA support (BAA required)
Audit trail: Timestamped logs and IP data
Certifications: SOC 2 Type II and ISO 27001

Practical examples: document workflows and outcomes

Real-world examples illustrate how digital workflows and accurate packets reduce friction in urgent court filings.

Tim Martin, Martin Properties

Tim used online signing and e-filing to assemble urgent eviction documentation quickly

  • The platform maintained an audit trail
  • The court accepted the packet and the hearing proceeded without paper handling delays, improving turnaround on temporary relief.

Brian Fitzgibbons, Optica Ventures LLC

Brian relied on a consistent template for motion packets to reduce drafting time

  • Templates ensured correct captions and attachments
  • The team avoided clerical rejections and met tight hearing deadlines for provisional relief requests.

Practical tips to prepare an accurate and efficient motion

Adopt a checklist and document-control practices to prevent errors that lead to delays or sanctions.

Use a standard template
Maintain a vetted template for motions and proposed orders to ensure consistent captioning, correct local-rule citations, and a complete exhibit list. Update annually to reflect rule changes.
Verify service method
Confirm whether electronic service satisfies local rules and retain proof of successful delivery. When in doubt, effect personal or counsel service and file proof promptly.
Label exhibits clearly
Number exhibits consecutively and reference them explicitly in the declaration and motion; unclear exhibits slow judicial review and may be excluded.
Confirm hearing logistics
Check the court calendar, provide alternate dates, and include any necessary courtesy copies or chambers delivery per local practice to avoid rescheduling.

Frequently asked questions about the Motion for Order to Show Cause

Answers to common questions about form completion, filing, service, and electronic submission when preparing an Order to Show Cause in Hawaii.


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