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Motion for Discovery Declaration and Notice of Motion

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MOTION FOR DISCOVERY; DECLARATION;
NOTICE OF MOTION; CERTIFICATE OF SERVICE

Form #2DC37

IN THE DISTRICT COURT OF THE SECOND CIRCUIT
DIVISION

STATE OF HAWAI'I








MOTION FOR DISCOVERY

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:




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 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 Motion should be granted (attach continuation page, if necessary):



Form #2DC37
(Rev. 7-28-2017)

MOTDSCRY.2XX
Reprographics (02/15) 2D-P-251

Page 1 of 2

Section 508 Certified

NOTICE OF MOTION

TO:

Please take notice that this Motion will be heard by the District Judge of this Court, in his/her Courtroom, at the address checked below

on 20 at M., or as soon thereafter as parties may be heard.

COURT ADDRESSES

Wailuku Division (Regular Claims) 2145 Main Street, Courtroom 3C, Third Floor, Wailuku, Hawaiʻi, 96793

Wailuku Division (Small Claims) 2145 Main Street, Courtroom 3D, Third Floor, Wailuku, Hawaiʻi, 96793

Lahaina Division 1870 Honoapiilani Highway, Lahaina, Hawaiʻi, 96761

Hana Division 4974 Uakea Road, Hana, Hawaiʻi, 96713

Moloka'i Division 55 Makaena Place, Kaunakakai, Molokai, Hawaiʻi, 96748

Lana'i Division 312 8th Street, Lanai City, Lanai, Hawaiʻi, 96763

Mailing address for the above Courts: 2145 Main Street, Room 106, Wailuku, Hawaiʻi 96793.

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):




RESPONSE TO MOTION/CERTIFICATE OF SERVICE


(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 HAWAIʻI THAT THE ABOVE IS TRUE AND CORRECT.

CERTIFICATE OF SERVICE

I certify that a copy of this Response 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):




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. 244-2800, FAX 244-2849, or email adarequest@courts.hawaii.gov at least ten (10) working days in advance of your hearing or appointment date.For all Civil related matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141, Wailuku, HI 96793.

2D-P-251
(Rev. 7.28-2017)

Page 2 of 2

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What the Motion for Discovery Declaration and Notice of Motion Is

A Motion for Discovery Declaration and Notice of Motion is a court filing used in civil litigation to request judicial intervention when a party seeks discovery from another party and must show efforts to obtain the information without court action. The document typically combines a Notice of Motion that sets the hearing or submission date, a written Motion stating the relief requested, and a supporting Declaration describing factual background, meet-and-confer attempts, and attached exhibits. Courts use this combined filing to evaluate whether discovery should be compelled, modified, or sanctioned.

Why this Motion Matters for Your Case

A well-prepared Motion for Discovery Declaration and Notice of Motion documents good-faith efforts, frames the legal issues for the court, and can secure compelled responses, protective orders, or sanctions. Clear facts and exhibits increase the likelihood of a favorable procedural ruling while minimizing delays and objections.

Why this Motion Matters for Your Case

Who Typically Prepares and Files This Motion

The motion is commonly used by litigators and self-represented parties to resolve discovery disputes without prolonged informal negotiation.

  • Civil litigators pursuing responses to interrogatories, requests for production, or depositions.
  • Pro se litigants documenting unmet discovery requests before court intervention.
  • Corporate or government counsel enforcing compliance with discovery obligations.

Signatory Roles and Typical Authors

Litigation Attorney

An attorney representing a party drafts the motion, verifies factual assertions in the declaration, cites applicable discovery rules, and signs to certify meet-and-confer efforts and service compliance.

Paralegal / Case Manager

A paralegal prepares exhibits, compiles correspondence and privilege logs, inserts proof of service, and coordinates filing and e-service under the court’s local rules.

Essential Information to Include

Court Caption: Complete party and court name
Case Number: Exact docket number listed
Hearing Date: Date set per local rule
Declaration Date: Signed MM/DD/YYYY format
Exhibit List: Identify each exhibit by letter/number
Service Info: Method and date of service

Potential Legal Consequences of Errors

Motion Denied: Court may refuse relief
Sanctions: Monetary or evidentiary penalties
Fee Shifting: Adverse party costs recovery
Default: Extreme noncompliance risk
Evidence Exclusion: Documents or testimony barred
Contempt: Possible criminal or civil contempt

Common Pitfalls to Avoid

  • Insufficient meet-and-confer documentation — courts often expect detailed, dated communications showing attempted resolution.
  • Attaching incomplete or unindexed exhibits — exhibits should be organized, labeled, and referenced precisely in the declaration.
  • Failing to follow local formatting or filing rules — caption, margin, and signature requirements vary by court.
  • Submitting vague factual statements without supporting exhibits or sworn explanations; specificity strengthens judicial review.

Step-by-Step: Preparing the Motion and Declaration

Follow a clear sequence to prepare a complete and enforceable filing.

  • 01
    Draft the Notice: State the motion title, relief sought, and hearing or submission date.
  • 02
    Draft the Motion: Explain legal basis and cite discovery rules or case law.
  • 03
    Prepare the Declaration: Swear to facts, list meet-and-confer steps, and attach exhibits.
  • 04
    File and Serve: E-file per court rules and serve opposing counsel with proof.

Filing and Service Overview

Understand where to file and how to create a verifiable service record for the court and opposing parties.

  • Court Filing: E-file via the court’s electronic filing system when available.
  • Proof of Service: Include a signed proof or declaration of service with filing.
  • Opposing Counsel: Serve via e-service rules, mail, or in-person per local rules.
  • Clerk Procedures: Check local filing fees and judge-specific chambers rules.

Customizing the Motion for Online Completion

Set up a digital template to standardize motions, declarations, exhibits, and proofs of service for repeat use.

Template Fields Case caption, case number, party names, hearing date
Conditional Text Show or hide paragraphs based on case type
Signer Settings Require signer name, date, and verification
Exhibit Upload Attach and label PDF exhibits automatically
Save Preset Store reusable templates for later filings

Technical Requirements for Electronic Preparation and Submission

Use PDF or court-accepted formats and modern browsers to prepare and submit motions electronically.

  • File Formats: PDF/A preferred; Word sometimes acceptable
  • Browser Support: Current Chrome, Edge, or Safari recommended
  • Integrations: Connects with case management and cloud storage

Timing and Typical Deadlines to Track

Deadlines for filing and noticing hearings vary by jurisdiction; plan early to comply with local rules and meet-and-confer requirements.

Hearing Notice:

Often requires advance notice; timeline depends on local rules

Response Period:

Opposing party response deadlines differ by court

Meet-and-Confer:

Documented good-faith attempts usually required before filing

Exhibit Deadline:

Submit exhibits according to court schedule

Service Timing:

Serve all parties within the timeframe set by local rule

Core Components of a Complete Motion Package

Assemble each component carefully; together they provide legal argument, factual support, and a traceable service record for the court.

Notice of Motion

Identifies the moving party, relief sought, and the date/time or submission method for the court’s consideration, per local practice.

Memorandum of Points

Sets out legal standards and authorities that justify the requested discovery or sanctions under applicable procedural rules.

Supporting Declaration

Sworn statement describing meet-and-confer efforts, specific discovery sought, relevance, and why responses are incomplete or withheld.

Exhibits

Attach correspondence, discovery requests/responses, privilege logs, and other documentary evidence labeled and referenced in the declaration.

Proof of Service

Signed declaration or certificate confirming how and when opposing parties received the motion and supporting materials.

Proposed Order

Submit a short, clear proposed order for the judge’s signature that reflects the precise relief requested.

Key Milestones from Request to Court Decision

Track milestones from initial request through judicial resolution to maintain compliance with procedural requirements and preserve remedies.

01

Initial Discovery Request

Serve formal discovery requests and begin the meet-and-confer process

02

Meet-and-Confer Completion

Document communications and any partial responses before filing motion

03

Motion Filing

File motion, declaration, exhibits, and proof of service with the court

04

Court Ruling

Judge issues order resolving dispute, which may include sanctions or directives

Comparing eSignature Vendors for Filing and Signing

Platform pricing and features vary; signNow is listed first to show an example of cost and capability relative to common competitors.

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 vendor Varies by vendor Varies by vendor Varies by vendor
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Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Motions for Discovery

Answers to common procedural and drafting questions to help avoid filing defects and preserve judicial remedies.


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