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Motion to Dismiss Declaration

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MOTION TO DISMISS; DECLARATION;
NOTICE OF MOTION; CERTIFICATE OF SERVICE

IN THE DISTRICT COURT OF THE SECOND CIRCUIT

DIVISION

STATE OF HAWAI'I

Plaintiff(s)

Reserved for Court Use

Civil No.

Defendant(s)

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

MOTION TO DISMISS

Filing party requests that this Motion be set for hearing. This Motion is based on the District Court Rules of Civil Procedure, Rule and the Declaration below.

DECLARATION

1. I am the Movant or associated with the Movant as

2. The following are facts why the Motion should be granted (Attach additional page(s), if necessary):

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

Signature of Declarant:

Date:

Print/Type Name:

SEE PAGE 2 FOR NOTICE AND TO RESPOND TO MOTION

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 below on (Day): (Date): at (Time): .m. or as soon thereafter as parties may be heard.

COURT ADDRESSES

Wailuku Division (Regular Claims)

Wailuku Division (Small Claims)

Lahaina Division

Hana Division

Molokai Division

Lanai Division

2145 Main Street, Courtroom 3C, Third Floor, Wailuku, HI 96793

2145 Main Street, Courtroom 3D, Third Floor, Wailuku, HI 96793

1870 Honoapiilani Highway, Lahaina, HI 96761

4974 Uakea Road, Hana, HI 96713

55 Makaena Place, Kaunakakai, Moloka'i, HI 96748

312 8th Street, Lana'i City, Lana'i, HI 96763

Mailing address for the above Courts: 2145 Main Street, Rm 106, Wailuku, HI 96793

CERTIFICATE OF SERVICE

I certify that on (date): I served a copy of this Motion on all parties or their attorneys by

Hand-delivery or Mail, addressed as follows:

Signature of Filing Party/Attorney:

Date:

Print/Type Name:

RESPONSE TO THE MOTION/CERTIFICATE OF SERVICE

I DO NOT OBJECT to this Motion.

I DISAGREE with this Motion for the following reasons (Attach additional page(s), if necessary):

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 parties or their attorneys by

Hand-delivery or Mail, addressed as follows:

Signature of Responding Party/Attorney:

Date:

Print/Type Name:

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 preceding, hearing, or appointment date. For Civil related matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141A, Wailuku, Hawai'i 96793.

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What a Motion to Dismiss Declaration Is and when it’s used

A Motion to Dismiss Declaration is a sworn written statement filed in support of a motion to dismiss a civil complaint. The declarant supplies factual assertions, exhibits, or authentication of documents the court may consider when deciding a Rule 12(b) motion or similar dispositive pleading. Declarations must state facts the declarant personally knows and conclude with a signature block under penalty of perjury; many jurisdictions treat false statements as grounds for sanctions or criminal penalties.

Why a clear, well-supported declaration matters

A concise declaration helps the court evaluate legal arguments by providing admissible factual support, authenticated exhibits, and a sworn basis for jurisdictional or procedural claims. Properly formatted declarations reduce the risk of exclusion, evidentiary objections, or court sanctions.

Why a clear, well-supported declaration matters

Who typically prepares and uses these declarations

Lead counsel and litigants commonly prepare declarations to support motions; pro se parties may file their own sworn statements following local rules.

  • Defense counsel assembling jurisdictional facts and exhibits in federal or state court
  • Plaintiffs responding to standing or timeliness challenges with authenticated records
  • Corporate counsel submitting business records and declarations of custodian of records

Parties should confirm local rules for form, signature, and whether notarization or an attestation is required before filing.

Core components of a professional Motion to Dismiss Declaration

A professional declaration groups identifying data, a clear factual narrative, attached exhibits, and an attestive signature block in a court-friendly format so judges and clerks can readily find and verify supporting evidence.

Caption

Court and case caption at top with correct party names, case number, and judge assignment so the declaration is associated with the proper docket and motion.

Declarant Identity

Full name, job title, business affiliation, contact information, and statement of how the declarant knows the facts asserted, establishing personal knowledge and reliability.

Statement of Facts

Chronological, numbered paragraphs that describe facts relevant to the motion to dismiss, with citations to attached exhibits and concise cross-references for easy judicial review.

Exhibits

Sequentially labeled attachments (Exhibit A, B, etc.) with short captions showing what each exhibit is and where it is cited in the body of the declaration.

Jurat or Attestation

A concluding sentence stating verification under penalty of perjury, including jurisdictional clause (e.g., 'I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct').

Signature Block

Declarant signature, typed name, and date; include notary block or electronic signature metadata if jurisdiction or local rule requires it for documentary proof.

Essential fields and factual items to include

Full Name: Declarant legal name
Case Number: Court docket number
Court Name: Full court designation
Relationship: Declarant role or position
Exhibit List: Exhibit labels and short descriptions
Signature/Date: Signed under penalty of perjury

Step-by-step: preparing and filing a Motion to Dismiss Declaration

Follow these practical steps to prepare a declaration that the court can accept and rely on when ruling on a motion to dismiss.

  • 01
    Gather facts: Collect emails, records, and facts you personally observed.
  • 02
    Draft narrative: Write numbered factual paragraphs linked to exhibits.
  • 03
    Attach exhibits: Label and paginate each supporting document.
  • 04
    Sign and file: Sign under penalty of perjury and file via court system.

Preparing an electronic workflow for drafting and e-filing

Set up fields, authentication, and routing so the declaration can be completed, signed, and submitted without losing evidentiary metadata.

Field Configuration
Authentication Email plus SMS code for signer verification
Signature Type Typed or drawn signature with audit trail
Exhibit Handling Attach PDFs, label, and flatten when required
Submission Method Export PDF for CM/ECF or submit via e-file portal

Where to file, serve, and distribute the signed declaration

Know the destination and required service method before completing your signature block so the filing route complies with rules and local practice.

  • Court Filing: Upload signed PDF to CM/ECF or state e-filing system.
  • Opposing Counsel: Serve via email or case service per local rule.
  • Clerk’s Office: Provide required number of courtesy copies if requested.
  • Internal Records: Store original signed copies in a secure file.

Digital signing and e-submission considerations

Choose a platform that preserves signature metadata, supports PDF export, and integrates with your e-filing workflow to avoid lost audit trails.

  • Audit Trail: IP, timestamp, and signer email
  • File Formats: PDF/A and native PDF export
  • Integrations: Works with court e-file or document management

Retain both the signed document and the platform's completion certificate; some courts accept electronic signatures with an accompanying audit log as proof of authenticity.

Typical timing and deadline checkpoints to observe

Confirm local and federal timing rules; missing response or signature deadlines can waive defenses or invite sanctions under procedural rules.

Service Response Window:

21 days to respond to a complaint in many federal cases (see FRCP 12(a)(1)(A)(i)).

Motion Briefing Time:

Follow local rules for opposition and reply briefing deadlines.

Filing Timestamp:

Electronic filing time stamps control filing date and deadline compliance.

Exhibit Authentication:

Attach exhibits before motion hearing; late exhibits may be excluded.

Sanctions Exposure:

Missed or false attestations can trigger fee-shifting or court sanctions.

Common drafting and filing mistakes to avoid

  • Including hearsay without proper foundation or custodian declarations that authenticate business records risks exclusion at the motion stage.
  • Mismatched caption or case number between motion and declaration can cause clerical rejection or misdocketing by the clerk's office.
  • Failing to sign under penalty of perjury or omitting a jurat may render the declaration inadmissible as sworn evidence.
  • Attaching unredacted confidential documents without a protective order can violate privacy rules and lead to sanctions or sealing motions.

Potential penalties and legal risks for incorrect declarations

Perjury Risk: Criminal exposure
Sanctions: Court-ordered monetary penalties
Evidentiary Exclusion: Loss of disputed exhibits
Waiver: Waived defenses or motions
Professional Discipline: Bar referral risk
Case Delay: Extended litigation timeline

Practical tips for accurate, court-ready declarations

Adopt consistent formatting, verify citations, and confirm all procedural requirements before filing so your declaration supports the motion and withstands scrutiny.

Use clear labeling
Label exhibits sequentially and cite them precisely in paragraph text. Clear cross-references reduce clerk and judge friction and speed judicial review.
Confirm identity details
Ensure full legal names and affiliations match other filings and identification documents; inconsistencies can raise credibility concerns and evidentiary objections.
Preserve metadata
When attaching digital exhibits, retain original file metadata where possible and export PDFs in stable formats like PDF/A to preserve timestamps and pagination.
Check local rules
Review court local rules for jurat language, notary acceptance, CM/ECF upload requirements, and any required redactions before final submission.

Two common use scenarios for declarations in dismissal motions

Real-world scenarios show how declarants support threshold legal challenges with targeted factual attestations and authenticated exhibits.

Defense use example

A corporate defendant submits a custodian declaration authenticating business records and emails used to show lack of standing.

  • The declaration ties exhibits to numbered paragraphs for judicial review.
  • The court relied on the authenticated records to resolve a jurisdictional challenge without an evidentiary hearing, streamlining disposition.

Plaintiff response example

A plaintiff files a sworn declaration attesting to personal knowledge of injury dates and attaches medical records.

  • The declaration links each medical record to factual paragraphs.
  • The opposing party’s motion to dismiss was narrowed after the court accepted the verified exhibits as properly authenticated evidence.

Typical signatories for a Motion to Dismiss Declaration

Lead Counsel

An attorney of record or supervising partner who drafts and certifies the declaration often signs if signing is limited to counsel; counsel explains the factual basis and attaches supporting exhibits where necessary.

Declarant Party

The individual with direct knowledge (employee, custodian, or the plaintiff/defendant) signs under penalty of perjury to attest that the facts and exhibits cited are true and accurate to their knowledge.

Common eSignature vendor pricing and capability snapshot for declaration workflows

Pricing and feature availability vary by plan; comparison focuses on starting price, trial availability, bulk send capability, audit trail presence, HIPAA support, and envelope caps to help evaluate e-sign platforms for legal filings.

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
Bulk Send Yes (Business Premium) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Yes Yes No No

Frequently asked questions about Motion to Dismiss Declarations

Answers to common procedural and evidentiary questions to reduce filing errors and ensure declarations are admissible and court-ready.


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