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Motion to Set Aside Declaration

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Form #3DC42

MOTION TO SET ASIDE DEFAULT JUDGMENT
OR DISMISSAL; DECLARATION; NOTICE OF MOTION;
CERTIFICATION OF SERVICE

IN THE DISTRICT COURT OF THE THIRD CIRCUIT

DIVISION

STATE OF HAWAI'I

Plaintiff(s)
Reserved for Court Use
Civil No.
Defendant(s)

MOTION TO SET ASIDE DEFAULT JUDGMENT or DISMISSAL

Filing Party(ies) request 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 the District Court Rules of Civil Procedure, Rule

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

Signature of Declarant:
Print/Type Name(s):

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 ;

or as soon thereafter as parties may be heard.

COURT ADDRESSES

North & South Hilo Division 777 Kilauea Avenue, 2nd Floor, Hilo, Hawaiʻi 96720-4212
Puna Division 777 Kilauea Avenue, 2nd Floor, Hilo, Hawaiʻi 96720-4212
North & South Kona Division 79-1020 Haukapila Street, Kealakekua, Hawaiʻi 96750
Ka'ū Division — To be heard at North & South Kona Division
Kona: 79-1020 Haukapila Street, Kealakekua, Hawaiʻi 96750
South Kohala Division 67-5187 Kamamalu Street, Kamuela, Hawaiʻi 96743
Hamākua Division — To be heard at South Kohala Division
67-5187 Kamamalu Street, Kamuela, Hawaiʻi 96743
North Kohala Division — To be heard at South Kohala Division
67-5187 Kamamalu Street, Kamuela, Hawaiʻi 96743

Mailing Address for the court: 777 Kilauea Avenue, Hilo, Hawaiʻi 96720-4212
79-1020 Haukapila Street, Kealakekua, Hawaiʻi 96750 67-5187 Kamamalu Street, Kamuela, Hawaiʻi 96743

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):

Signature of Filing Party(ies)/Filing Party(ies)' Attorney:
Print/Type Name(s):

RESPONSE TO MOTION/CERTIFICATE OF SERVICE

I DO NOT OBJECT to this Motion.

I DISAGREE with this Motion for the following reasons:

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 LAW OF THE STATE OF HAWAI'I THAT THE ABOVE IS TRUE AND CORRECT.

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):

Signature of Responding Party(ies)/Responding Party(ies)' Attorney
Print/Type Name(s)
Judge of the above-entitled Court to
Print/Type Name(s)
Wheelchair symbol

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 Disability Accommodations Coordinator at PHONE NO. 961-7629, FAX 961-7577, or Email: adarequest@courts.hawaii.gov at least (10) working days in advance of your hearing, or appointment date.

RG-AC-508 (02/17)
Page 1 of 2
MOTSET 3D-P-292
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What a Motion to Set Aside Declaration Is and When It Applies

A Motion to Set Aside Declaration is a court filing asking a judge to nullify or disregard a previously filed declaration, affidavit, or similar sworn statement used in a civil proceeding. Typical grounds include newly discovered evidence, material mistakes, fraud or misrepresentation, lack of personal jurisdiction, improper service, or procedural defects that prevented a party from responding. The motion identifies the declaration at issue, explains legal and factual grounds, and attaches supporting documentation or declarations. If granted, the court will strike or set aside the declaration and may reopen related proceedings or permit additional evidence.

Why Filing This Motion Can Matter

Filing a Motion to Set Aside Declaration lets a party correct the record, defend against unjust outcomes, and preserve the right to a full evidentiary presentation. It can prevent reliance on flawed or fraudulent evidence and may restore procedural parity between litigants.

Why Filing This Motion Can Matter

Who Typically Prepares and Files This Motion

Preparation varies by representation: counsel usually drafts formal motions; pro se litigants may rely on court forms or local rule templates.

  • Defendants or respondents seeking relief and to reopen factual issues in the case
  • Plaintiffs or petitioners correcting inaccuracies or withdrawing their own prior declarations
  • Attorneys representing clients in civil litigation, including family, contract, and administrative matters

Who Signs and Who Prepares the Document

Attorney

A licensed attorney commonly prepares and files the motion, certifying that the factual bases and supporting declarations are accurate. The attorney will also handle service, local rule compliance, and hearing preparation on behalf of the client.

Pro Se Litigant

An unrepresented party may draft and file the motion but must follow court rules for form, service, and timing. Courts often hold pro se filers to the same procedural standards as represented parties.

Essential Information Usually Included

Case Caption: Names, court, and case number
Movant Identity: Full legal name of filing party
Target Declaration: Citation to exhibit and filing date
Grounds Stated: Legal and factual basis summarized
Supporting Docs: Exhibits, affidavits, or records
Service Details: Proof of how notice was provided

Consequences of Filing Incorrectly or Frivolously

Denial: Motion may be denied
Sanctions: Court fines or fee awards
Perjury Risk: False affidavits can trigger charges
Delay: Extended litigation timelines
Costs: Increased litigation expenses
Default Risk: Adverse judgment if service defective

Common Preparation Errors to Avoid

  • Failing to attach the declaration or exhibit that you want set aside can result in rejection or denial for lack of specificity.
  • Missing local court rule deadlines or filing windows — many courts require service and filing within short periods after a challenged filing.
  • Relying on vague or unsupported assertions without documentary evidence or a competing sworn statement weakens the motion.
  • Improper service or failure to meet technical format rules for filings may forfeit the chance to have the declaration set aside.

Core Parts of a Professional Motion to Set Aside Declaration

A complete motion should be organized to make each legal and factual point clear, with supporting sworn statements and a proposed order for the judge.

Caption

Case caption identifying the court, parties, and case number; follows local-format conventions and appears on every page to ensure the court clerk links the motion to the correct docket.

Notice of Motion

Short statement of the relief sought, the hearing date if set, and instructions for opposing parties on where and when to file responses under local rules.

Memorandum of Points

Legal argument explaining statutory or case-law grounds supporting setting aside the declaration, organized with citations and concise legal reasoning.

Supporting Declaration

A sworn statement from the movant or witness that explains facts, attaches exhibits, and affirms accuracy under penalty of perjury.

Exhibits

Documents, emails, or records that corroborate claims; each exhibit should be labeled and referenced precisely in the declaration and memorandum.

Proposed Order

A draft order the judge may sign that specifies the disposition requested — striking the declaration, reopening discovery, or setting a new schedule.

Step-by-Step: Drafting and Filing the Motion

Follow a sequence that ensures compliance with local rules, proof of service, and evidentiary support before filing.

  • 01
    Confirm Grounds: Identify legal basis and supporting facts
  • 02
    Draft Motion: Prepare memorandum, declaration, and proposed order
  • 03
    Gather Exhibits: Attach labeled documents and declarations
  • 04
    File and Serve: E-file or deliver per court and service rules

How to Customize an Online Template for This Motion

Set up a reusable template that captures case metadata, signature blocks, and required attachments for efficient e-filing.

Field Configuration
Case Caption Field Auto-fill from case metadata for consistency
Declaration Upload Require a PDF upload with exhibit labeling
Signature Role Signer = Attorney or Pro Se party
Service Proof Attach proof of service PDF before finalizing

Where to File and How the Filing Moves Through the Court

Filing routes vary by jurisdiction; confirm local e-filing portal or clerk procedures before submission to avoid rejection.

  • Court E-Filing: Submit via the court's electronic filing system
  • Clerk's Office: Deliver a physical copy if required by local rule
  • Opposing Counsel: Serve opposing parties according to rule
  • Hearing: Court schedules a hearing or rules on written submissions

Digital Signing and Submission Considerations

Ensure the chosen platform supports the court's e-filing requirements, retains a tamper-evident audit trail, and can produce a printable signed PDF for the record.

  • File Formats: PDF/A preferred
  • Authentication: Email, SMS, or advanced ID proofing
  • Audit Trail: Timestamp, IP, and signer identity

Typical Timing Rules and Response Deadlines

Timing varies by jurisdiction and the procedural posture of the case; consult local rules for exact deadlines.

Time to File Motion:

Often limited; file promptly after discovery of defect

Opposition Deadline:

Commonly 14–21 days before hearing under many local rules

Reply Deadline:

Frequently 7–10 days after opposition filing

Hearing Scheduling:

Set by court; may be 30–60 days after filing

Emergency Relief:

Ex parte applications require immediate, compelling grounds

Key Milestones from Filing to Disposition

A clear milestone sequence helps track service, responses, and the court's decision timeline.

01

Prepare Motion

Complete drafting and assemble exhibits

02

File Motion

E-file or deliver to clerk as required

03

Opposition Period

Opposing party files response or objections

04

Court Decision

Judge rules or schedules hearing

eSignature Vendor Comparison for Signing and Submitting Motions

Platform choice affects authentication, audit trails, and compliance; below is a concise comparison of common vendor features and starting prices.

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 No No 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 Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common procedural and technical questions about preparing, signing, and filing a Motion to Set Aside Declaration.


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