Commencement & Service
According to HRCP Rule 3, a civil action is commenced by this action.
What is filing a complaint with the court?
HRCP Rule 7 lists these as the only pleadings allowed: a complaint, an answer, a reply to a counterclaim, and a third-party complaint and answer.
What are pleadings?
The party who files the complaint.
Who is the plaintiff?
The general term for the pre-trial phase where parties obtain evidence from each other.
What is discovery?
HRCP Rule 1 states that the rules shall be construed and administered to secure this "just, speedy, and inexpensive" result.
What is the determination of every action?
This document, issued by the clerk, is served with the complaint to notify the defendant of the lawsuit.
What is the summons? (HRCP Rule ?)
A defendant's response to the allegations in a complaint.
What is an answer? (HRCP Rule ?)
The party against whom a claim is filed.
Who is the defendant?
These are written questions sent to another party that must be answered under oath.
What are interrogatories? (HRCP Rule ?)
According to HRCP Rule 2, there is only "one form of action" known by this name.
What is a "civil action"?
The type of service required for the initial complaint and summons, as opposed to mailing or electronic service for later documents.
What is personal service? (HRCP Rule ?)
A claim made by a defendant back against the plaintiff in the same lawsuit.
What is a counterclaim? (HRCP Rule ?)
Under Rule 14, this is the term for a defendant bringing a new party into the lawsuit, claiming they are liable for the plaintiff's original claim.
What is third-party practice (or impleader)?
This discovery tool (HRCP Rule 34) is used to get documents, electronic files, or other items from another party.
What is a request for production of documents?
A motion asking the court to rule in a party's favor before trial, arguing there is no "genuine issue as to any material fact."
What is a motion for summary judgment? (HRCP Rule ?)
HRCP Rule 5 governs the service and filing of these documents after the original complaint.
What are pleadings and other papers (like motions and discovery requests)?
Under HRCP Rule 12(b), a defendant can file this to try and get the case thrown out before filing an answer.
What is a motion to dismiss?
This term describes a person who must be joined in the lawsuit for the court to grant complete relief.
Who is a necessary or indispensable party? (HRCP Rule ?)
This in-person or remote proceeding (HRCP Rule 30) involves a lawyer questioning a witness under oath in front of a court reporter.
What is a deposition?
This type of order, sought under HRCP Rule 65, is an emergency measure to stop an action before a full hearing can be held.
What is a Temporary Restraining Order (TRO)?
If a defendant is not served within this time limit after the complaint is filed, the case is subject to dismissal without prejudice.
What is 6 months? (This is a common local rule, often tied to Rule ?)
Under HRCP Rule 15, a party can do this to their pleading once "as a matter of course" before a responsive pleading is served.
What is amend?
This procedure (HRCP Rule 24) allows a non-party to voluntarily join the lawsuit to protect their own interests.
What is intervention?
If one party fails to respond to discovery, the other party can file this to ask the court to force a response.
What is a motion to compel? (HRCP Rule 37)
The consequence, under HRCP Rule 37, for a party's willful failure to comply with a court's discovery order.
What are sanctions (which can include dismissal or default judgment)?