Ex Parte Motion To Stay Execution Of Writ Of Possession {3DC16}

EX PARTE MOTION TO STAY EXECUTION OF WRIT OF POSSESSION; DECLARATION; ORDER #3DC16 IN THE DISTRICT COURT OF THE THIRD CIRCUIT DIVISION STATE OF HAWAI221I Reserved for Court Use Plaintiff Civil No. Defendant Filing Party/Attorney Name, Attorney Number, Firm Name (if applicable), Address, and Telephone Number EX PARTE MOTION TO STAY EXECUTION OF WRIT OF POSSESSION Filing Party requests that this Motion be granted for the reasons stated in the Declaration below and is made pursuant to: G Rules of the District Courts of the State of Hawai221i, Rule ; G District Court Rules of Civil Procedure, Rule ; G Hawai221i Revised Statutes 247 . DECLARATION 1. I am G the Moving Party or G associated with the Moving Party as ; 2. I did not attend my summary possession hearing because: G I was not served with a Summons and Complaint for this eviction proceeding and did not know that I had a hearing scheduled. G I was in the District Court building, but I went to the wrong courtroom and missed my hearing. (Explain below.) G I was unexpectedly delayed and was a few minutes late for my hearing. I checked in with the court clerk, who advised me that I had just missed my hearing. (Explain below.) G There was a medical emergency in my family and I was unable to make it to court on time. G I was ill or hurt and unable to attend court. G The date that I was supposed to attend my hearing was not clear to me. (Explain below.) Please use the following lines for your further explanations: 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 Hawai221i SEE PAGE 2 Page 1 of 2 Form #3DC16 American LegalNet, Inc. www.FormsWorkFlow.com 3.I believe that the Writ of Possession should be stayed because:G I did not receive proper written notice from my landlord giving me the correct amount of days to correct the problem. G My landlord claims non-payment of rent, but I have proof that I have paid the rent. G My landlord refused to accept my payment G I have valid defenses/reasons. Explain below. Please use the following lines for your explanations: I DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT. Date: Signature of Declarant: Print/Type Name: CERTIFICATE OF SERVICE I G mailed or G hand-delivered a copy of this Motion to my landlord or their attorney on (date) at the following address: Reserved for Court Use COURT ORDER This Motion is: G GRANTED G DENIED G PARTIALLY GRANTED as follows: 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 at PHONE NO. (808) 961-7629, FAX (808) 961-7577, or email adarequest@courts.hawaii.gov at least ten (10) working days before your proceeding, hearing, or appointment date. For all Civil related matters, please call or visit the District Court Civil Section at Hilo Division, 777 Kilauea Avenue, Hilo, Ph. (808) 961-7515 225 Kohala Division, 67-5187 Kamamalu St., Kamuela, Ph. (808) 443-2030 225 Kona Division, 79-1020 Haukapila St., Kealakekua, Ph. (808) 322-8700. Page 2 of 2Form #3DC16 American LegalNet, Inc. www.FormsWorkFlow.com