Last updated: 4/13/2015
Ex Parte Motion For Examination Of Judgment Debtor(s) Or Person Having Knowledge of Judgment Debtor(s) {3DC44}
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Description
EX PARTE MOTION FOR EXAMINATION OF G JUDGMENT DEBTOR(S) OR G PERSON HAVING KNOWLEDGE OF JUDGMENT DEBTOR(S); DECLARATION; ORDER FOR EXAMINATION; EXHIBIT(S) Form #3DC44 IN THE DISTRICT COURT OF THE THIRD 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 Select one: G Judgment Debtor(s): G Person having knowledge & Relationship to Judgment Debtor(s): EX PARTE M OTION FOR EXAM INATION OF G JUDGM ENT DEBTOR(S) OR G PERSON HAVING KNOW LEDGE OF JUDGM ENT DEBTOR(S) TO THE JUDGE OF THE ABOVE-ENTITLED COURT: Judgment Creditor(s) moves the Court to enter an Order directing Judgment Debtor(s) or Person Having Knowledge of the affairs or property of Judgment Debtor(s) listed above to appear before this Court at a time certain, to be examined under Oath as to what property the Judgment Debtor(s) owns or has an interest in and what debts are owing to Judgment Debtor(s), and for such other and further relief as the Court may require. Signature of Filing Party/Attorney: Date: Print/Type Name: 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 LAW S OF THE STATE OF HAW AI`I THAT THE FOLLOW ING IS TRUE AND CORRECT: 1. I am Judgment Creditor(s) or Judgment Creditor(s)' attorney; 2. The Judgment (a copy of which is attached as Exhibit A) was entered in favor of Judgment Creditor(s) and against Judgment Debtor(s); 3. The Judgment has not been appealed (or if appealed, no bond has been filed), reversed, modified, set aside or satisfied except as aforesaid and otherwise remains in full force and effect; OEKNOW 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 Hawai`i i Reprographics (07/2013) 3D CommonLook® 508 Certified Page 1 of 2 3D-P-294 DECLARATION (continued) 4. The Judgment Creditor(s) is still the owner and holder of said Judgment; and 5. I am informed and believe that the person having knowledge of the affairs of Judgment Debtor(s) is acquainted with the financial and business affairs of Judgment Debtor(s). Signature of Declarant: Date: Print/Type Name: ORDER FOR EXAM INATION TO JUDGM ENT DEBTOR(S) AND/OR PERSON HAVING KNOW LEDGE OF JUDGM ENT DEBTOR(S): YOU ARE ORDERED TO APPEAR AT THE COURT DESIGNATED BY THE CHECKED BOX BELOW : AND TO BRING WITH YOU all books, papers and documents you have showing or tending to show what property said Judgment Debtor(s) may own or have an interest in and what debts are owing to said Judgment Debtor(s) and for such other and futher relief as the Court may require. COURT DATES AND ADDRESSES: G North and South Hilo Division, 777 Kilauea Ave., 2nd Floor, Hilo, Hawai`i at 8:30 a.m. on the second W ednesday following the date of service, and should said W ednesday be a legal holiday then upon the next Wednesday. G Puna Division, 777 Kilauea Ave., 2nd Floor, Hilo, Hawai`i at 8:30 a.m. on the second M onday following the date of service, and should said M onday be a legal holiday then upon the next M onday. G North and South Kona Division, 79-1020 Haukapila St., Kealakekua, Hawai`i at 8:30 a.m. on the second Tuesday following the date of service, and should said Tuesday be a legal holiday then upon the next Tuesday. G Ka`u Division, To be heard at North and South Kona Division, 79-1020 Haukapila St., Kealakekua, Hawai`i at 8:30 a.m. on the second Tuesday following the date of service, and should said Tuesday be a legal holiday then upon the next Tuesday. G South Kohala Division, 67-5187 Kamamalu St., Kamuela, Hawai`i at 1:00 p.m. on the second, fourth or fifth Thursday of the month following the date of service which is at least 72 hours prior to the court date and should said Thursday be a legal holiday then upon the next Thursday. G Hamakua Division, To be heard at South Kohala Division, 67-5187 Kamamalu St., Kamuela , Hawai`i at 8:30 a.m. on the first Thursday of the month depending on when you receive this Order. You must appear on the first Thursday of the month if you are with this Order prior to 72 hours before the first Thursday of the month. Otherwise, you must appear on the following month's first Thursday. If the first Thursday is a legal holiday, you must appear on the first Thursday of the following month. G North Kohala Division, To be heard at South Kohala Division at 67-5187 Kamamalu St., Kamuela, Hawai`i at 1:00 p.m. on the fourth W ednesday of the month depending on when you receive this Order. You must appear on the fourth W ednesday of the month if you are served with this Order prior to 72 hours before the fourth W ednesday of the month. Otherwise, you must appear on the following month's fourth W ednesday. If the fourth W ednesday is a legal holiday, you must appear on the fourth Wednesday of the following month. THIS ORDER SHALL BE VOID AND OF NO EFFECT IF IT IS NOT SERVED W ITHIN 6 MONTHS OF THE DATE OF THIS ORDER. IF YOU DO NOT COM E TO COURT AS ORDERED, YOU M AY BE ARRESTED FOR CONTEM PT OF COURT. This Order shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a judge of the above-entitled court permits, in writing on this Order, personal delivery during those hours. Date: Judge of the above-entitled Court In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the ADA Coordinator at PHONE NO. (808) 961-7424, FAX (808) 961-7411, or TTY (808) 961-7422 at least ten (10) working days in advance of your hearing appointment date. For Civil related matters, please call or visit the District Court Civil Section at Hilo Division, 777 Kilauea Avenue, Hilo, Ph. (808) 961-7515 · Kohala Division, 67-5187 Kamamalu St., Kamuela, Ph. (808) 443-2030 · Kona Division, 79-1020 Haukapila St., Kealakekua, Ph. (808) 322-8700. American LegalNet, Inc. www.FormsWorkFlow.com Reprographics (07/2013) 3D Page 2 of 2 3D-P-294