§ Form 19 Motion to Dismiss, Presenting Defenses of Failure to State a Claim or Lack of Service of Process

Codes > Hawaii Revised Statutes > Hawaii Rules > Appendix of > Form 19

Form 19. Motion to Dismiss, Presenting Defenses of Failure to State a Claim or Lack of Service of Process

    The defendant moves the court as follows:

    1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

    2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Hawai‘i, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B respectively.

Signed: ________________________________________________________________________________
Attorney for Defendant

Address: ________________________________________________________________________________

Notice of Motion

    To: ___________________________________________________________________________

    Attorney for Plaintiff

    Please take notice that the undersigned will bring the above motion on for hearing before the presiding judge of this court in the Judiciary Building, Honolulu, Hawai‘i, on the _______ day of _______, 19__, at _______ o'clock __.M. or as soon thereafter as counsel can be heard.

Signed: ________________________________________________________________________________
Attorney for Defendant

Address: ________________________________________________________________________________

Note

    The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b).