Form 5DC16 "Ex Parte Motion to Stay Execution of Writ of Possession; Declaration; Order" - Hawaii

What Is Form 5DC16?

This is a legal form that was released by the Hawaii District Courts - a government authority operating within Hawaii. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on April 1, 2018;
  • The latest edition provided by the Hawaii District Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 5DC16 by clicking the link below or browse more documents and templates provided by the Hawaii District Courts.

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Download Form 5DC16 "Ex Parte Motion to Stay Execution of Writ of Possession; Declaration; Order" - Hawaii

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EX PARTE MOTION TO STAY EXECUTION OF WRIT
#5DC16
OF POSSESSION; DECLARATION; ORDER
IN THE DISTRICT COURT OF THE FIFTH CIRCUIT
LIHUE DIVISION
STATE OF HAWAI‘I
Plaintiff
Reserved for Court Use
Civil No.
Defendant
Filing Party/Attorney Name, Attorney Number, Firm Name (if
applicable), Address, and Telephone Number
STAY EXECUTION
EX PARTE MOTION TO
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 Hawai‘i, Rule _________________________;
G District Court Rules of Civil Procedure, Rule ____________________;
G Hawai‘i Revised Statutes § __________________________________.
DECLARATION
G the Moving Party or G associated with the Moving Party as ______________________________________________;
1. I am
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 Hawai‘i
SEE PAGE 2
RG-AC-508 (4/18)
5D-P-284
Page 1 of 2
Form #5DC16
EX PARTE MOTION TO STAY EXECUTION OF WRIT
#5DC16
OF POSSESSION; DECLARATION; ORDER
IN THE DISTRICT COURT OF THE FIFTH CIRCUIT
LIHUE DIVISION
STATE OF HAWAI‘I
Plaintiff
Reserved for Court Use
Civil No.
Defendant
Filing Party/Attorney Name, Attorney Number, Firm Name (if
applicable), Address, and Telephone Number
STAY EXECUTION
EX PARTE MOTION TO
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 Hawai‘i, Rule _________________________;
G District Court Rules of Civil Procedure, Rule ____________________;
G Hawai‘i Revised Statutes § __________________________________.
DECLARATION
G the Moving Party or G associated with the Moving Party as ______________________________________________;
1. I am
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 Hawai‘i
SEE PAGE 2
RG-AC-508 (4/18)
5D-P-284
Page 1 of 2
Form #5DC16
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.
Signature of Declarant:
Print/Type Name:
Date:
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
G GRANTED
G DENIED
This Motion is:
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 District Court Administration Office at
PHONE NO. 482-2347, FAX 482-2509, or TTY 482-2533 at least ten (10) working days before your proceeding, hearing, or
appointment date. For all Civil related matters, please call 482-2303 DC Civil Division or visit the Self Help Center at 3970
Kâ‘ana Street, Lîhu‘e, Hawai‘i 96766.
RESET FORM
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Form #5DC16
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