I. DOCUMENT HEADER

IN THE CIRCUIT COURT OF THE _ CIRCUIT
STATE OF HAWAIʻI

[PLAINTIFF NAME(S)], ) CIVIL NO. [#####]
)
Plaintiff(s), ) (Nature of Action: [e.g., Contract])
)
vs. ) DEFENDANT [NAME]’S
) MOTION TO DISMISS;
[DEFENDANT NAME(S)], ) MEMORANDUM IN SUPPORT OF MOTION;
) DECLARATION OF COUNSEL;
Defendant(s). ) NOTICE OF HEARING;
) CERTIFICATE OF SERVICE

Judge: Hon. [JUDGE’S NAME]
Hearing: [DATE] at [TIME] a.m./p.m.
Room: [COURTROOM NO.]
Reservation: [IF APPLICABLE]

DEFENDANT [NAME]’S MOTION TO DISMISS

[// GUIDANCE: For District Court, alter caption and reference “District Court of the First Circuit – [Division]” or applicable division.]

II. DEFINITIONS

For ease of reference in this Motion and accompanying Memorandum, the following capitalized terms have the meanings set forth below:

1. “Complaint” means the Complaint filed by Plaintiff on [Filing Date].
2. “Defendant” means [Full Legal Name of Moving Party].
3. “Court” means the above-captioned Hawaiʻi state court.
4. “HRCP” means the Hawaiʻi Rules of Civil Procedure.

[// GUIDANCE: Add or delete definitions as needed; keep alphabetical order.]

III. OPERATIVE MOTION

Defendant, by and through its undersigned counsel, hereby moves the Court, pursuant to HRCP Rules 12(b)(1)-(7) and 7(b), for an Order dismissing the Complaint in its entirety [or specify counts] on the following grounds:

(a) lack of subject-matter jurisdiction (HRCP 12(b)(1));
(b) lack of personal jurisdiction (HRCP 12(b)(2));
(c) improper venue (HRCP 12(b)(3));
(d) insufficient process (HRCP 12(b)(4));
(e) insufficient service of process (HRCP 12(b)(5));
(f) failure to state a claim upon which relief can be granted (HRCP 12(b)(6)); and/or
(g) failure to join an indispensable party under HRCP Rule 19 (HRCP 12(b)(7)).

This Motion is supported by the Memorandum in Support, the Declaration of counsel, the record herein, and such further argument or evidence as may be presented at hearing.

IV. MEMORANDUM IN SUPPORT OF MOTION

A. Introduction

[Concise overview of the dispute and the specific relief requested.]

B. Procedural & Factual Background

1. On [Date], Plaintiff filed the Complaint.
2. Service of process was effectuated/not effectuated on [Date/Status].
3. [Provide bullet-point chronology limited to key events relevant to dismissal grounds.]

C. Applicable Legal Standards

1. Motion to Dismiss – HRCP Rule 12(b).
2. Pleading Requirements – HRCP Rule 8(a).
3. Briefing Schedule – RCC Rule 7[ .x] & HRCP Rule 6(c):
   • Opposition due no later than [__] days before hearing.
   • Reply (if any) due no later than [__] days before hearing.
4. Oral Argument – HRCP Rule 7(b)(4) & RCC Rule 8: Oral argument is automatically calendared unless waived by the Court or all parties.

[// GUIDANCE: Insert the correct RCC rule numbers for your circuit (e.g., RCC 7.2 for First Circuit).]

D. Argument

1. The Court Lacks Subject-Matter Jurisdiction.

[Explain statutory or constitutional limits; cite controlling statutes only if certain.]

2. The Court Lacks Personal Jurisdiction Over Defendant.

[Set forth jurisdictional analysis; emphasize Plaintiff’s burden.]

3. Venue Is Improper Under Haw. Rev. Stat. § [placeholder].

[If invoked; include only if citation is 100 % certain.]

4. The Complaint Fails to State a Claim (HRCP 12(b)(6)).

a. No cognizable cause of action.
b. Insufficient factual allegations.
c. Preemption/Statutory bar [if applicable].

5. Plaintiff Failed to Join an Indispensable Party (HRCP 19).

[Identify missing party and prejudice to Defendant.]

6. Alternative Relief: Dismissal Without Prejudice or Transfer.

[Address HRCP 12(b)(3) transfer option; include savings clauses.]

E. Conclusion

For the foregoing reasons, Defendant respectfully requests that the Court:

1. Grant this Motion and dismiss the Complaint [with/without prejudice];
2. Award Defendant its reasonable attorneys’ fees and costs as the Court deems just and proper; and
3. Grant such other and further relief as the Court deems appropriate.

V. DECLARATION OF COUNSEL

I, [DECLARANT NAME], declare as follows:

1. I am counsel for Defendant in this action.
2. I certify that, pursuant to RCC Rule ____ and HRCP Rule 7(b), I have conferred (or attempted to confer) with counsel for Plaintiff in good faith to resolve the issues raised herein, but no agreement could be reached.
3. The facts stated in ¶¶ []–[] above are true and correct to the best of my knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

DATED: [City], Hawaiʻi, [Date].

[DECLARANT NAME], Esq.
Attorney for Defendant

[// GUIDANCE: Some circuits require a separate meet-and-confer certificate; verify local practice.]

VI. NOTICE OF HEARING

TO: [All Counsel of Record]

PLEASE TAKE NOTICE that the foregoing Motion will be heard before the Honorable [Judge] on [Date] at [Time] a.m./p.m., or as soon thereafter as counsel may be heard, in Courtroom [No.], [Courthouse address].

IF YOU INTEND TO OPPOSE THIS MOTION, you must file and serve your written opposition no later than [__] days prior to the scheduled hearing pursuant to HRCP Rule 6(c) and RCC Rule 7. Failure to comply may be deemed a waiver of opposition and the Motion may be granted.

DATED: [City], Hawaiʻi, [Date].

[ATTORNEY NAME], Esq.
Attorney for Defendant

VII. [PROPOSED] ORDER

[COURT CAPTION SAME AS ABOVE]

[PROPOSED] ORDER GRANTING DEFENDANT [NAME]’S MOTION TO DISMISS

The Court, having considered Defendant’s Motion, the memoranda and declarations on file, and the arguments of counsel, and good cause appearing,

IT IS HEREBY ORDERED that:

1. Defendant’s Motion is GRANTED.
2. The Complaint is dismissed [with/without] prejudice.
3. Any other relief requested but not granted herein is DENIED.

DATED: Honolulu, Hawaiʻi, ___, 20.

Judge of the above-entitled Court
[// GUIDANCE: File the proposed order as a separate PDF/Word document if required by JEFS.]

VIII. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was duly served electronically through JEFS (or by U.S. Mail first-class, postage pre-paid, if the receiving party is not JEFS-registered) upon all counsel of record on this _ day of __, 20__.

[ATTORNEY NAME], Esq.

IX. PRACTICAL CHECKLIST

• Verify judge-specific formatting preferences (font size, margins, citation style).
• Confirm hearing date availability with the clerk before filing.
• Calendar opposition and reply deadlines immediately upon obtaining the hearing date.
• E-file via JEFS; upload the Motion, Memorandum, Declaration(s), Notice, and Proposed Order as separate PDFs.
• Serve any non-JEFS parties by physical mail the same day as electronic filing.
• Bring courtesy copies for the Court, if required (e.g., First Circuit Court’s CM 4 rule).

[// GUIDANCE: Delete checklist prior to filing if the judge disfavors ancillary pages.]

text
Prepared By:
LAW OFFICES OF [FIRM NAME]

By: _____
[ATTORNEY NAME] (HI Bar No. _____)
[Email Address]
[Telephone]
Attorney for Defendant [CLIENT NAME]

DATE: _______