Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2
As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro...
View ArticlePro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney
Sometimes, a client who is involved in a Hawaii State court case would like his or her own mainland lawyer to be involved in the Hawaii case. In such matters, with the permission of the Court, the...
View ArticleA Hawaii Attorney’s Guide to Bifurcation of Trials
Hawaii trial courts, in certain circumstances, will allow a litigant to divide his trial into two parts. This is called “bifurcating” the trial. Hawaii Rules of Civil Procedure (HRCP) Rule 42(b)...
View ArticleA Hawaii Attorney Has An Ethical Duty To Return Inadvertently Produced Documents
Throughout a case, the parties exchange numerous documents. Responsible attorneys take precautions to review every document that is produced to the opposing party to ensure that documents that are not...
View ArticleA Hawaii Attorney May Request An Award Of Costs For A Prevailing Party
We have previously written about the recovery of Attorney’s Fees in Hawaii. Under the American Rule, parties to a lawsuit are responsible for paying their own expenses of litigation. Certain statues,...
View ArticleHawaii Independent Medical Examinations Are Controlled By HRCP Rule 35
In Hawaii personal injury cases, an issue that is often in dispute is the existence and severity of the plaintiff’s physical injuries. Often, the best source of evidence of the plaintiff’s injuries is...
View ArticleMisrepresentation and Fraud in Hawaii
If a person or entity has been deceived, Hawaii law provides for a means of redress. Under Hawaii’s doctrine of fraudulent inducement, if a person enters into a contract due to the misrepresentations...
View ArticleHawaii Attorney Philip Brown selected to the Best Lawyers in America
Hawaii attorney Philip R. Brown has been selected by his peers to be included in the 2010 edition of The Best Lawyers in America. Obviously, he is delighted to have received this great honor. “For over...
View ArticleArbitration in Hawaii (Part 2)
Hawaii Courts strongly encourage arbitration. In fact, Hawaii Courts favor arbitration to such an extent that if there are three parties to a contract (and one didn’t sign the agreement containing the...
View ArticleArbitration in Hawaii
Hawaii courts favor arbitration. Arbitration is a device in which the litigants agree to hire a private, independent third party to decide their case. It is generally accepted that parties will reduce...
View ArticleCivil Discovery in Hawaii
In a lawsuit, Hawaii attorneys generally rely on two types of written discovery devices- interrogatories and document requests. Simply put, interrogatories are lists of questions that must be answered...
View ArticleHawaii State Court Motions
When filing a motion in Hawaii State Court, the motion and all of its supporting documents (memorandum in support of motion; affidavits or declarations; exhibits, and notice of hearing and certificate...
View ArticleForeign Corporation Depositions in Hawaii (Part 2)
When a foreign corporation has subjected itself to jurisdiction in the United States, exceptions to the general rule on the location of the deposition are often made. Id. at 466-67 citing Custom Form...
View ArticleForeign Corporation Depositions in Hawaii (Part 1)
With the rise of foreign corporations, the location of the deposition of a witness from a foreign corporation occasionally becomes an issue. The general local rule in Hawaii is that the deposition is...
View ArticleHawaii Attorney Witness Preparation
There are certain things that I tell witnesses to remember when testifying in a deposition. 1. The Witness’s testimony is under oath. Therefore, the Witness is subject to the penalty of perjury if she...
View ArticleDepositions in Hawaii
Depositions are an essential aspect of civil litigation. Hawaii rules provide for many devices to obtain discovery. Depositions are one of the most effective. Specifically, H.R.S. Rule 26(a)- General...
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