Moving / Studying abroad while pending court date?

[dylanh724]

What is the name of your state (only U.S. law)? Hawaii

Hi --

I got served over 1 year ago for a frivolous case (I'm not just saying that because I'm the defendant -- it really is frivolous, and attorneys are telling me to just wait until the clerks of court send out a notice to potentially dismiss it [in which they will most likely ignore because they will lose if they go to court]).

I am a student and planned to study abroad in Spring 2013. What can I do about this? Can I still legally study abroad for 3-4 months in Japan through my university here in Honolulu? I also graduate after Spring 2013 -- if the case is still lingering, I can't even move can I, when I try to find a real job?

I keep hearing it's best to let this go as long as possible and let it try to dismiss on it's own, but should I draft a "ghetto" (I'd use a template and guess based what Google has told me) motion to dismiss for failure to prosecute, or let this go on it's own? They never even filed a pretrial statement!

 

[justalayman]

are you on any sort of bail/bond release? Have you ever been arrested for this?

 

[dylanh724]

are you on any sort of bail/bond release? Have you ever been arrested for this?

Nope, it's civil. Not criminal of any kind.

 

[justalayman]

well heck, that is totally different.


There is no motion to dismiss available based on the time. If the plaintiff wishes to continue the case as long as the court rules allow it, they can. After that point, it simply falls off the calender due to the expiration of the time allowed for it to set on the court docket.

A civil action does not prevent you from leaving the state or country. The only problem leaving might cause is if the plaintiff re-invigorates the suit, you may be at a disadvantage in trying to defend, or even seek to have the case continued, from Japan. Especially if you maintain a residence in Hawaii, you could be served at not even know it, unless there has to be personal service made directly to the party being sued. I haven't checked since I have no idea what court this is in. Requirements for service often vary based on the level of court the action is in.

 

[dylanh724]

First Circuit Court -- I got served the first time (but with no date, since he didn't file pretrial statement). Oh wow, I didn't know it just falls off !! This is great news.. Do you have a ballpark of how long this takes to dismiss on it's own? I'm sure it varies by state, but I'm sure they are all pretty similar, give or take a few months? I'm confident he won't re invigorate the case. After your next reply, I'm sure Google can provide the rest of the details I need to know. Thanks again !

 

[justalayman]

http://www.courts.state.hi.us/docs/court_rules/rules/rcch.htm



section q states MAY be dismissed sua sponte . It doesn't say SHALL

(b) Pretrial statement. No case shall be placed on the "Ready Calendar" unless a "Pretrial Statement" has been filed and served in accord with Rule 5 of the Hawaiʻi Rules of Civil Procedure. The pretrial statement shall be filed within 8 months after a complaint has been filed or within any further period of extension granted by the court. It shall contain the following information:
(1) A statement of facts;
(2) Admitted facts;
(3) All claims for relief and all defenses advanced by the party submitting the pretrial statement and the type of evidence expected to be offered in support of each claim and defense;
(4) The names, addresses, categories (i.e., lay, eye, investigative), and type (i.e., liability, damages) of all non-expert witnesses reasonably expected to be called by the party submitting the statement and a general statement concerning the nature of the testimony expected;
(5) The name, address and field of expertise of each expert witness expected to testify and a general statement concerning the nature of the testimony expected;

(q) Dismissal for want of prosecution. An action may be dismissed sua sponte with written notice to the parties if a pretrial statement has not been filed within 8 months after a complaint has been filed (or within any further period of extension granted by the court) or if a trial setting status conference has not been scheduled as required by Rule 12(c). Such dismissal may be set aside and the action reinstated by order of the court for good cause shown upon motion duly filed not later than ten (10) days from the date of the order of dismissal.

How long the court would wait to dismiss is up to them.

I would contact the court clerk to inquire if the court typically dismisses the case as possible per rule 12q or if you must file a motion to dismiss for want of prosecution.

 

[dylanh724]

http://www.courts.state.hi.us/docs/court_rules/rules/rcch.htm



section q states MAY be dismissed sua sponte . It doesn't say SHALL







How long the court would wait to dismiss is up to them.

I would contact the court clerk to inquire if the court typically dismisses the case as possible per rule 12q or if you must file a motion to dismiss for want of prosecution.

PERFECT ANSWER!! Thank you !