plete. Some examples of title documents ney must make a Motion to the are Warranty Deeds, Quitclaim Deeds, Court. Mortgages, Leases, Transfer Certificates QUIET of Title (Land Court System). This motion must be supported by a legal memorandum setting out TITLE the legal reasons why the Court • Genealogy Research should do as the attorney wants it to. This supporting memorandum LAWSUIT If there are gaps in conveyance, or title requires legal research which cov- history, they may have filed by geneal- ers both procedural and substan- ogy. In other words, title can transfer by tive aspects. inheritance. Or what happens When you do genealogy research, you when others want must trace the family linearly (in a to claim your land straight inheritance line), accounting for every year from your ancestor who got the land to the individual living today who is claiming the land. • Legal Research There are many points of law which a Quiet Title lawsuit will deal with. 1) Procedural (Proper Legal Procedure) Examples of this are whether or not you file your Answer on time. It has nothing to do with whether or not you own the land, but whether you meet court dead- lines. This is a legal procedural concern. 2) Substantive (Points of Law which deal with the merit of the Native Hawaiian Legal Corporation case) 1164 Bishop Street Whenever an attorney, on behalf Honolulu, Hawai`i 96813 of his/her client, wants the court to take a certain action, the attor- QUIET TITLE HOW A LAWSUIT BEGINS DISCOVERY STAGE LAWSUIT Two Ways • Request for Answers to Written Inter- rogatories. • With a Complaint (legal document) • Request for Answers Upon Written A Quiet Title lawsuit is a judicial Will be delivered to the Defendant either by Deposition. method of settling, determining or se- mail or in person. • curing title to real property in Hawai`i Request for Production of Documents. Defendant has 20 days from date of receipt which results in a confirmation of title for the Answer with the Court. • Request for Admissions (ownership) Quieting title to property determines • With a Legal Notice legal ownership and can include set- MOTIONS STAGE tling boundary disputes, removing The notice published most times in a news- clouds on title, resolving breaks in the paper will indicate a date the individual must Anytime any party (Plaintiff or Defendant) chain of title caused by invalid or miss- go to court. wishes the Court to take any kind of action ing prior deeds or the absence of a in their favor, they must do so by making a probate for a deceased prior owner. In court, the Judge will take down the per- Motion. This Motion must be backed up by son’s name on the court date and require the detailed legal research, and can be as many Defendant to file an Answer 20 days from the as 60 pages in length, depending upon Court date. which Court the Motion is brought. IF THE ANSWER IS NOT FILED WITHIN TRIAL ON THE MERIT TWENTY DAYS, THE PERSON FILING THE LAWSUIT (PLAINTIFF) CAN MOVE THE IN A QUIET TITLE LAWSUIT, THERE ARE COURT FOR AN ORDER FOR ENTRY OF 3 TYPES OF RESEARCH WHICH MUST DEFAULT. BE DONE: This means anyone named on the Default • Order is barred from making claims to the Title (Conveyance or Transfer History) land which is the subject of the lawsuit. All land titles in Hawai`i can be traced to some point in history when the Government, or the King, granted the land to an individ- ual. When you do a title search, you must trace every instance where a transaction occurred which affected that particular piece of land. Every year must be accounted for. If there are any gaps in time, the title is not com-.