Public-domain · open source
OpenJurist
← 53 Haw. 201 - Jensen v. Pratt

Jensen v. Pratt’s Empirical Analysis

1971

Citation profile

14
cited by 14 later decisions
1
states following
September 2020
most recently cited

14 state decisions

How this case has been cited

Cited by 14 later decisions — most recently September 2020

14 state decisions

80197119801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Enochs v. Sisson · Shelton Engineering Contractors, Ltd. v. Hawaiian Pacific Industries, Inc. · Clarke v. Civil Service Commission

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.”
    2 later decisions quote this exact passage · from the majority
  2. “Plaintiffs assert that the failure of the trial court to comply with the notice and hearing requirements of [HRCP] Rule 56(c) is reversible error. This court has held that, absent a showing of harm, the failure of the trial court to comply with the requirement of ten days’ notice of hearing set forth in H.R.C.P. Rule 56(c) is not reversible error. The requirement of showing that the error is prejudicial stems from [HRCP] Rule 61: “The court at every stage of the proceeding must disregard any error which does not affect the substantial rights of the parties.” We think the proper standard of appellate review under [HRCP] Rule 56(c) is to treat periods of notice of less than ten days as nonprejudicial, in the absence of a showing of actual harm ... On the other hand, we think the dispensing with the opportunity to be heard orally on a motion for summary judgment, contrary to the requirement of [HRCP] Rule 56(c), so strongly affects the substantial rights of the parties as to constitute harmful error per se.”
    1 later decision quote this exact passage · from the majority
  3. “[T]he requirement of showing that the error is prejudicial stems from HRCP Rule 61.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.