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Hawaii Answer to a Complaint

Hawaii gives you 20 calendar days to answer a civil complaint under Haw. R. Civ. P. 12(a)(1). File on time or the plaintiff can take a default judgment.

Introduction

A Hawaii Answer to a Complaint is the written response you file with the clerk of the Circuit Court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, Haw. R. Civ. P. 12(a)(1) gives you 20 days after being served with the summons and complaint to serve your answer. Because that window is 20 days, it is counted as calendar days under Haw. R. Civ. P. 6(a). What sets a Hawaii answer apart is that there is no statewide fill-in answer form. You type the answer as a pleading on a caption that complies with Haw. R. Civ. P. 10(a), then file it with the clerk of the court named in the summons. Attorneys must e-file through the Judiciary Electronic Filing System, while self-represented parties may e-file or file in person or by mail. Miss the deadline and the plaintiff can take a default judgment under Haw. R. Civ. P. 55(a). DocDraft drafts a Hawaii-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 20 calendar days. Under Haw. R. Civ. P. 12(a)(1), a defendant in a general civil case must serve an answer within 20 days after being served with the summons and complaint. Because the window is at least 7 days, Haw. R. Civ. P. 6(a) counts it as calendar days.

  2. 2

    There is no statewide answer form. Hawaii has no fill-in civil answer form. You type the answer as a pleading on a caption that complies with Haw. R. Civ. P. 10(a) and file it with the clerk of the court named in the summons.

  3. 3

    Debt collection cases in District Court use a return day, not a counted answer window. Under Haw. Dist. Ct. R. Civ. P. 12(a), all defendants must appear or answer on the second Monday following the date of service, or the next secular day if that Monday is a legal holiday.

  4. 4

    An eviction return day can be as little as five court days out. In a summary possession case under Haw. Dist. Ct. R. Civ. P. 12(a), the return day is the next court session no less than five days after service in the same circuit, no less than seven days if served in another circuit. Because five days is under 7, Haw. R. Civ. P. 6(a) excludes weekends and holidays.

  5. 5

    There is no fee to file an answer, and waivers exist. The fee to file an answer is $0 unless you assert a counterclaim or cross-claim. If you cannot afford court costs, you can file an Ex Parte Motion and Affidavit to Waive Filing Fees based on in forma pauperis status.

  6. 6

    A related claim may be compulsory. Under Haw. R. Civ. P. 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer. The statute of limitations on a written contract or open account is generally 6 years under HRS section 657-1.

  7. 7

    Small claims requires no written answer. In the Small Claims Division of the District Court, which hears claims up to $5,000, no written answer is permitted. The clerk's notice sets a hearing date and you must attend in person; failure to attend results in a default judgment under Haw. R. Small Cl. Div. 3(a) and 10(a).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE [CIRCUIT COURT / DISTRICT COURT] OF THE [FIRST] CIRCUIT, STATE OF HAWAII

[PLAINTIFF NAME], Plaintiff, v. Civil No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and on that basis denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and on that basis denies]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract or open account under HRS section 657-1; payment; release; statute of frauds; accord and satisfaction; estoppel; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Haw. R. Civ. P. 13 a counterclaim arising out of the same transaction or occurrence is compulsory and should be filed with this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant prays that the Complaint be dismissed, that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

DATED: [DATE]

[SIGNATURE] [DEFENDANT NAME], Defendant Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] by [electronic service through the Judiciary Electronic Filing System / mail / personal delivery]. [SIGNATURE]

Hawaii Requirements for Answer to a Complaint

20-Day Answer Deadline

In a general civil case your answer must be served within 20 days after you are served with the summons and complaint, under Haw. R. Civ. P. 12(a)(1). Because the window is at least 7 days, Haw. R. Civ. P. 6(a) counts it as calendar days. A debt collection case in District Court instead uses a return day on the second Monday following service under Haw. Dist. Ct. R. Civ. P. 12(a).

Typed Pleading, No Statewide Form

Hawaii has no statewide fill-in civil answer form. Type the answer as a pleading that responds to each allegation, states your affirmative defenses, and includes any counterclaim under Haw. R. Civ. P. 13. Do not leave the answer as a fill-in form because no such form exists for a civil answer.

Court Caption

Caption the answer for the court named in the summons, which for general civil cases over $40,000 is the Circuit Court, and between $10,000 and $40,000 may be the District Court. Include the circuit, the parties' names, the civil case number, and the title Defendant's Answer to Complaint, in the form required by Haw. R. Civ. P. 10(a).

File With the Court Clerk

File your answer with the clerk of the court named in the summons. Attorneys must e-file through the Judiciary Electronic Filing System (JEFS). Self-represented parties may register for JEFS to e-file, or file conventionally in person or by mail.

Serve a Copy on the Plaintiff

Serve a copy of your answer on the plaintiff or their attorney. Electronic service through JEFS is valid for registered users. Conventional service by mail or personal delivery is required for parties not registered in JEFS. Keep proof of service.

No Answer Fee, Waiver Available

The fee to file an answer in Hawaii is $0, unless your answer asserts a counterclaim or cross-claim. If you cannot afford court costs, file an Ex Parte Motion and Affidavit to Waive Filing Fees, based on in forma pauperis status, with the same court hearing your case.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, statute of frauds, accord and satisfaction, fraud, waiver, or estoppel. In a debt case, the statute of limitations on a written contract or open account is generally 6 years under HRS section 657-1.

Compulsory Counterclaim If Any

Under Haw. R. Civ. P. 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim.

Frequently Asked Questions

In a general civil case, Haw. R. Civ. P. 12(a)(1) requires you to serve your answer within 20 days after being served with the summons and complaint, counted as calendar days under Haw. R. Civ. P. 6(a). The deadline differs in other courts. A debt collection case in District Court uses a return day on the second Monday following service under Haw. Dist. Ct. R. Civ. P. 12(a), a summary possession (eviction) case sets a return day no less than five court days after service, and small claims requires no written answer because you appear at the hearing. Missing your deadline can lead to a default judgment.

Hawaii has no statewide fill-in civil answer form. You type the answer as a pleading on a caption that complies with Haw. R. Civ. P. 10(a), which names the court, the parties, and the case number, and you title it as the defendant's answer. The answer responds to each allegation in the complaint, states any affirmative defenses you intend to rely on, and includes any counterclaim you have under Haw. R. Civ. P. 13.

File your answer with the clerk of the court named in the summons. General civil cases over $40,000 are heard in the Circuit Court, with concurrent District Court jurisdiction between $10,000 and $40,000, and small claims up to $5,000 are heard in the Small Claims Division of the District Court. Attorneys must e-file through the Judiciary Electronic Filing System, while self-represented parties may e-file or file in person or by mail.

The fee to file an answer in Hawaii is $0, unless your answer asserts a counterclaim or cross-claim. If you cannot afford court costs, you can file an Ex Parte Motion and Affidavit to Waive Filing Fees, also called a request for relief from court filing fees, based on in forma pauperis status. The motion is filed with the same court that is hearing your case.

Under Haw. R. Civ. P. 55(a), if you fail to answer in time the plaintiff can seek a default, and a default judgment may be entered on a verified claim for a liquidated amount without further proof. You may be able to set the default aside by filing a Motion to Set Aside Default within a reasonable time, and not more than one year, under Haw. R. Civ. P. 60(b), by showing mistake, inadvertence, surprise, or excusable neglect. The reliable path is to file on time.

Yes, and you may be required to. Under Haw. R. Civ. P. 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim. In a debt case, the statute of limitations on a written contract or open account is generally 6 years under HRS section 657-1.