Hawaii Answer to a Complaint

Introduction

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).

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.