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How to Respond to a Lawsuit in Hawaii: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Hawaii. Last updated 2026-06-02

In Hawaii, how long you have to respond depends on which court and track your case is in. A defendant served with a general civil summons and complaint in the Circuit Court has 20 calendar days to file a written answer under Hawaii Rules of Civil Procedure Rule 12(a)(1). The District Court, which hears most civil and debt-collection cases up to $40,000, works differently: it uses a return-day system, so the defendant appears or answers on the return day stated in the summons, the second Monday following the date of service, under District Court Rules of Civil Procedure Rule 12(a). Two tracks require no written answer at all. In the Small Claims Division of the District Court, for claims up to $5,000, no written answer is permitted; the clerk's notice sets a hearing date and the defendant simply appears, under Rules of the Small Claims Division of the District Courts 3(a) and 10(a). In a summary possession (eviction) case, the defendant appears on or answers by a return day that is the next court session no less than five days after service in the circuit where the case was filed, counting only court days because that window is under seven days, under District Court Rules of Civil Procedure Rule 12(a) and Rule 6(a). A response to a divorce or dissolution complaint is due within 20 calendar days under Hawaii Family Court Rules Rule 12(a). If you miss a deadline or fail to appear where required, the clerk can enter your default under Rule 55(a) and the court can enter a default judgment, which you can later move to set aside within a reasonable time and no more than one year for excusable neglect under Rule 60(b).

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How long do I have to respond to a lawsuit in Hawaii?

It depends on which court and track. For a general civil complaint in the Circuit Court, Hawaii Rules of Civil Procedure Rule 12(a)(1) gives you 20 calendar days after the summons and complaint are served to file a written answer. In the District Court, which hears most debt-collection cases, you appear or answer on the return day stated in the summons, the second Monday following the date of service. Small claims requires no written answer; you appear at the hearing the clerk schedules.

How do I respond to a civil summons in Hawaii?

You respond by filing a written answer with the clerk of the court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney. Attorneys must e-file through the Hawaii Judiciary Electronic Filing System (JEFS); self-represented defendants may register for JEFS to e-file or file conventionally by mail or in person. The answer admits or denies each numbered allegation and states your defenses.

What happens if I don't answer a summons in Hawaii?

If you do not respond by your deadline or appear on your return day, the plaintiff can ask the court to enter your default. Under Hawaii Rules of Civil Procedure Rule 55(a) the clerk enters the default, and the court can enter a default judgment granting what the complaint requests. You may move to set the default aside under Rule 60(b) within a reasonable time and no more than one year by showing excusable neglect.

How do I answer a summons without an attorney in Hawaii?

Self-represented defendants can file an answer themselves. Hawaii has no statewide fill-in answer form, so you type your answer with the court, the parties, and the case number in the caption under Hawaii Rules of Civil Procedure Rule 10(a). File it with the clerk of the court named in the summons and serve the plaintiff. There is no fee to file an answer unless you assert a counterclaim, and a fee waiver is available if you cannot afford court fees.

Hawaii response framework at a glance

Hawaii's response rules turn first on which court and track your case is in. A general civil complaint in the Circuit Court is governed by Hawaii Rules of Civil Procedure Rule 12(a)(1), which directs the defendant to serve an answer within 20 calendar days after being served with the summons and complaint. The District Court, which hears most civil and debt-collection cases up to $40,000, uses a return-day system instead of a counted answer window: under District Court Rules of Civil Procedure Rule 12(a), the defendant appears or answers on the return day stated in the summons, which is the second Monday following the date of service, or the next secular day if that Monday is a legal holiday. Two tracks require no paper answer. Under Rules of the Small Claims Division of the District Courts 3(a) and 10(a), a small claims defendant files no written answer and instead appears at the hearing the clerk sets, which falls not less than 5 nor more than 30 days from filing. In a summary possession (eviction) case, District Court Rules of Civil Procedure Rule 12(a) sets a return day that is the next court session no less than five days after in-circuit service (seven days if served in another circuit, ten days following ordered posting if the defendant cannot be found); because that window is under seven days, Rule 6(a) computes it in court days, excluding weekends and state holidays. A response to a divorce or dissolution complaint is due within 20 calendar days under Hawaii Family Court Rules Rule 12(a). Answers are filed with the clerk of the court named in the summons, captioned under Rule 10(a), and there is no fee to file an answer unless you assert a counterclaim. The Hawaii State Judiciary website at www.courts.state.hi.us is the official source for the JEFS electronic filing system, the fee-waiver forms, and the rules of court defendants need.

Court Resources

Hawaii State Judiciary. District Courts

Judiciary page explaining the District Court civil tracks, the Small Claims Division $5,000 limit, and the return-day system that decides when and where a defendant in the District Court must appear or answer.

Hawaii State Judiciary. Court forms library

Official forms library where a self-represented defendant can find the fee-waiver motion (Ex Parte Motion and Affidavit to Waive Filing Fees) and other self-help court forms used when responding to a lawsuit.

Hawaii State Judiciary. Rules of Court

Official index of the Hawaii Rules of Civil Procedure, District Court Rules of Civil Procedure, Family Court Rules, and Small Claims Division rules that set every answer and return-day deadline described on this page.

Hawaii State Judiciary. Circuit Court filing fee schedule

Official fee schedule a defendant can check before filing in the Circuit Court. There is no fee to file an answer in Hawaii unless you assert a cross-claim or counterclaim, and a fee waiver is available for those who qualify.

Relevant Laws

Hawaii Rules of Civil Procedure Rule 12(a)(1) (20-Day Answer to a Civil Complaint)

Provides that a defendant shall serve an answer within 20 days after being served with the summons and complaint. This is the standard general civil answer deadline in the Circuit Court.

District Court Rules of Civil Procedure Rule 12(a) (Return-Day System and Summary Possession)

Provides that all defendants shall appear or answer at the time appointed in the summons, on the second Monday following the date of service, and sets the summary possession return day at the next court session no less than five days after in-circuit service, seven days if served in another circuit, or ten days following ordered posting if the defendant cannot be found.

Hawaii Rules of Civil Procedure Rule 6(a) (Computing Short Periods)

Provides that when the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and holidays are excluded in the computation. This is why the five-day eviction return window is counted in court days, not calendar days.

Rules of the Small Claims Division Rules 3(a) and 10(a) (No Written Answer in Small Claims)

Provides that the clerk's notice tells the defendant that failure to attend at the time and place designated results in a default judgment, and that judgment by default may be rendered on a verified claim for a liquidated amount when the defendant fails to appear. A small claims defendant files no written answer and appears at the hearing.

Hawaii Family Court Rules Rule 12(a) (Response to a Dissolution Complaint)

Provides that a defendant shall serve an answer within 20 days after service of the summons and complaint in a family action, which sets the response deadline in a divorce or dissolution case.

Hawaii Rules of Civil Procedure Rule 60(b) (Setting Aside a Default or Judgment)

Allows a court to relieve a party from a judgment for mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and no more than one year after the judgment for those grounds.

Hawaii Rules of Civil Procedure Rule 13 (Counterclaims)

Governs compulsory and permissive counterclaims, requiring a defendant to plead a claim arising from the same transaction as the plaintiff's claim or risk losing it.

Regional Variances

Answer or appearance deadline by case track in Hawaii

General civil complaint, Circuit Court (Haw. R. Civ. P. 12(a)(1))

20 calendar days after the summons and complaint are served on the defendant to serve a written answer. This is the default Circuit Court civil deadline and the one most defendants in larger cases are working against.

District Court civil, including debt collection (Dist. Ct. R. Civ. P. 12(a))

No counted answer window. The defendant appears or answers on the return day stated in the summons, which is the second Monday following the date of service, or the next secular day if that Monday is a legal holiday. Most debt-collection cases follow this track.

Small Claims Division of the District Court (Small Cl. Div. R. 3(a), 10(a))

No written answer is permitted. The clerk's notice sets a hearing date, falling not less than 5 nor more than 30 days from filing, and the defendant simply appears in person. Failure to attend results in a default judgment.

Summary possession / eviction (Dist. Ct. R. Civ. P. 12(a))

The defendant appears on or answers by a return day that is the next court session no less than five days after in-circuit service, seven days if served in another circuit, or ten days following ordered posting if the defendant cannot be found. Because the five-day window is under seven days, it is counted in court days, excluding weekends and state holidays.

Divorce / dissolution response (Haw. Fam. Ct. R. 12(a))

20 calendar days after service of the summons and complaint to serve a written answer in the Family Court. Missing it can let the dissolution proceed by default on property, support, and custody.

Which Hawaii court hears your case, by amount

Small Claims Division, District Court

Hears claims up to the small-claims cap of $5,000. No written answer is required, and the defendant appears at the hearing the clerk sets rather than filing a paper response.

District Court, civil

Handles civil cases up to $40,000, sharing jurisdiction with the Circuit Court between $10,000 and $40,000. It uses the return-day system, so the defendant appears or answers on the second Monday following service. There is no fee to file an answer unless you assert a counterclaim.

Circuit Court, civil

Handles civil cases over $40,000. A written answer is required within 20 calendar days of service under Haw. R. Civ. P. 12(a)(1), and there is no fee to file an answer unless you assert a cross-claim or counterclaim.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil complaint in the Circuit Court is due in 20 calendar days under Hawaii Rules of Civil Procedure Rule 12(a)(1). A divorce or dissolution response is due in 20 calendar days under Hawaii Family Court Rules Rule 12(a). In the District Court, including most debt cases, you appear or answer on the return day, the second Monday following service, under District Court Rules of Civil Procedure Rule 12(a). Small claims requires no written answer; you appear at the hearing the clerk sets. A summary possession return day is the next court session no less than five court days after in-circuit service. Mark the exact date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the summons to confirm whether the case is in the Small Claims Division (up to $5,000), the District Court (up to $40,000, return-day system), the Circuit Court (over $40,000, 20-day written answer), a summary possession action, or the Family Court. The track decides whether a written answer is required, your deadline, and where you respond. Confirm the court and circuit named in the summons, because that is where your answer or appearance belongs.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, discharge in bankruptcy, or, in debt-buyer cases, lack of standing. In debt cases, check the six-year written-contract, open-account, and credit-card limitations period under Haw. Rev. Stat. 657-1. If you have a claim against the plaintiff arising from the same transaction, you generally must plead it as a counterclaim under Hawaii Rules of Civil Procedure Rule 13 or risk losing it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Hawaii has no statewide fill-in answer form, so set the caption with the court, the parties, and the case number under Hawaii Rules of Civil Procedure Rule 10(a). Attorney review of the drafted answer is available as an option before you file.

Document: answer-to-complaint

File the answer or prepare to appear with the correct court

On or before the answer deadline or return day days after starting

File your written answer with the clerk of the court named in the summons. Attorneys must e-file through the Hawaii Judiciary Electronic Filing System (JEFS); self-represented defendants may register for JEFS to e-file or file conventionally by mail or in person. There is no fee to file an answer unless you assert a counterclaim. In a small claims or return-day District Court matter, plan to appear on the date stated in the summons instead of filing a paper answer.

Serve the plaintiff and file proof of service

With or promptly after filing days after starting

Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney. Electronic service through JEFS is valid between registered users; for a party not registered in JEFS, serve by mail or personal delivery. File proof of service with the court. An answer that is filed but not served, or served without proof on file, can be challenged.

Request a fee waiver if you cannot afford court fees

At the time of filing days after starting

There is no fee to file an answer in Hawaii unless you assert a counterclaim or cross-claim. If you face a fee you cannot afford, 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 Judiciary forms library publishes the waiver form, and granting it lets you proceed on time without paying the fee.

Appear on the return or hearing date, or at any conference

As set by the court days after starting

Calendar every date the court sets. In the Small Claims Division and in a District Court return-day case, where no fixed written-answer window applies, the date on the summons is your appearance, and missing it risks a default judgment. In a Circuit Court or Family Court case, bring your evidence and a copy of your filed answer to any conference or hearing the court schedules.

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. Hawaii has no statewide fill-in answer form, so you type the answer and set the caption with the court, the parties, and the case number under Hawaii Rules of Civil Procedure Rule 10(a). If you have a claim against the plaintiff, plead it as a counterclaim under Rule 13.

If you missed your deadline and a default judgment was entered, you can file a Motion to Set Aside Default or Judgment by Default under Hawaii Rules of Civil Procedure Rule 60(b). The court can relieve you for mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1). File within a reasonable time, and no more than one year after the judgment for those grounds. Act quickly, because delay weakens the request.

Often yes. Parties commonly agree in writing to extend the answer period, and you can ask the court for more time. Get any extension in writing and confirm it with the court, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your answer. In a District Court return-day case, do not assume an informal conversation moved your return day.

There is no fee to file an answer in Hawaii unless you assert a counterclaim or cross-claim. If you face a fee you cannot afford, 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 Judiciary forms library publishes the waiver form, and granting it lets you proceed without paying the fee.

Yes. Improper service of process is a recognized defense. You can raise lack of personal jurisdiction or insufficient service in your answer or by motion rather than ignoring the case. If service was defective, the time to answer may not have started to run. Raise a service problem promptly, because ignoring the summons or your return day still risks a default judgment under Hawaii Rules of Civil Procedure Rule 55(a).

Common affirmative defenses include the statute of limitations, accord and satisfaction, payment, release, discharge in bankruptcy, fraud, estoppel, waiver, and res judicata. To assert your own claim against the plaintiff, you plead a counterclaim under Hawaii Rules of Civil Procedure Rule 13, which covers both compulsory counterclaims arising from the same transaction and permissive ones. A compulsory counterclaim left out of your answer can be lost.

Most debt cases are filed in the District Court, where you appear or answer on the return day stated in the summons, the second Monday following service. Check the six-year statute of limitations for a written contract, open account, or credit card under Haw. Rev. Stat. 657-1, and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. Do not ignore the summons, because silence leads to a default judgment. Attorney review of a debt-collection answer is available as an option.

A defendant served with a divorce or dissolution complaint and summons has 20 calendar days to serve an answer under Hawaii Family Court Rules Rule 12(a). You file your answer with the Family Court in the circuit named in the summons. Missing the 20-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.

Not in small claims. Under Rules of the Small Claims Division of the District Courts 3(a) and 10(a), no written answer is permitted; the clerk's notice sets a hearing date and you appear in person, with the hearing set 5 to 30 days from filing. In a regular District Court civil case you appear or answer on the return day printed on the summons, the second Monday following service, rather than counting a fixed answer window. Read the summons carefully for that date.

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