How to Respond to a Small Claims Case in Hawaii

Getting served with a small claims lawsuit in Hawaii is jarring. You open the envelope, see "Statement of Claim and Notice" at the top, and your first instinct is to find a response form and file it before some deadline passes. Here's what most people get wrong: Hawaii's Small Claims Division doesn't work that way.

You Don't File a Written Answer

This is the single most important thing to understand. Unlike regular civil court, Hawaii's Small Claims Division does not require a written answer or response filing. Under RSCD Rule 6(a), you show up on your hearing date and state your defense orally to the judge. That's the response mechanism.

The form you received — Form 1DC06, 2DC06, 3DC06, or 5DC06 depending on your island — has two parts. Part I is the plaintiff's Statement of Claim, laying out what they want and why. Part II is the Notice of Hearing, which tells you exactly when and where to appear.

Your deadline is the hearing date printed on that notice. Not 20 days from service, not 30 days, not any of the timelines you'll find in mainland legal guides. Just be in that courtroom (or on that Zoom link) at the date and time listed.

What to Do in the First 48 Hours

Start by verifying the lawsuit is real. Look for the Civil Number on the face of the form (format: 11DCxx-xxxxxx) and search it on eCourt Kokua, the Hawaii Judiciary's public case portal. If the case doesn't appear yet, that's normal — there's often a lag between service and docket entry. You can also call the District Court Legal Documents Branch for your circuit to confirm.

Once you've confirmed the case is genuine, note three things from the papers: the claim amount, the hearing date and time, and the courthouse address or Zoom link.

The plaintiff must have served you at least 48 hours before the scheduled hearing date. If they didn't, the court can't proceed to judgment on the return date — but you should still appear and raise the service timing issue with the judge rather than assuming it's safe to stay home.

Your Four Response Options

You actually have more flexibility than you might think:

Dispute the claim. Show up and tell the judge you disagree with some or all of what the plaintiff is claiming. Bring your evidence — contracts, receipts, photos, text messages. Everything must be printed on paper; courts won't look at evidence on your phone screen. Bring two extra copies: one for the judge, one for the plaintiff.

Admit and pay. If you know you owe the money, you can settle directly with the plaintiff before the hearing and file a Stipulation for Dismissal (Form 1DC21 in the First Circuit or 3DC21 in the Third Circuit). Confirm the correct form with the court in other circuits. Or you can admit at the hearing and the judge will enter judgment.

Settle through mediation. On Oahu, mediation is mandatory on the day of the hearing — a mediator will meet with both parties before you see the judge. On other islands, community mediation centers handle pre-trial settlement. If you reach an agreement, it becomes a formal court document.

File a counterclaim. If the plaintiff actually owes you money from the same situation, you can countersue for up to $40,000 using Form 1DC14 in the First Circuit or 3DC14 in the Third Circuit, with a $10 filing fee. Confirm the correct form with the court in other circuits. The case stays in small claims even if your counterclaim exceeds the normal $5,000 limit.

What Happens If You Don't Show Up

Miss the hearing without getting a continuance, and the judge may enter a default judgment against you. For a fixed, calculated claim, judgment may be entered on the verified claim without further proof. For unliquidated damages, the plaintiff must present proof of the amount.

You have 10 calendar days after the judgment is formally entered to file a Motion to Set Aside (Form 1DC42 in the First Circuit or 3DC42 in the Third Circuit). Confirm the correct form with the court in other circuits. You'll need to show excusable neglect or explain a failure to receive prompt notice that judgment was entered. After that 10-day window, relief is no longer available under RSCD Rule 12(a). Hawaii small claims decisions can't be appealed.

Preparing Your Defense

The hearing itself runs in a predictable order: calendar call, mediation attempt (if applicable), plaintiff presents their side, you present yours, and the judge decides — often right there.

Organize your evidence before the hearing date. Write a brief timeline of the dispute with dates. Gather every document that supports your version: contracts, invoices, photos of damage, email chains, text message printouts. Label each piece and make those copies.

If you need a witness to testify, they can come voluntarily. If they won't, you can request a Subpoena from the court clerk (Form 1DC49 in the First Circuit or 3DC49 in the Third Circuit) to compel their attendance. Confirm the correct form with the court in other circuits.

For a complete walkthrough of the hearing preparation process, evidence organization, and all the decision points a Hawaii small claims defendant faces, the Responding to a Small Claims Case in Hawaii guide covers every step from served papers to post-judgment options.

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