Hawaii Small Claims Fee Waiver — How to Get the $35 Filing Fee Waived

The Standard Filing Fee

Filing a small claims case in Hawaii costs $35, set by HRS § 633-29. That fee is the same across every judicial circuit — Oahu, Maui, Big Island, and Kauai. If the defendant files a counterclaim, they pay a separate $10 fee under HRS § 607-4(b)(2).

If you cannot afford the $35, Hawaii courts allow you to request a fee waiver based on financial hardship.

How to Apply for a Fee Waiver

The fee waiver application is an ex parte motion — meaning you submit it to the court without the other party being involved. The judge reviews your financial disclosure and decides whether to waive or defer the fee.

On Oahu (First Circuit): File Form 1DC35, titled "Ex Parte Application for Relief From Costs; Declaration; Order."

On Kauai (Fifth Circuit): File Form 5DC13, which serves the same purpose with a slightly different format.

On Maui and Hawaii Island: Ask the clerk for the local fee waiver application. The Second and Third Circuits use their own circuit-prefixed versions of the same form.

Submit the fee waiver application at the same time as your Statement of Claim. The clerk holds your filing until the judge rules on the waiver — if approved, your case is filed without the $35 fee. If denied, you must pay before the filing is processed.

What the Form Asks

The application requires a sworn financial declaration. You will need to disclose:

• Monthly income from all sources (employment, self-employment, government benefits, family support)
• Government assistance status — whether you receive SNAP, Medicaid, SSI, TANF, or General Assistance
• Assets including bank accounts, vehicles, and real property
• Monthly expenses and recurring liabilities (rent, utilities, medical bills, child support)

The declaration is signed under penalty of perjury. Be accurate. The judge compares your income and expenses to determine whether paying $35 would create genuine hardship.

Receiving government assistance is strong evidence of eligibility but not automatic — the judge has discretion. Conversely, having a low income without government assistance can still qualify you if your expenses demonstrate that $35 is a meaningful burden.

What the Waiver Covers (and What It Doesn't)

An approved fee waiver covers the court filing fee — that $35 you would otherwise pay to start the case. It may also cover other court-imposed costs that arise during the case.

The waiver does not cover:

• Process server fees. If you hire a private process server to deliver your Statement of Claim to the defendant, that cost (typically $45–$75) is yours regardless of the waiver.
• Witness travel expenses. For local witnesses, HRS § 607-12 sets a $4-per-day attendance fee and $0.20-per-mile ground travel allowance. For inter-island travel, the attendance fee is $6 per day plus actual round-trip airfare and $0.20 per ground mile.
• Copying costs. You need multiple copies of your filing and evidence sets — one for the court, one for each defendant, one for yourself.

The judge may waive court-imposed costs, but the relief does not pay the practical third-party costs listed above. Budget for those separately.

Alternatives If the Waiver Is Denied

If the judge denies your fee waiver, you still need to pay $35 to proceed. Some options:

Ask about deferred payment. HRS § 633-29 allows the judge to waive prepayment or costs accruing during the action based on a sworn statement or other satisfactory evidence that you cannot pay.

Seek help from legal aid. The Legal Aid Society of Hawaii and Volunteer Legal Services Hawaii assist qualifying low-income residents with civil matters. Ask whether they can help with your fee-relief application.

Weigh the economics. If you are suing for $3,000 in unpaid invoices or a $2,500 security deposit, the $35 fee is roughly 1% of your claim. Even on a tight budget, the potential recovery may justify the cost — especially since the court adds filing fees to your judgment if you win, meaning the defendant reimburses you.

For a step-by-step guide through the entire filing process — including fee considerations, form instructions, and what to bring to court — the Hawaii Small Claims Filing Guide covers everything from demand letter to judgment.

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