How to Set Aside a Default Judgment in Hawaii Small Claims Court

A default judgment in Hawaii small claims court isn't necessarily the end of the road — but you have a very narrow window to act. Under RSCD Rule 12(a), you get 10 calendar days from the formal entry of judgment to file a motion to set it aside. After that, Rule 12(a) no longer provides relief; small claims judgments cannot be appealed under Rule 12(b). Contact legal aid to evaluate whether an extraordinary equitable remedy may be available.

Filing the Motion to Set Aside

The form you need is the Motion to Set Aside Default / Judgment / Dismissal — Form 1DC42 in the First Circuit (Oahu) or Form 3DC42 in the Third Circuit (Hawaii Island). Confirm the correct form with the court in other circuits. Pick it up at the District Court Legal Documents Branch or download it from the Hawaii Judiciary forms page.

The motion itself has no filing fee. You'll attach a sworn declaration under penalty of perjury explaining why you missed the hearing. This is the core of your motion — the judge decides based on whether your reason qualifies as excusable neglect.

Serve a copy on the plaintiff. In the First Circuit, the opposing party has 10 days (hand-delivered) or 12 days (mailed) to file an opposition. In the Third Circuit, those windows are 5 and 7 days respectively.

What Counts as Excusable Neglect

The judge decides whether your facts establish excusable neglect or a failure to receive prompt notice that judgment was entered.

Facts that may support a motion: You had a documented emergency or did not receive prompt notice that the judgment was entered. Explain exactly what happened and provide any supporting records.

Do not assume forgetting, oversleeping, or a routine work conflict will meet the standard. Explain the facts honestly and let the judge decide.

Be specific and honest in your declaration. Attach supporting documents — a hospital discharge summary, flight itineraries showing you were off-island, a declaration from someone who can corroborate your reason.

The 10-Day Clock

The 10 days start from the date the judgment is formally entered on the court record, not from the hearing date itself. The plaintiff is required to mail you a copy of the default judgment showing the entry date under RSCD Rule 11(b). That mailed notice is what typically alerts you to the judgment.

If the last day falls on a weekend or state holiday, the deadline extends to 4:30 p.m. on the next business day. But don't count on this — file as soon as possible.

Once those 10 days pass, RSCD Rule 12(a) offers no further relief within the Small Claims Division. Under RSCD Rule 12(b), there is no right of appeal from a small claims judgment. Contact legal aid to evaluate whether an extraordinary equitable remedy may be available.

What to Do While the Motion Is Pending

Filing the motion does not automatically stop the plaintiff from enforcing the judgment. If you're concerned about wage garnishment or property seizure while the judge considers your motion, file a separate Ex Parte Motion to Stay Execution. This asks the court to freeze enforcement until the set-aside motion is decided.

If the judge grants your motion, the default is wiped and a new hearing date is scheduled. You'll get a full opportunity to present your defense. Come prepared with all your evidence — this is effectively your trial.

If the judge denies it, the judgment stands as-is. Pay it in full and make sure the plaintiff files a Satisfaction of Judgment (Form 1DC48 in the First Circuit or 3DC48 in the Third Circuit) to clear the record. Contact the court for the correct form in other circuits.

The Responding to a Small Claims Case in Hawaii guide covers the set-aside motion process step by step, including a declaration template and the complete post-judgment timeline.

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