Going to Court and Dealing with Procedure

Civil lawsuits are filed when someone believes they have been injured or wronged by some person, corporation or government agency, and they believe that you should be paid for the harm they suffered.  Civil procedure refers to the rules you must follow during a civil lawsuit.  

Key Legal Issues 

The Hawaii Rules of Civil Procedure, the District Court Rules of Civil Procedure and the Rules of the Small Claims Division of the District Courts take you through a legal claim from beginning to end and include rules relating to:  

• Writing, filing, and serving a complaint and answer.  
• Discovery rules that explain how to get additional information about the claim.  
• Pre- trial conferences with the judge and procedures relating to trial. 
• Judgments and appeals.   

The specific court a matter is filed in depends on the type of claim and the amount in dispute: 

• Small Claims in District Court: the debt, damages or value of the property claimed do not exceed $5,000. 
• Regular Claims in District Court: the debt, damages or value of property claimed do not exceed $40,000. 
• Claims in Circuit Court: the debt, damages or value of property claimed exceed $40,000. 

Process for Going to Court 

You must follow the rules of civil procedure before and after your case gets to court. If you have a court date, consider visiting the courthouse in advance to get your bearings. On your court date, show up early and be prepared to wait. 

 After you get to court, some simple considerations apply:   

1. Find your courtroom.  Courtrooms will usually have a “docket” on the door indicating which cases are heard on that day and the time they will be heard.  If you are unable to find your courtroom, ask at the Court Clerk’s office.   
2. Stand up when the judge enters.  Follow the judge’s instructions on when and where to stand, and when to sit. 
3. Prior to your court date, plan what you will tell the court.  Your story should be well organized and to the point. Do not go off on tangents or be repetitive. Stay calm and polite. 
4. When telling your story, start by telling the judge why you are there.  Summarize the nature of your claim and your supporting evidence. 
5. Point to evidence that supports your position. Evidence can include copies of contracts, estimates, bills, photographs, diagrams, police reports, etc. For any evidence that you refer to, have multiple copies available.  You may also bring witnesses, either someone who has first-hand knowledge of the facts or is an expert on the subject. In some cases, you may be required to submit evidence and a witness list to the opposing party in advance. 
6. Think about what the other party will say in advance. The judge will try to sort out the differing stories and will ask the parties about details that are raised.  Be ready for any questions.  
7. Address the judge only. Do not directly talk to the other party unless told to do so by the judge.  If you have questions after the court appearance, ask the court clerk.  The court clerk cannot provide legal advice, but can help you with the court process.   
8. If you have a lawyer, come prepared with questions.