The Hawaii motion to dismiss: twenty days to answer, ten after a denial
Hawaii procedure · Last verified August 17, 2026
Hawaii's Rule 12 keeps the pre-restyling federal wording and a short calendar: 20 days to answer, 10 days after a denial.
The deadlines
| Event | Time |
|---|---|
| Answer a complaint | 20 days from service |
| After a denied motion, or a deferral to trial | 10 days |
| After a granted more-definite-statement motion | 10 days |
The seven defenses
Haw. R. Civ. P. 12(b):
the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a cl
The classic seven, with venue at (3).
Where this connects
Hawaii's post-judgment routes are covered separately — see Hawaii post-judgment motions and setting aside a Hawaii judgment.
For the answer itself, see responding to a Hawaii complaint. For the dispositive stage, see Hawaii summary judgment, and for the discovery clocks, Hawaii discovery deadlines.
How Hawaii compares
| Hawaii | Alaska | California | Federal | |
|---|---|---|---|---|
| Time to answer | 20 days | 20 days | 30 days | 21 days |
| After a denied motion | 10 days | 10 days | — | 14 days |
| Enumerated grounds | seven | seven | demurrer | seven |
| Venue inside the rule | yes | yes | separate motion | yes |
A short checklist
- Diarise 20 days from service.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion. Joining waives nothing.
- Plan for 10 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- Haw. R. Civ. P. 8 — General Rules of Pleading
- Haw. R. Civ. P. 12 — Defenses and Objections
- Haw. R. Civ. P. 15 — Amended and Supplemental Pleadings
- Haw. R. Civ. P. 56 — Summary Judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.