Rule 126.Responsive Pleading or Motion.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 126
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
A party may file a written pleading or motion, supported by affidavit or declaration, addressed to the allegations of the petition, before the hearing. A response is permitted rather than required.
The timing requirement is on availability, not filing. Such a pleading must be made available to the other parties at least 48 hours before the hearing.
Forty-eight hours is short by the standards of Part A, where Rule 12 gives a civil defendant 20 days to answer. The compression reflects how quickly juvenile matters move, particularly where a child is in shelter or detention and Rules 133 to 136 are running their own clocks.
Frequently Asked Questions
Do I have to answer a Hawaii juvenile petition?
No. A party may file a written pleading or motion addressed to the allegations, but it is optional.
How far in advance must a response be provided?
At least 48 hours before the hearing, made available to the other parties.
Does the response need support?
It must be supported by affidavit or declaration.
Why is the period so short?
Juvenile matters move quickly, particularly where a child is in shelter or detention under Rules 130 to 136.
What must the petition itself contain?
Rule 125 requires the date, place and manner of the acts alleged and the law or standard of conduct violated, in plain language and with reasonable particularity.