Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 15 allows one amendment as of course before a responsive pleading, leave freely given after that, and relation back where the claim arises from the same conduct.
(a)(a) Amendments. A party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party’s pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. Amendments to pleadings and documents shall state clearly what is being changed and, thereinafter, what the change is. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
(b)(b) Amendments to conform to the evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the party in maintaining the party’s action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
(c)(c) Relation back of amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the party, the party to be brought in by amendment
(1)(1) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and
(2)(2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.
(d)(d) Supplemental pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party respond to the supplemental pleading, it shall so order, specifying the time therefor.
End
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 amend once as a matter of course at any time before a responsive pleading is served. Where no responsive pleading is permitted and the action is not yet on the trial calendar, the window is 20 days after service. After that, an amendment needs leave of court or the written consent of the adverse party, and leave shall be freely given when justice so requires. The rule adds a drafting requirement worth noting: an amendment must state clearly what is being changed and what the change is.
A response to an amended pleading is due within the time remaining for the original or 10 days after service of the amendment, whichever is longer.
Issues tried by express or implied consent are treated as if pleaded, and the pleadings may be amended to conform at any time, even after judgment; failing to amend does not affect the result. Where evidence is objected to as outside the pleadings, the court may allow amendment and shall do so freely if the merits will be served and the objector cannot show prejudice, with a continuance available to meet the evidence.
Relation back saves a late claim. An amendment relates back to the date of the original pleading where the claim or defence arose out of the same conduct, transaction or occurrence. Changing the party sued relates back only if, within the limitations period, that party received notice enough to avoid prejudice and knew or should have known the action would have been brought against it but for a mistake of identity.
Frequently Asked Questions
Can I amend a Hawaii family court pleading without permission?
Once, as a matter of course, before a responsive pleading is served. Where none is permitted and the case is not on the trial calendar, within 20 days after service.
What standard applies to a motion for leave to amend?
Leave shall be freely given when justice so requires.
How long do I have to answer an amended pleading?
The time remaining to respond to the original, or 10 days after service of the amendment, whichever is longer.
When does an amendment relate back?
When the claim or defence arose out of the conduct, transaction or occurrence set forth in the original pleading. Changing a party also requires timely notice and knowledge of a mistake in identity.
What is a supplemental pleading?
A pleading setting out transactions, occurrences or events that happened after the date of the pleading being supplemented, allowed on motion and reasonable notice.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 15). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
Also known as:amending a pleading hawaii family courtrelation back hawaii family courtsupplemental pleading hawaiihawaii family court rule 15