Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 55 lets the court enter a default when a party fails to plead or defend, and sets a higher bar for a default against the government.
(a)(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these Rules and that fact is made to appear by motion supported by affidavit or declaration or as otherwise provided hereinbelow, the court shall enter the party’s default.
(b)(b) Judgment. In a contested or uncontested action, where it appears from the record and by testimony (or by affidavit or declaration in an uncontested matrimonial action) that the adverse party has been duly served with the complaint or dispositive motion, and the adverse party has failed to appear or otherwise defend as provided by these Rules, the court may grant an entry of default and proceed with a proof hearing, when a hearing is required, and enter a default judgment. No judgment by default shall be entered against a minor or incompetent person unless represented in the action by a guardian, or other such representative who has appeared therein, and upon whom service may be made under Rule 17(c) of these Rules.
(c)(c) Setting aside default. For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b) of these Rules.
(d)(d) Plaintiff, cross-plaintiff. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff or a party who has pleaded a cross-complaint. In all cases a judgment by default is subject to the limitations of Rule 54(c) of these Rules.
(e)(e) Judgment against the State, etc. No judgment by default shall be entered against the State or a county, or an officer or agency of the State or a county, unless the claimant establishes a claim or right to relief by evidence satisfactory to the court.
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
Where a party against whom affirmative relief is sought has failed to plead or otherwise defend, and that is made to appear by motion supported by affidavit or declaration, the court shall enter that party default.
Judgment follows on a record showing due service and a failure to appear or defend. In a contested or uncontested action the court may grant entry of default and proceed, and in an uncontested matrimonial action the showing may be made by affidavit or declaration rather than live testimony, which is what makes an uncontested divorce practical.
Getting out is a two-step test. An entry of default may be set aside for good cause shown. Once a default judgment has been entered, it may be set aside only in accordance with Rule 60(b), which is the stricter standard.
The rule applies whether the party entitled to judgment is a plaintiff or a cross-claimant, and every default judgment remains subject to the ceiling in Rule 54(c). Against the State or a county, or an officer or agency of either, no default judgment may be entered unless the claimant establishes the claim or right to relief by evidence satisfactory to the court.
Frequently Asked Questions
What happens if the other party never responds in Hawaii family court?
On a motion supported by affidavit or declaration showing a failure to plead or otherwise defend, the court shall enter that party default.
Can an uncontested divorce be proved by declaration?
Yes. In an uncontested matrimonial action the showing may be made by affidavit or declaration rather than testimony.
How do I set aside a default?
An entry of default may be set aside for good cause shown. A default judgment may be set aside only in accordance with Rule 60(b).
Can a default judgment exceed the complaint?
No. Every default judgment is subject to the limitations of Rule 54(c).
Can I default the State?
Not without proof. No default judgment may be entered against the State or a county, or an officer or agency of either, unless the claimant establishes the claim by evidence satisfactory to the court.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 55). 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:default judgment hawaii family courtuncontested divorce hawaii defaultsetting aside default hawaiihawaii family court rule 55