Rule 7.Pleadings Allowed.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 7 lists the pleadings a family court case may contain and closes the list to anything else unless the court orders a reply.

Full Text of Rule 7

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There shall be a complaint, petition, application or written request, as required by statute, and an answer that may include a counterclaim and/or cross-claim(s); a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14 of these Rules; and a third-party answer, if a third-party complaint is served. No other initial pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

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 closed list of documents. The case opens with a complaint, petition, application or written request, whichever the statute requires. The responding party files an answer, which may carry a counterclaim, a cross-claim, or both. A counterclaim draws a reply if it is labelled as one. A cross-claim draws an answer if that answer itself contains a cross-claim.

Third-party practice adds two more. A third-party complaint is a pleading when someone who was not an original party is summoned under Rule 14, and a third-party answer is a pleading once that complaint is served.

Then the door shuts. No other initial pleading is allowed, with one exception: the court may order a reply to an answer or to a third-party answer. A party who wants to respond to an answer cannot do it as of right.

Frequently Asked Questions

What pleadings are allowed in Hawaii family court?

A complaint, petition, application or written request; an answer, which may include a counterclaim or cross-claim; a reply to a counterclaim; an answer to a cross-claim containing a cross-claim; a third-party complaint; and a third-party answer.

Can I file a reply to the other side answer?

Only if the court orders one. Rule 7 allows no other initial pleading, except that the court may order a reply to an answer or a third-party answer.

Does a counterclaim need a reply?

A reply is a permitted pleading where the counterclaim is denominated as such. Rule 12(a) sets the time for serving it.

What starts third-party practice?

A third-party complaint, once a person who was not an original party is summoned under Rule 14.

Is a motion a pleading?

No. Motions are governed by Rule 10, and Rule 7 lists only pleadings.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 7). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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