Rule 8.General Rules of Pleading.

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

In one sentenceRule 8 sets what a claim must say, how denials work, which defences must be raised affirmatively, and what an appearance and waiver does.

Full Text of Rule 8

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) (a) Claims for relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain

(1) (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and

(2) (2) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded.

(b) (b) Defenses; form of denials. A party shall state in short and plain terms the party’s defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or paragraphs, or the pleader may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits; but, when the pleader does so intend to controvert all its averments, the pleader may do so by general denial subject to the obligations set forth in Rule 11 of these Rules.

(c) (c) Affirmative defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

(d) (d) Demurrers, pleas, etc., abolished. Demurrers, pleas, exceptions for insufficiency of a pleading and motions for bills of particulars shall not be used.

(e) (e) Effect of failure to deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

(f) (f) Pleading to be concise and direct; consistency.

(1) (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.

(2) (2) A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in Rule 11 of these Rules.

(3) (3) PARAGRAPHS; SEPARATE STATEMENTS. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(4) (4) ADOPTION BY REFERENCE; EXHIBITS. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

(g) (g) Construction of pleadings. All pleadings shall be so construed as to do substantial justice.

(h) (h) Appearance and waiver. Any defendant named in a complaint or petition may execute a form of appearance and waiver of notice or further notice of hearing on the complaint or petition at any time after receiving a copy of the filed or unfiled complaint or petition. The appearance and waiver shall be filed within a reasonable time before the date of the hearing on said complaint or return date of the summons to the complaint or petition. Upon the filing of an appearance and waiver, all averments in the complaint or petition shall be deemed admitted and the hearing on the complaint or petition shall proceed without further notice to the defendant, unless further notice shall be ordered by the court. A notice of disclaimer of an appearance and waiver and an answer may be filed at any time prior to the hearing on the complaint or petition.

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 claim needs two things: a short and plain statement showing the pleader is entitled to relief, and a demand for judgment. Relief may be sought in the alternative or in several kinds at once.

Denials carry the most detail. A party states defences in short and plain terms and admits or denies each averment. A party without enough knowledge to form a belief says so, and that counts as a denial. A denial has to meet the substance of what is denied, and a pleader who means to deny only part of an averment must specify what is true and deny the rest. A general denial is available only to a pleader who in good faith means to controvert everything, subject to the certification duties in Rule 11. Averments not denied are admitted, except as to the amount of damage.

Subdivision (c) lists the affirmative defences by name, from accord and satisfaction through res judicata, the statute of frauds and the statute of limitations, and ends with a catch-all for any other avoidance. A defence mislabelled as a counterclaim, or the reverse, is treated as what it should have been if justice requires. Demurrers and bills of particulars are abolished, pleadings are to be construed to do substantial justice, and claims go in numbered paragraphs each holding a single set of circumstances.

Subdivision (h) is the one unique to family court. A defendant may sign an appearance and waiver of notice at any time after receiving the complaint or petition, filed or unfiled. Once it is filed, every averment in the complaint is deemed admitted and the hearing goes ahead without further notice. A defendant who changes course may file a notice of disclaimer and an answer at any time before the hearing.

Frequently Asked Questions

What must a complaint contain in Hawaii family court?

A short and plain statement of the claim showing entitlement to relief, and a demand for judgment. Alternative or multiple kinds of relief may be demanded.

What happens if I do not deny something in the complaint?

It is admitted, unless it concerns the amount of damage or no responsive pleading is required or permitted.

Which defences must be pleaded affirmatively?

The rule names them, including res judicata, waiver, estoppel, fraud, illegality, payment, release, the statute of frauds and the statute of limitations, plus any other matter constituting an avoidance.

What does an appearance and waiver do?

Filing one admits every averment in the complaint or petition and lets the hearing proceed without further notice, unless the court orders otherwise.

Can an appearance and waiver be taken back?

Yes. A notice of disclaimer and an answer may be filed at any time before the hearing.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 8). 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: hawaii family court answer requirementsappearance and waiver hawaii family courtaffirmative defenses hawaii family courtgeneral denial hawaiihawaii family court rule 8