Rule 7.Pleadings Allowed; Form of Motions.

Last amended January 1, 2000 · Last verified July 3, 2026

In one sentenceRule 7 lists the only pleadings a case may have, describes how a motion must be made, and abolishes older common-law pleading devices like demurrers.

Full Text of Rule 7

Text sizeJump to: (a) (b) (c)

(a) Pleadings. There shall be a complaint and an answer; 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; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

(b) Motions and other papers.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.

(3) All motions shall be signed in accordance with Rule 11.

(c) Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.

End

Amendment History

Amended May 15, 1972, effective July 1, 1972

further amended December 7, 1999, effective January 1, 2000

Plain-English Summary

Rule 7 limits a case to a short, fixed list of pleadings: a complaint and an answer, a reply to a counterclaim, an answer to a cross-claim if the answer contains one, a third-party complaint when a new party is brought in under Rule 14, and a third-party answer if that complaint is served. No other pleading is allowed unless the court specifically orders a reply to an answer or a third-party answer.

The rule then turns to motions, requiring that an application for a court order be made by written motion, unless made during a hearing or trial, that states its grounds with particularity and the relief sought, and it applies the same formatting rules that govern pleadings to motions and other papers. It closes by abolishing older common-law devices: demurrers, pleas, and exceptions for an insufficient pleading are no longer used.

Frequently Asked Questions

What pleadings does Rule 7 allow in a Hawaii civil case?

Only a complaint, an answer, a reply to a counterclaim, an answer to a cross-claim, a third-party complaint, and a third-party answer, plus a court-ordered reply to an answer or third-party answer if the court orders one.

Are demurrers still used in Hawaii civil practice?

No. Rule 7(c) abolishes demurrers, pleas, and exceptions for insufficiency of a pleading.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 7). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: pleadings allowedform of motionsabolition of demurrershow to make a motion