Here is more information to help both parties prepare for the hearing.
What if I don’t come to the hearing?
If you are the Defendant and you do not come to the hearing on the date and time shown above, the
Court may order you to pay the Plaintiff the amount requested in the Statement of Claim. This is called
a Default Judgment.
If you are the Plaintiff and you do not come to the hearing, the Court may dismiss your case.
May I hire an attorney?
Yes. You may come to the hearing with or without an attorney.
May I bring witnesses and documents to support my case to the hearing?
Yes. If you plan to question witnesses, they must come to the hearing at the date and time shown
You may also ask the Judge to look at documents that support your case. You must bring those
documents, with at least 2 copies, to the hearing.
How can I make sure my witnesses show up for the hearing?
The Court can help you make sure a witness comes to the hearing by issuing a subpoena. If you wish to
subpoena witnesses, contact the Court Clerk as soon as possible before the hearing.
How can I get the case moved to a different court?
A small claims case can only be transferred to the Court’s Regular Claims Division if the Plaintiff agrees
to the transfer. If the Plaintiff agrees to the transfer, you must pay the regular claims filing fee to this
Defendant, if you file a counterclaim for more than $5,000, then either you or the Plaintiff may ask for a
jury trial. Once the jury fee is paid, the Court will decide if the case should be transferred to the Circuit
If I lose the case, may I appeal it?
No. In a small claims action, the Judge’s decision is final. You MAY NOT appeal a judgment of the Small
Instructions to the Plaintiff about delivering this form to the Defendant
You must deliver a full copy of this form to the Defendant, either by registered or certified mail, with restricted
delivery, or by personal service. Please read the Instructions on the Service of Process Information Sheet
carefully before you try to serve the Defendant.
Restriction on personal service: This claim may not be personally delivered between 10:00 p.m. and 6:00 a.m.
unless it is served at a location that is open to the public, or unless a Judge of this Court, by written order,
permits personal delivery during those hours.
Americans with Disabilities Act Notice
If you need an accommodation for a disability when participating in a court program, service or activity, please
contact the ADA Coordinator as soon as possible to allow the court time to provide an accommodation:
• Call (808) 538-5121; or
• Send an e-mail to firstname.lastname@example.org
The court will try to provide, but cannot guarantee, your requested auxiliary aid, service or accommodation.
If you need help with this document, please contact the District Court Service Center at PHONE NO. (808) 538-5629 • VISIT
1111 Alakea Street, Third Floor.