Haw. Dis. Ct. R. Civ. P. 55

As amended through September 30, 2024

Rule 55 - Default

(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 the fact is made to appear by affidavit or otherwise, the clerk shall enter that party's default.

COMMENTS:

Adopts HRCP Rule 55(a) with changes to gender neutral language.

(b) Judgment. Judgment by default may be entered as follows:

(1) By the clerk. When the plaintiff's claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon a verified complaint, subsequent verification, or affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to appear and if the defendant is not an infant or incompetent person.

COMMENTS:

Adopts HRCP Rule 55(b)(1) with changes to gender neutral language. While there is no real difference in the two different phrases used, HRCP Rule 55(b)(1) is adopted for consistency. In addition, a verification is as effective as an affidavit to attain a judgment.

(2) By the court. In all other cases the party entitled to a judgment by default shall apply to the court therefor. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings as it deems necessary and proper.

COMMENTS:

Not changed. In this particular instance, this committee has chosen to adopt DCRCP Rule 55(b)(2) instead of HRCP Rule 55(b)(2). This is contrary to the general philosophy of these revisions to bring uniformity to the two sets of rules of civil procedure. However, this committee notes that many more civil matters are defaults in District Court than in Circuit Court because of the lower jurisdictional amounts and the use of the District Court by businesses and collection agencies for collection matters. This committee has therefore concluded that the adoption of HRCP Rule 55(b)(2) into DCRCP Rule 55(b)(2) would entail considerably more paperwork for the District Court civil staff and would result in much more cost in the smaller amount cases.

(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).

When a motion to set aside either an entry of default or a judgment by default is denied, the court in denying the motion may award to the non-defaulting party those reasonable attorney's fees incurred to defend the motion.

COMMENTS:

The committee would amend the rule to allow an award of reasonable attorney's fees to a party that successfully defends against a motion to set aside default and/or default judgment. This is to clarify the case law to allow such award, and to make clear that such award is limited to those cases where the movant failed. The committee considers an award of attorney's fees particularly appropriate where the motion is defeated, considering the liberal standard that the law applies to setting aside such defaults.

(d) Claims. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a crossclaim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54(c).

COMMENTS:

Adopts HRCP Rule 55(d) with changes to gender neutral language. While there is no real difference in the two different phrases used, HRCP Rule 55(d) is adopted for consistency.

(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 the claimant's claim or right to relief by evidence satisfactory to the court.

COMMENTS:

No changes.

(f) Dismissal for want of prosecution in default cases. Dismissal for want of prosecution in default cases is governed by Rule 29 of the Rules of the District Court of the State of Hawai'i.

Haw. Dis. Ct. R. Civ. P. 55

COMMENTS:

Adds new section (f) to include a cross-reference to the applicable District Court Rule.