[DRAFT] STATE COURT ANSWER – GENERAL DENIAL

(Hawai‘i)

[// GUIDANCE: 1) This template tracks the Hawai‘i Rules of Civil Procedure (“HRCP”).
2) Bracketed items MUST be completed or removed before filing.
3) If the Complaint is verified, add a Verification at the end (HRCP 11(b)).]

TABLE OF CONTENTS

1. Document Header / Caption
2. Preliminary Statement & Reservation of Rights
3. Answer – General Denial
4. Affirmative Defenses
5. Counterclaims / Cross-Claims (Placeholder)
6. Prayer for Relief
7. Attorney Certification (HRCP 11)
8. Certificate of Service
9. Verification (if required)

1. DOCUMENT HEADER / CAPTION

IN THE CIRCUIT COURT OF THE [FIRST/SECOND/THIRD/FIFTH] CIRCUIT
STATE OF HAWAI‘I

[PLAINTIFF NAME], ) CIVIL NO. [_]
Plaintiff, ) (Nature of Action: [e.g., Tort])
)
vs. ) DEFENDANT [_]’S
) ANSWER TO COMPLAINT;
[DEFENDANT NAME], ) AFFIRMATIVE DEFENSES;
Defendant. ) [COUNTERCLAIM/CROSS-CLAIM];
) CERTIFICATE OF SERVICE

Effective Date: Upon filing.
Governing Procedural Law: Hawai‘i Rules of Civil Procedure (HRCP).
Forum: State Circuit Court, Hawai‘i.

2. PRELIMINARY STATEMENT & RESERVATION OF RIGHTS

1. Defendant [DEFENDANT NAME] (“Defendant”) appears solely to respond as required by HRCP 8 & 12 and reserves all rights, including without limitation the right to:
   a. Move to dismiss under HRCP 12(b);
   b. Demand a jury trial under HRCP 38; and
   c. Amend this pleading as of right within 20 days after service (HRCP 15(a)), or thereafter by leave of Court.

[// GUIDANCE: Hawai‘i’s deadline to answer is 20 days after service of the Summons & Complaint. See Haw. R. Civ. P. 12(a)(1).]

3. ANSWER – GENERAL DENIAL

Pursuant to HRCP 8(b), Defendant denies each and every allegation of the Complaint, including all causes of action and claims for relief, except those expressly admitted herein:

1. Paragraph __ of the Complaint: Admitted.
2. Paragraph __ of the Complaint: Denied for lack of knowledge or information sufficient to form a belief, and therefore denied.
3. All remaining allegations not specifically admitted are hereby denied.

[// GUIDANCE: If paragraph-by-paragraph responses are required by local practice or judicial preference, insert them above. Otherwise the “short and plain” general denial is sufficient under HRCP 8(b).]

4. AFFIRMATIVE DEFENSES

Without admitting any burden of proof, and preserving the right to assert additional defenses as discovery progresses, Defendant alleges the following affirmative defenses pursuant to HRCP 8(c):

1. Failure to State a Claim – HRCP 12(b)(6).
2. Statute of Limitations.
3. Laches.
4. Waiver.
5. Estoppel (Equitable and/or Collateral).
6. Accord and Satisfaction.
7. Payment and Release.
8. Offset and Recoupment.
9. Failure to Mitigate Damages.
10. Comparative/Contributory Negligence.
11. Assumption of Risk.
12. Unclean Hands.
13. Lack of Standing.
14. Lack of Capacity.
15. Failure to Join Indispensable Party – HRCP 19.
16. Consent.
17. Privilege (Absolute and Qualified).
18. Immunity (Statutory or Common-Law).
19. Arbitration and Award (if later discovered despite metadata indicating N/A).
20. Reservation of Additional Defenses – Defendant expressly reserves all defenses that may arise upon further investigation and discovery.

[// GUIDANCE: Delete any defenses that clearly do not apply; add others that are case-specific.]

5. COUNTERCLAIMS / CROSS-CLAIMS (PLACEHOLDER)

Pursuant to HRCP 13(a)–(g), Defendant asserts the following:

A. Compulsory Counterclaims: [None at this time / Insert claims].
B. Permissive Counterclaims: [None at this time / Insert claims].
C. Cross-Claims Against Co-Defendants: [None at this time / Insert claims].

[// GUIDANCE: Under HRCP 13, compulsory counterclaims not raised are waived. Insert any existing claims or state “None at this time; Defendant reserves the right to seek leave to amend.”]

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss the Complaint with prejudice;
2. Enter judgment in favor of Defendant and against Plaintiff;
3. Award Defendant costs and reasonable attorneys’ fees as allowed by law; and
4. Grant such other and further relief as the Court deems just and proper.

7. ATTORNEY CERTIFICATION (HRCP 11)

I certify that, after reasonable inquiry, the foregoing is well-grounded in fact and law and is not interposed for any improper purpose.

Dated: [City], Hawai‘i, [Date].

[ATTORNEY NAME]
Attorney for Defendant [__]
Hawai‘i Bar No. [____]
[Address]
[Telephone] | [Email]

8. CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Answer was duly served on the following on [Date] by [☐ hand delivery ☐ U.S. Mail ☐ email ☐ JEFS*]:

• [PLAINTIFF COUNSEL NAME], Esq.
[Law Firm]
[Address]
[Email]

Dated: [City], Hawai‘i, [Date].

[ATTORNEY NAME]
*JEFS = Judiciary Electronic Filing and Service (Hawai‘i Judiciary Electronic Filing System).

9. VERIFICATION (Use ONLY if the Complaint is verified)

STATE OF HAWAI‘I )
) SS.
COUNTY OF ____ )

I, [DEFENDANT NAME], being first duly sworn, depose and say that I am the Defendant named herein; I have read the foregoing Answer and know the contents thereof; and the same are true to the best of my knowledge, information, and belief.

[DEFENDANT NAME]

Subscribed and sworn to before me
this ___ day of ____, 20__.

Notary Public, State of Hawai‘i
My commission expires: ______

END OF DOCUMENT

[// GUIDANCE: Review local circuit court rules for formatting (e.g., margins, font, page limits). Remove guidance comments before filing.]