What are the rules for filing a counterclaim?

A counterclaim is a legal claim that is filed when a person files suit alleging that the defendant has caused them harm. In Hawaii, there are certain rules that must be followed when filing a counterclaim. First, the counterclaim must be delivered to the court and served on the opposing party. This can be done either electronically or by mail. The counterclaim must include a statement of facts that support the counterclaim, as well as the legal basis for the claim. Second, the counterclaim must be file-stamped within 30 days of receipt of the original complaint. This is known as the “responsive pleading,” and it sets the deadline for filing a counterclaim. Third, the counterclaim must include a copy of the original complaint, as well as a demand for a jury trial, if one is desired. All allegations must be made in the counterclaim. Fourth, the counterclaim must be verified, or sworn to, by the plaintiff. This means that the plaintiff must sign an affidavit confirming the truth of the allegations. Finally, the counterclaim must be served on the opposing party. This means that the plaintiff must ensure that the defendant has received a copy of the counterclaim. These are the rules for filing a counterclaim in Hawaii. It is important to make sure that all of these rules are followed in order to ensure a successful filing.

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