Are there any special rules for parties under the age of 18 in small claims court?
Yes, there are special rules for parties under the age of 18 in small claims court in Hawaii. Any person under the age of 18 who wants to file a claim or defend a claim in small claims court must be represented by an adult. That adult may be a parent, legal guardian, or court-appointed guardian. In addition, the minor must have a court-appointed guardian ad litem appointed to represent them throughout the course of the case. A guardian ad litem is an attorney who is appointed by the court to represent the minor and make sure their best interests are protected. Minors under the age of 18 are also not allowed to present evidence, testify, or make arguments in court without a court-appointed guardian ad litem. The minor must be present at all court hearings or proceedings as their guardian ad litem may not appear on their behalf. In most cases, minors will not be held responsible for paying court costs or fees, but they may be held liable for costs associated with the case. Lastly, small claims court in Hawaii is focused on providing quick and inexpensive resolution to disputes. If the minor is a defendant in the case, the judge may order the case to be dismissed or stayed if the amount of money being claimed is too low to make it worth the minor’s time to appear in court.
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