How do I file a motion to have a case heard in small claims court?

In Hawaii, filing a motion to have a case heard in small claims court can be done by submitting a “Small Claims Complaint” form. This form can be found online at the Hawaii Judiciary website. The form should be filled out completely and signed in front of a notary public. The form must include the amount being asked for, the name of the defendant, the address, and the nature of the claim. Once the form is completed, the plaintiff must then submit it to the clerk’s office of the district court where the defendant lives. The clerk will then provide the plaintiff with a court date for the hearing. Before the hearing, the defendant should be served with a summons by a process server, or the plaintiff can hand-deliver it. The purpose of the summons is to inform the defendant of the court date. On the day of the hearing, the plaintiff will be required to provide proof of the claim and any other relevant evidence. After hearing all the evidence, the judge will make a ruling on the case and both parties will be given written notification of the ruling. It is important to note that the plaintiff must be prepared to present a case that is within the jurisdiction of a small claims court. The judge may deny the motion to have a case heard if he or she determines that the case is too complex and should be heard in a higher court.

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