Can I request a trial by written declaration in small claims court?
In Hawaii, you can generally request a trial by written declaration in small claims court. A trial by written declaration is an alternative to an in-person court hearing. Instead of appearing in court, both parties submit written statements, affidavits, and other evidence to the court. The judge reviews all the evidence and renders a decision in writing. To request a trial by written declaration in small claims court, you must follow the Hawaii Small Claims Rules of Practice. The court clerk will provide you with a form to complete. You must fill out the form and file it with the court clerk along with any evidence you wish to present. The other party must also complete the same form and provide any evidence they wish to submit. Then, both parties must provide each other with copies of their completed forms. Once both parties have submitted their documents, the judge will review all of the evidence and render a decision without the need for an in-person hearing. However, if the court finds that a trial by written declaration would be improper in a given case, the court can instead order an in-person hearing. In conclusion, you can request a trial by written declaration in small claims court in Hawaii, as long as it is deemed appropriate by the court.
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