There are actually several hearings that you may need to attend, depending on whether or not both parties show up for the hearings.
FIRST HEARING: The Answer Date
The date of your hearing will be on the back of the Summons form. The date will depend on when the packet was served on your landlord/landlord's attorney. If you can't figure out when the hearing date is, you can call the District Court clerk and ask them for your hearing date. Be sure to show up and be on time or your complaint will probably be dismissed and you will have to start this process over again.
What happens at your answer date depends on what island you are on.
ALL DIVISIONS EXCEPT FOR HONOLULU
(if the top left corner of your court form does NOT have Honolulu as your division)
At the Answer Date, the judge will ask whether or not the Defendant (your landlord) agrees or does not agree to the information you put in the Complain for Damages form.
If your landlord does not show up or agrees to the complaint, you will win this hearing and can collect the damages if your landlord does not appeal the decision. Skip to Step 8 to find out what you need to do next.
If your landlord does not agree to the complaint, the judge will probably order you and your landlord to go through mediation to try and work out an agreement. This mediation can occur on the same day as this hearing OR can be planned for a later date.
If you cannot come to an agreement in mediation, the judge will set a Trial Date. The judge will also give you a deadline to exchange exhibits before the Trial. This means that you will need to collect evidence before the Trial Date and give copies of your evidence to your landlord/landlord's attorney by the deadline given by the judge.
HONOLULU DIVISION ONLY
(top left corner of your court forms has Honolulu as your division)
At the answer date, the judge will simply ask whether or not the Defendant (your landlord) agrees or does not agree to the information you you put in the Complaint for Damages form.
If your landlord doesn't show up OR agrees to the complaint, you will win this hearing and can collect the damages if your landlord does not appeal the decision. Skip to Step 8 to find out what you need to do next.
If your landlord does not agree to the complaint, the judge will set another hearing to decide who wins. In Honolulu only, there is a Pre-Trial date scheduled after the Answer Date. The Pre-Trial is usually held on the Monday after your Answer date. So, generally, whether or not your Answer Date is on Monday or Friday, your Pre-Trial will be held on the following Monday.
Pre-Trial Hearing for Honolulu Division Only:
This hearing is not like a normal hearing in front of a judge. The main purpose of this hearing is for both sides to try and reach a settlement agreement. Both you and your landlord need to check in with the clerk when you get to this hearing. The clerk will call you both in for mediation when a mediator is available. You and your landlord will be given 20 minutes to try and reach a settlement agreement. After 20 minutes, you and your landlord will meet the judge and tell the judge if you could reach a settlement.
If you reached a settlement, this will probably be the last hearing on this Complaint for Damages.
If you could NOT reach a settlement, the judge will set a Trial Date. You need to tell the judge and your landlord/landlord's attorney the names of all the people you will be calling as witnesses. The judge will also give you a deadline date to exchange exhibits before the Trial. This menas that you will need to collect evidence before the Trial Date and give copies of your evidence to your landlord/landlord's attorney by the deadline given by the judge.