HRS §636-15
Default judgment rules for jury trials and published notices
This section explains what happens when someone asks for a default judgment. If evidence is needed and the case would have had a jury, the court must allow a jury trial unless it decides otherwise. If a defendant was served by publication and never showed up, the court must require proof of the complaint's claims.
courts
The statute, as written — Default judgments
Upon application for a judgment by default: (1) If the taking of evidence is required or ordered and the matter is one which would have been tried before a jury had there been no default, the court shall accord a right of trial by jury unless the court in its discretion upon motion orders trial without jury on any or all issues. (2) If a defendant served by publication has not appeared in the action, the court shall require proof to be made of the allegations of the complaint.
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