Hawaii lawyer costs and court fees
Short answer
Hawaii has small claims cases up to $5,000, a 2-year personal injury filing deadline, a divorce filing fee of $215.00. Clio does not publish a Hawaii rate; the national average is $349 an hour. Below are the verified court fees, deadlines, fee-cap rules and free-help options, each linked to its official source.
Hawaii legal costs at a glance
| Small claims limit | $5,000 (exclusive of interest and costs)[1][2][3][4][5] |
|---|---|
| Small claims filing fee | $35.00 statement of claim (HRS 633-29). Counterclaim/cross-claim/third-party: $10.00. Jury demand deposit: $200. A judge may waive fees for inability to pay.[1][2][3][4][5] |
| Circuit Court civil filing fee | $315.00 (Civil Actions/Complaints)[6] |
| Divorce filing fee | $215.00 without minor children; $265.00 with minor children[7] |
| Personal injury deadline | 2 years (HRS § 657-7)[8] |
| Attorney fee caps | No fixed percentage cap. HRS § 607-15.5: in tort actions that reach judgment, plaintiff and defendant attorneys' fees are limited to a reasonable amount approved by the court; in settled tort cases either party may ask the court to review its fees.[9] |
| Average lawyer rate | No Hawaii figure published; national average $349/hour[10] |
What lawyers charge in Hawaii
Clio publishes state-level averages for only some states, and Hawaii is not one of them. The national average billed rate in Clio's 2025 data is $349 per hour[10]. We do not publish an invented Hawaii figure: ask two or three local lawyers for their hourly rate and compare it with the national number.
Illustrative budget at $349/hour (not a quote): a 1-hour consultation ≈ $349; a 5-hour document review ≈ $1,745; a 20-hour contested matter ≈ $6,980, before court fees and expenses. Many lawyers quote flat fees for routine work instead; see hourly vs flat fees.
Small claims court in Hawaii
Small claims cases are heard in the District Court, Small Claims Division. You can ask for up to $5,000 (exclusive of interest and costs)[1][2][3][4][5]. Residential security-deposit disputes are not tied to the $5,000 cap, a defendant's counterclaim may go up to $40,000, and punitive damages are not available (HRS 633-27).
- Filing fee: $35.00 statement of claim (HRS 633-29). Counterclaim/cross-claim/third-party: $10.00. Jury demand deposit: $200. A judge may waive fees for inability to pay.
- Serving the other side: Certified/registered mail: plaintiff pays post office fees. Civil process server: service fee plus mileage. Personal service by plaintiff: no cost. Service costs can be added to the judgment.
- Court self-help: Hawaii court self-help resources
See how Hawaii compares with other states in our 50-state small claims table.
Court filing fees
Circuit Court: $315.00 (Civil Actions/Complaints)[6]
Divorce: $215.00 without minor children; $265.00 with minor children[7] Family Court. $215 = $100 filing fee + $65 surcharge + $50 computer system surcharge; with children add a $50 parent education surcharge. Effective 6/17/2022 (Act 91 of 2022). No fee for motions in divorce cases.
If you cannot afford a filing fee, every state lets you ask the court to waive it; the form is usually called a fee waiver or an application to proceed without paying fees. Our divorce cost guide compares filing fees across states.
Deadlines and attorney fee rules
Personal injury filing deadline: 2 years (HRS § 657-7)[8]. Exceptions exist (for example for minors, government defendants and medical claims), so check with a lawyer before the deadline gets close.
Contingency and fee caps: No fixed percentage cap. HRS § 607-15.5: in tort actions that reach judgment, plaintiff and defendant attorneys' fees are limited to a reasonable amount approved by the court; in settled tort cases either party may ask the court to review its fees.[9]
If you disagree with a lawyer's bill: the Hawaii State Bar Association Fee Dispute Program (voluntary, limited scope) handles fee disputes between clients and lawyers.
Free and low-cost legal help in Hawaii
- Legal aid: Legal Aid Society of Hawaiʻi. Programs funded by the Legal Services Corporation generally serve households at or below 125% of the federal poverty guidelines; Hawaii has its own, higher income limits in the 2026 LSC table[11].
- Lawyer referral: HSBA Lawyer Referral & Information Service (LRIS).
- Before you hire: read what consultations cost and options if you can't afford a lawyer.
Frequently asked questions
What is the small claims limit in Hawaii?
$5,000 (exclusive of interest and costs), in the District Court, Small Claims Division. Residential security-deposit disputes are not tied to the $5,000 cap, a defendant's counterclaim may go up to $40,000, and punitive damages are not available (HRS 633-27).
How much does it cost to file a small claims case in Hawaii?
$35.00 statement of claim (HRS 633-29). Counterclaim/cross-claim/third-party: $10.00. Jury demand deposit: $200. A judge may waive fees for inability to pay. Service of the papers usually costs extra.
How long do I have to file a personal injury lawsuit in Hawaii?
Generally 2 years (HRS § 657-7). Exceptions apply, so talk to a lawyer well before the deadline.
How much is the divorce filing fee in Hawaii?
$215.00 without minor children; $265.00 with minor children. Family Court. $215 = $100 filing fee + $65 surcharge + $50 computer system surcharge; with children add a $50 parent education surcharge. Effective 6/17/2022 (Act 91 of 2022). No fee for motions in divorce cases. You can ask the court to waive fees if you cannot afford them.
What can I do if I think my Hawaii lawyer overcharged me?
Ask the lawyer for an itemized bill first. If that does not resolve it, the Hawaii State Bar Association Fee Dispute Program (voluntary, limited scope) handles fee disputes between clients and lawyers.
Sources
- Hawaii State Judiciary, Small Claims (checked October 11, 2026)
- Hawaii District Court Fee Schedule (checked October 11, 2026)
- Hawaii State Judiciary, Small Claims Brochure (checked October 11, 2026)
- HRS §633-27 (checked October 11, 2026)
- HRS §633-29 (checked October 11, 2026)
- Hawaii State Judiciary, Civil Filing Fees (checked October 11, 2026)
- Hawaii Family Court Fees (checked October 11, 2026)
- HRS §657-7 (checked October 11, 2026)
- HRS §607-15.5 (checked October 11, 2026)
- Clio, Compare Lawyer Rates (2025 Legal Trends data) (checked October 11, 2026)
- Federal Register: LSC income guidelines (2026) (checked October 11, 2026)