This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Hawaii 10% Rule for Pre-Offer and Post-Offer Damages

In Hawaii, the split of pre-offer and post-offer damages is governed by the 10% rule under Haw. R. Civ. P. 68. If a defendant makes a formal settlement offer that the plaintiff rejects, and the plaintiff later recovers a judgment less favorable than the offer, the plaintiff cannot recover costs incurred after the offer was made. Instead, the defendant is entitled to recover its own post-offer costs from the plaintiff. Additionally, the plaintiff’s pre-offer damages remain recoverable, but post-offer damages are subject to a 10% reduction unless the judgment exceeds the offer. The worked example below illustrates this calculation. Use DocketMath’s calculator to estimate the split for your specific case.

Governing authority

In Hawaii, the pre post offer damages split rule is set by Haw. R. Civ. P. 68. The verified packet cites Haw. R. Civ. P. 68 (https://www.courts.state.hi.us/docs/court_rules/rules/hrcp.htm#Rule_68).

Hawaii pre post offer damages split: the verified value is 10% under Haw. R. Civ. P. 68. The verified packet cites Haw. R. Civ. P. 68 (https://www.courts.state.hi.us/docs/court_rules/rules/hrcp.htm#Rule_68).

Estimate your own result: every situation has exceptions that can change the outcome. Use the pre post offer damages split calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.