Rule 8 - Answer and Appearance(a) Generally. A defendant receiving a notice of infraction shall answer within twenty-one (21) calendar days of the date the notice of infraction was issued. (b) Nature and Content of Answer. A defendant may answer the notice of infraction by: (1) Paying the total amount of monetary sanctions, consisting of the monetary assessment and costs and fees, if any, indicated on the notice of infraction; or (2) Denying the infraction and requesting a hearing to contest the allegations, then appearing in person at the hearing or submitting a written statement in lieu of appearing in person at the hearing; or (3) Admitting the infraction and requesting a hearing to explain any mitigating circumstances, then appearing in person at the hearing or submitting a written statement in lieu of appearing in person at the hearing. (c) No Joinder or Counterclaim May Be Filed. Proceedings pursuant to these rules shall not be joined with any unrelated action, nor shall a defendant be allowed to file a counterclaim. (d) Method of Answer. A defendant may answer a notice of infraction either in person or in writing within twenty-one (21) calendar days of the date the notice of infraction was issued. If the answer is mailed, it must be postmarked within twenty-one (21) calendar days of the date the notice of infraction was issued. (e) Failure to Answer. If the defendant fails to answer the notice of infraction either in person or in writing within twenty-one (21) calendar days of the date the notice of infraction was issued, the court shall thereafter enter default judgment in favor of the State. If a defendant has tendered payment by personal check and the personal check is dishonored, said defendant will be deemed not to have answered and default judgment shall be entered in favor of the State. (f) Appearance. (1) Appearance and Refusal. A defendant who appears before the court either in person or in writing and refuses to enter or fails to provide an answer to the notice of infraction that admits, denies or admits with an explanation of mitigating circumstances shall be deemed to have denied commission of the infraction. (2) Appearance by Defendant Through Attorney. A defendant may appear, answer and have judgment entered through an attorney who is duly licensed to practice law in the courts of the State of Hawai'i. The attorney may file an answer on behalf of the defendant within twenty-one (21) calendar days of the date the notice of infraction was issued and/or appear in person at any hearing scheduled on the infraction. The court may, in its discretion, require the physical presence of the defendant at any stage of the proceeding not otherwise required by these rules. (3) Mandatory Court Appearances. The court may require a defendant to appear in person at a hearing in any case; however, the court shall require a defendant to appear in person for the hearing if: (i) the judgment will result in revocation or suspension of the defendant's driving privileges as provided for in HRS § 286-125;or(ii) the infraction(s) involve/involves an accident resulting in personal injury or property damage; and (iii) the infraction(s) is/are committed in the same course of conduct as a criminal offense for which the defendant is arrested or charged. Amended December 8, 2005, effective 1/1/2006; further amended December 12, 2005, effective 1/1/2006.