Haw. Rev. Stat. § 635-12 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-12
No jury, when.
Status: in_force

(a) When there is no right of trial by jury, or the right has been waived, the issues shall be determined by the judge without the intervention of a jury.

(b) Whenever provision is made by statute for trial without the intervention of a jury, the same shall not be deemed to preclude trial of an issue with an advisory jury, or trial by jury by consent of the parties.

(c) Whenever a statute provides for waiver of a jury, the same shall not be deemed to preclude trial by jury when, in accordance with the rules of court:

(1) An order of the court relieves a party from the party's waiver; or

(2) Approval of or consent to the waiver is required in a criminal case and has not been given. [L 1892, c 57, §40; RL 1925, §2250; RL 1935, §3646; RL 1945, §9650; RL 1955, §215-20; HRS §635-12; am L 1972, c 89, §2B(b); gen ch 1985; am L 2016, c 55, §29]
Haw. Rev. Stat. § 634J-1 — HI Code / Division 4 / Title 34 / Chapter 634J / Section 634J-1
Definitions.
Status: in_force

Unless otherwise clear from the context, as used in this chapter:

"Defendant" means a person (including a corporation, association, partnership, firm, or governmental entity) against whom litigation is brought or maintained, or sought to be brought or maintained.

"In propria persona" means on the person's own behalf acting as plaintiff.

"Litigation" means any civil action or proceeding, commenced, maintained, or pending in any state or federal court of record.

"Plaintiff" means the person who commences, institutes or maintains litigation or causes it to be commenced, instituted, or maintained, including an attorney at law acting on the attorney's own behalf.

"Security" means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party's reasonable expenses, including attorney's fees, and not limited to taxable costs incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant.

"Vexatious litigant" means a plaintiff who does any of the following:

(1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five civil actions other than in a small claims court that have been:

(A) Finally determined adversely to the plaintiff; or

(B) Unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing;

(2) After litigation has been finally resolved against the plaintiff, relitigates or attempts to relitigate in propria persona and in bad faith, either:

(A) The validity of the determination against the same defendant or defendants as to whom the litigation was finally determined; or

(B) The cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined;

(3) In any litigation while acting in propria persona, files, in bad faith, unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay; or

(4) Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence. [L 1993, c 124, pt of §1]
Haw. Rev. Stat. § 636-4 — HI Code / Division 4 / Title 34 / Chapter 636 / Section 636-4
Examination of judgment debtors and others.
Status: in_force

Any creditor who has obtained a judgment in any court, or the creditor's successor in interest when that interest appears of record, may apply to the court for the issuance of orders, summons, or subpoenas, in order that the judgment debtor, and any other person having any knowledge about the affairs or property of the judgment debtor, may be examined orally before, or as directed by, a judge of the court as to any and what property the debtor owns or has an interest in and what debts are owing to the debtor, and the court may issue such orders, summons, or subpoenas, for the examination of the judgment debtor and any other person having any knowledge about the affairs or property of the judgment debtor, and for the production of any books or documents. The examination shall be conducted in the same manner as in the case of an oral examination of witnesses. If the court finds that the judgment debtor subsequent to the entry of judgment has wilfully concealed any of the judgment debtor's property or any interest therein the court shall tax all costs of the examination against the defendant, which shall be paid when the judgment is satisfied, in whole or in part, as a cost of execution.
Haw. Rev. Stat. § 633-29 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-29
Fees and costs; waiver.
Status: in_force

The fee for issuing summons and copies, trial, judgment, and satisfaction in an action in the small claims division of the district court shall be not more than $35. Other fees shall be as prescribed by statute or rule of court. The judge may waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satisfactory evidence of the plaintiff's inability to pay the costs.
Haw. Rev. Stat. § 634-28 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-28
Form of judgment.
Status: in_force

The judgment rendered in such a cause shall be in form a personal judgment against the defendant or defendants, but shall not be valid, except for the purpose of the issuance of the levy of execution and of sale upon the property so attached.
Haw. Rev. Stat. § 636-1 — HI Code / Division 4 / Title 34 / Chapter 636 / Section 636-1
§§636-1 and 636-2 REPEALED.
Status: repealed

§§636-1 and 636-2 REPEALED. L 1972, c 89, §3(e).
Haw. Rev. Stat. § 636-3 — HI Code / Division 4 / Title 34 / Chapter 636 / Section 636-3
Judgment, orders, decrees; lien when.
Status: in_force

Any money judgment, order, or decree of a state court or the United States District Court for the District of Hawaii shall be a lien upon real property when a copy thereof, certified as correct by a clerk of the court where it is entered, is recorded in the bureau of conveyances. No such lien shall continue beyond the length of time the underlying judgment, order, or decree is in force. Except as otherwise provided, every judgment shall contain or have endorsed on it the Hawaii tax identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment, order, or decree is rendered. If the debtor has no social security number, Hawaii tax identification number, or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, order, or decree, the judgment, order, or decree shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking recordation of the judgment. Failure to disclose or disclosure of an incorrect social security number, Hawaii tax identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon recordation of the judgment, order, or decree. When any judgment, order, or decree is fully paid, the creditor or the creditor's attorney of record in the action, at the expense of the debtor, shall execute, acknowledge, and deliver to the debtor a satisfaction thereof, which may be recorded in the bureau. Every satisfaction or assignment of judgment, order, or decree shall contain a reference to the book and page or document number of the registration of the original judgment. The recording fees for a judgment, order, or decree and for each assignment or satisfaction of judgment, order, or decree shall be as provided by section 502-25.

In the case of registered land, sections 501-241 to 501-248 and part II of chapter 501 shall govern.

The party seeking to record or register a judgment, order, or decree shall redact the first five digits of any social security number by blocking the numbers out on the copy of the judgment, order, or decree to be recorded or registered. [L 1913, c 32, §1; RL 1925, §2435; am L 1929, c 27, §2; RL 1935, §4133; am L 1939, c 15, §1; RL 1945, §10134; am L 1947, c 158, §2; RL 1955, §232-4; am L 1966, c 33, §6; HRS §636-3; am L 1972, c 89, §3(a); gen ch 1985; am L 1989, c 47, §16; am L 1990, c 203, §5; am L 1998, c 219, §15; am L 2006, c 155, §1; am L 2008, c 86, §4; am L 2009, c 5, §4 and c 120, §15; am L 2013, c 119, §10; am L 2014, c 19, §4]
Haw. Rev. Stat. § 635-32 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-32
Segregation during trial.
Status: in_force

It shall not be necessary in any case for any trial jury after having been finally accepted and sworn to try the cause, to be segregated, locked up, or otherwise confined at any time prior to retiring to deliberate upon their verdict; provided that the court may in its discretion order and direct that the trial jury in any case shall be segregated, locked up, or otherwise confined after being finally accepted and sworn to try the cause and until a verdict is arrived at or the jury discharged.
Haw. Rev. Stat. § 634-24 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-24
Service outside the State or by registered mail.
Status: in_force

[(a)] In any case in which, under section 634-23, provision is made for service of summons as provided by this section, personal service shall be made upon the defendant wherever found or the defendant shall be served by registered or certified mail with request for a return receipt and marked deliver to addressee only, as ordered by the court. A certified copy of the order, the summons and the complaint shall be served, and the service shall be evidenced by an affidavit showing that the required papers were sent by registered or certified mail as aforesaid, and by the receipt signed by the defendant and filed with the affidavit, or in the case of personal service by the return of the serving officer or the affidavit of any other person authorized to serve process in the place where the defendant is found or appointed by the court to make the service.

[(b)] The affidavit required by this section shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to satisfy the requirements of this section and any other pertinent facts. [CC 1859, §1104; am L 1903, c 5, §1; RL 1925, §2344; am L 1929, c 43, §2; RL 1935, §4080; RL 1945, §10062; RL 1955, §230-32; HRS §634-60; am L 1972, c 89, §2A(g); ren HRS §634-24; am L 1976, c 183, §2; gen ch 1985]
Haw. Rev. Stat. § 635-27 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-27
Examination for cause.
Status: in_force

Each party shall have the right, under the direction of the court, to examine a proposed juror as to the proposed juror's qualifications, interest, or bias that would affect the trial of the cause and as to any matter that might tend to affect the proposed juror's verdict. Each party may introduce competent evidence to show the disqualification, interest, or bias of any juror.
Haw. Rev. Stat. § 634-25 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-25
Personal service on resident outside the State.
Status: in_force

[(a)] Whenever a defendant, being a resident of the State, cannot be served within the State[,] personal service may be made upon the defendant outside the State by any person authorized to serve process in the place in which the defendant may be found or specially appointed by the court to make the service[,] which service shall be evidenced by the return of the serving officer or by affidavit and shall be of the same legal force and validity as if made within the State.

[(b)] The affidavit required by this section shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to satisfy the requirements of this section and any other pertinent facts. [L 1972, c 89, §2A(h); HRS §634-60.5; ren HRS §634-25; am L 1976, c 183, §3; gen ch 1985]
Haw. Rev. Stat. § 634J-3 — HI Code / Division 4 / Title 34 / Chapter 634J / Section 634J-3
Hearing procedure.
Status: in_force

At the hearing upon the motion for security the court shall consider material evidence, written or oral, by witnesses or affidavit. No determination made by the court in determining or ruling upon the motion shall be, or be deemed to be, a determination of any issue in the litigation or of the merits of the litigation.
Haw. Rev. Stat. § 634-26 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-26
Form of published notice.
Status: in_force

The published notice provided for by section 634-23 shall be in the form of a summons, without a caption but referring to the complaint or petition, stating briefly the object of the action or proceeding[,] with a brief description of the property involved, and calling upon the persons to whom it is addressed to plead on or before a return day stated in the notice.
Haw. Rev. Stat. § 634-31 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-31
Same; nonresidents; service.
Status: in_force

The transaction of any acts, business, or activities within the State by any officer, agent, representative, employee, or member of any such association having officers, agents, members, or property without the State, on behalf of such association, or any of its members or affiliated local associations, shall subject the association and its members to the jurisdiction of the courts of this State in any action or proceeding against or involving the association growing out of the acts, business, or activities within the State giving rise to any cause of action, and the acts, business, or activities shall be a signification of the agreement of the association and its members that any legal process or notice in any action, matter, or proceeding against or involving it, which is served shall be of the same legal force and validity as if served upon the association and its members personally. Service of such process or notice shall be made by registered mail to the association at its last known address and an affidavit of compliance with this section shall be filed with the court or other state agency or department before which the action, matter, or proceeding is pending. The filing shall be deemed service upon the association and its members twenty days after the filing. [L Sp 1949, c 4, §2; RL 1955, §230-40; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §634-67; am L 1972, c 89, §2A(k); ren HRS §634-31; am L 1983, c 153, §4; am L 1984, c 209, §1]
Haw. Rev. Stat. § 635-16 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-16
REPEALED.
Status: in_force

L 1972, c 89, §2B(n).
Haw. Rev. Stat. § 634-13 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-13
Questions of law; submission to supreme court.
Status: in_force

In all cases of interpleader proceedings where the question is one of law and the facts are not in dispute, the judge shall be at liberty at the judge's discretion to decide the question without directing an action or issue, and (if the judge shall think it desirable) to order that a special case be stated for the opinion of the supreme court, and the proceedings upon such case shall (as nearly as may be) be the same as upon a submission to the court according to law.
Haw. Rev. Stat. § 634J-5 — HI Code / Division 4 / Title 34 / Chapter 634J / Section 634J-5
Dismissal on failure to post security.
Status: in_force

When security that has been ordered is not furnished, the litigation shall be dismissed with prejudice as to the defendant for whose benefit it was ordered.
Haw. Rev. Stat. § 634-37 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-37
Presumption of notice and service of process in child support cases.
Status: in_force

Whenever notice and service of process is required for child support enforcement proceedings subsequent to an order issued pursuant to chapter 571, 576B, 576E, 580, or 584A, upon a showing that diligent effort has been made to ascertain the location of a party, notice and service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry pursuant to section 571-52.6.
Haw. Rev. Stat. § 633-36 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-36
Forms and public information.
Status: in_force

For the more effective carrying out of this chapter, the chief justice, as administrative head of the judiciary department, shall cause to be published a booklet or pamphlet describing, in language readily understandable by a layperson, the procedures of the small claims division of the district court, the remedies available upon judgment in the small claims division of the district court and such other information as will facilitate the utilization of the small claims procedure and shall also cause to be made and printed such standardized forms as may be utilized throughout the small claims procedure prior to, upon and after judgment.
Haw. Rev. Stat. § 635-4 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-4
REPEALED.
Status: in_force

L 1972, c 89, §2B(n).
Haw. Rev. Stat. § 636C-4 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-4
Notice of filing.
Status: in_force

(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The failure by the clerk to mail notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. [L 1983, c 31, pt of §1]
Haw. Rev. Stat. § 635-14 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-14
Reference.
Status: in_force

In matters within the jurisdiction of circuit courts as set forth in sections 603-21.6 and 603-21.7, and in civil actions not within such jurisdiction if so provided by statute or rule of court, a reference to a master may be ordered. [CC 1859, §§1137, 1138; am L 1909, c 23, §2 and c 117, §1; am L 1913, c 72, §1; RL 1925, §§2369, 2370; RL 1935, §§4101, 4102; RL 1945, §§10106, 10107; RL 1955, §§231-6, 231-7; HRS §635-14; am L 1972, c 89, §2B(d)]
Haw. Rev. Stat. § 632-3 — HI Code / Division 4 / Title 34 / Chapter 632 / Section 632-3
Further relief upon judgment.
Status: in_force

Further relief based on a declaratory judgment may be granted whenever necessary or proper, after reasonable notice and hearing, against any adverse party whose rights have been adjudicated by the judgment.
Haw. Rev. Stat. § 633-8 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-8
Order to show cause.
Status: in_force

Upon the filing of a complaint with a copy of a lease or rental contract and an affidavit sworn to by the plaintiff or some competent affiant setting forth a statement of facts sufficient to show that the leased or rented personal property has been in the defendant's possession at least fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the court may issue an order directing the defendant to either return the leased or rented personal property to the plaintiff or to appear and show cause for the possession at such time as the court shall direct, but no later than five days from the date of service of the order to show cause. The order to show cause shall also provide that, if the leased or rented personal property is not returned to the plaintiff before the hearing, the defendant shall, if reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the satisfaction of the court that the plaintiff is entitled to possession of the leased or rented personal property, it shall issue an order directed to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 commanding the sheriff, deputy sheriff, police officer, or independent civil process server to seize the personal property therein described and to deliver the same to the plaintiff or the plaintiff's agent. Service of the order to show cause shall be as provided by law or rule of court for cases in the district courts, or by registered mail or by certified mail with return receipt showing delivery within the circuit.
Haw. Rev. Stat. § 635-13 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-13
Jury, when of right.
Status: in_force

When the right of trial by jury is given by the Constitution or a statute of the United States or this State and the right has not been waived, the case shall be tried with a jury. [CC 1859, §1130; am L 1909, c 23, §1; RL 1925, §2367; RL 1935, §4098; RL 1945, §10108; RL 1955, §231-8; HRS §635-13; am L 1972, c 89, §2B(c)]
Haw. Rev. Stat. § 634J-7 — HI Code / Division 4 / Title 34 / Chapter 634J / Section 634J-7
Vexatious litigant; prefiling order prohibiting filing of new litigation.
Status: in_force

(a) In addition to any other relief provided in this chapter, the court, on its own motion or the motion of any party, may enter a prefiling order which prohibits a vexatious litigant from filing any new litigation in the courts of this State on the litigant's own behalf without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Disobedience of this order by a vexatious litigant may be punished as a contempt of court.

(b) The presiding judge shall permit the filing of litigation only if it appears, after hearing, that the litigation has merit and has not been filed for the purposes of harassment or delay. The presiding judge may condition the filing of the litigation upon the furnishing of security for the benefit of the defendants as provided in section 634J-4.

(c) The clerk shall not file any litigation presented by a vexatious litigant subject to a prefiling order unless the vexatious litigant first obtains an order from the presiding judge permitting the filing. If the clerk mistakenly files the litigation without an order, any party may file with the clerk and serve on the plaintiff and other parties a notice stating that the plaintiff is a vexatious litigant subject to a prefiling order as set forth in subsection (a). The filing of this notice shall automatically stay the litigation. The litigation shall be automatically dismissed unless the plaintiff within ten days of the filing of such notice obtains an order from the presiding judge permitting the filing of the litigation as set forth in subsection (b). If the presiding judge issues an order permitting the filing, the stay of the litigation shall remain in effect, and the defendants need not plead until ten days after the defendants are served with a copy of any such order.

(d) The clerk of the court shall provide the supreme court clerk's office a copy of any prefiling orders issued pursuant to subsection (a). The supreme court clerk's office shall maintain a record of vexatious litigants subject to prefiling orders and shall annually disseminate a list of vexatious litigants to the clerks of the courts of this State. [L 1993, c 124, pt of §1]
Haw. Rev. Stat. § 636-15 — HI Code / Division 4 / Title 34 / Chapter 636 / Section 636-15
Default judgments.
Status: in_force

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. [L 1972, c 89, §3(d)]
Haw. Rev. Stat. § 634J-6 — HI Code / Division 4 / Title 34 / Chapter 634J / Section 634J-6
Motion as stay of proceedings.
Status: in_force

When a motion pursuant to section 634J-2 is filed prior to trial, the litigation is stayed, and the moving defendant need not plead until ten days after the motion shall have been denied, or if granted, until ten days after the required security has been furnished and the moving defendant has been given written notice. When a motion pursuant to section 634J-2 is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine.
Haw. Rev. Stat. § 634-33 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-33
Service in cases of operation of motor vehicles.
Status: in_force

[(a)] The use and operation by any person, whether a resident or a nonresident of the State, of any motor vehicle upon a public highway in this State shall subject the person to the jurisdiction of the courts of this State in any action or proceeding against the person growing out of any accident or collision in which the person and the motor vehicle so used and operated may be involved. The use and operation of the motor vehicle is deemed a signification of the person's agreement that any summons against the person which is served is of the same legal force and validity as if served upon the person personally within this State, whether the person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. Service of such summons is to be made as provided by section 634-36, if the defendant cannot be found in the State.

[(b)] This section shall not be construed as repealing or amending any other provision of law relating to the service of process nor as establishing an exclusive method of service of process in cases to which this section may apply. [L 1953, c 167, §§1, 2; RL 1955, §230-33; am L 1959, c 15, §1; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; am L 1965, c 86, §1; HRS §634-69; am L 1972, c 89, §2A(l); ren HRS §634-33; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §2; gen ch 1985]
Haw. Rev. Stat. § 632-4 — HI Code / Division 4 / Title 34 / Chapter 632 / Section 632-4
§§632-4 and 632-5 REPEALED.
Status: repealed

§§632-4 and 632-5 REPEALED. L 1972, c 89, §1(f).
Haw. Rev. Stat. § 633-30 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-30
Counterclaim; retention of jurisdiction.
Status: in_force

When the limit of the district court as provided by section 633-27 is exceeded in a counterclaim but within the jurisdictional limit of the court as provided by section 604-5, the action shall nevertheless remain in the small claims division of the district court and be tried therein in its entirety; provided that the district court having jurisdiction over a civil action involving summary possession shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute between landlord and tenant in a residential landlord-tenant relationship.
Haw. Rev. Stat. § 635-3 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-3
Dismissal for want of prosecution.
Status: in_force

The court may dismiss any action for want of prosecution after due notice to the claimants whenever claimants have failed to bring such action to trial within a period established by rule of court. Prior to dismissal of any action for want of prosecution, a court shall have adopted, promulgated, and published a rule or rules of court providing circumstances in which a claimant may seek relief from the judgment or order and such other safeguards as may be necessary. [CC 1859, §1162; RL 1925, §2391; RL 1935, §4106; am L 1937, c 117, §1; am L 1939, c 145, §1; am L Sp 1941, c 56, §1; RL 1945, §10104; RL 1955, §231-4; HRS §635-3; am L 1972, c 89, §2B(a)]
Haw. Rev. Stat. § 635-28 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-28
Challenging for cause.
Status: in_force

In all cases, any party may challenge for cause any juror drawn for the trial. The court shall determine the validity of the objection urged.
Haw. Rev. Stat. § 632-1 — HI Code / Division 4 / Title 34 / Chapter 632 / Section 632-1
Jurisdiction; controversies subject to.
Status: in_force

[(a)] In cases of actual controversy, courts of record, within the scope of their respective jurisdictions, shall have power to make binding adjudications of right, whether or not consequential relief is, or at the time could be, claimed, and no action or proceeding shall be open to objection on the ground that a judgment or order merely declaratory of right is prayed for; provided that declaratory relief may not be obtained in any district court, or in any controversy with respect to taxes, or in any case where a divorce or annulment of marriage is sought. Controversies involving the interpretation of deeds, wills, other instruments of writing, statutes, municipal ordinances, and other governmental regulations may be so determined, and this enumeration does not exclude other instances of actual antagonistic assertion and denial of right.

[(b)] Relief by declaratory judgment may be granted in civil cases where an actual controversy exists between contending parties, or where the court is satisfied that antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation, or where in any such case the court is satisfied that a party asserts a legal relation, status, right, or privilege in which the party has a concrete interest and that there is a challenge or denial of the asserted relation, status, right, or privilege by an adversary party who also has or asserts a concrete interest therein, and the court is satisfied also that a declaratory judgment will serve to terminate the uncertainty or controversy giving rise to the proceeding. Where, however, a statute provides a special form of remedy for a specific type of case, that statutory remedy shall be followed; but the mere fact that an actual or threatened controversy is susceptible of relief through a general common law remedy, a remedy equitable in nature, or an extraordinary legal remedy, whether such remedy is recognized or regulated by statute or not, shall not debar a party from the privilege of obtaining a declaratory judgment in any case where the other essentials to such relief are present. [L 1921, c 162, §1; RL 1925, §2918; RL 1935, §4220; RL 1945, §9971; am L 1945, c 74, §1; RL 1955, §228-1; HRS §632-1; am L 1972, c 89, §1(a) to (c); gen ch 1985]

Revision Note

In the second sentence of subsection (a), the comma after "and other governmental regulations" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 635-52 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-52
Scope of argument.
Status: in_force

[(a)] At the close of the evidence (unless the court directs a verdict, or orders entry of a judgment of acquittal), the respective parties, or their counsel, shall be entitled to sum up the facts to the jury. In their addresses to the jury they shall be allowed ample scope and latitude for argument upon, and illustration of[,] any and all facts involved in the cause, and the evidence tending to either prove or disprove the same. They shall not be forbidden to argue the law of the case to the jury, but they shall not assume to instruct the jury upon the law, in such manner as to encroach upon the function of the court to so instruct the jury.

[(b)] In all actions for damages for personal injuries or death the parties or their counsel shall be entitled to argue the extent of damages claimed or disputed in terms of suggested formulas for the computation of damages or by way of other illustration, and shall be entitled to state in argument the amount of damages the party believes appropriate. [L 1892, c 56, §8; RL 1925, §2425; RL 1935, §3741; RL 1945, §10121; RL 1955, §231-21; am L 1967, c 241, §1; HRS §635-52; am L 1972, c 89, §2B(m)]
Haw. Rev. Stat. § 633-11 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-11
§§633-11 to 633-15 REPEALED.
Status: repealed

§§633-11 to 633-15 REPEALED. L 1971, c 144, §§16 to 20.
Haw. Rev. Stat. § 634-23 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-23
Joinder of unknown persons; service when defendant unknown or absent.
Status: in_force

Where an action or proceeding involves or concerns any property, tangible or intangible, within the jurisdiction of a circuit court, or any legal or equitable estate, right or interest, vested or contingent, in any such property, or any status or res within the jurisdiction of a circuit court:

(1) Any person having a claim, interest, or concern so as to be a necessary or proper party, who cannot be identified or whose name is unknown to the plaintiff, may be made party to the action or proceeding as provided by the rules of court;

(2) If a defendant is unknown or does not reside within the State or if, after due diligence, the defendant cannot be served with process within the State, and the facts shall appear by affidavit to the satisfaction of the court, it may order that service be made as provided by section 634-24 or by publication, as may be appropriate; provided that service by publication shall not be valid unless it is shown to the satisfaction of the court that service cannot be made as provided by section 634-24. The affidavit required by this paragraph shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to locate and effect personal service on the defendant and any other pertinent facts;

(3) Service by publication shall be made in at least one newspaper published in the State and having a general circulation in the circuit in which the action or proceeding has been instituted, in a manner and for a time as the court may order, but not less than once in each of four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated therein unless a different time is prescribed by order of the court. If the action or proceeding concerns real property, the court shall order additional notice by posting a copy of the summons upon the property;

(4) Any adjudication, as regards a defendant served by publication pursuant to this section, or served as provided by section 634-24, shall affect only the property, status or res that is the subject of the action, unless the:

(A) Defendant appears in the action and defends on the merits, in which case the defendant shall be liable to a personal judgment with respect to the claim so defended, including in the case of a foreclosure action a deficiency judgment; or

(B) Service is authorized by section 634-25 or other law, in which case the defendant shall be liable to any judgment authorized by that law; and

(5) Nothing in this section limits or affects the right to serve any process in any other manner now or hereafter provided by law or rule of court. [CC 1859, §1103; am L 1909, c 34, §1; RL 1925, §2343; am L 1929, c 43, §1; am L 1931, c 50, §1; RL 1935, §4079; RL 1945, §10061; RL 1955, §230-31; HRS §634-59; am L 1972, c 89, §2A(f); ren HRS §634-23; am L 1976, c 183, §1; gen ch 1985; am L 2016, c 55, §26]
Haw. Rev. Stat. § 634-34 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-34
Service on boat operators.
Status: in_force

[(a)] The operation, navigation, use, or maintenance by any person, whether a resident or nonresident of the State, of any boat, ship, barge, or other watercraft in the navigable waters of the State shall subject the person to the jurisdiction of the courts of this State in any action or proceeding against the person growing out of any accident, collision, or claim for damages in which the person and the boat, ship, barge, or other watercraft may be involved in the navigable waters. The operation, navigation, use, or maintenance is deemed a signification of the person's agreement that any summons against the person which is served is of the same legal force and validity as if served upon the person personally within this State, whether the person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. Service of the summons is to be made as provided by section 634-36, if the defendant cannot be found in the State.

[(b)] This section shall not be construed as repealing or amending any other provision of law relating to the service of process nor as establishing an exclusive method of service of process in cases to which this section may apply. [L 1965, c 172, §1; Supp, §230-33.5; HRS §634-70; am L 1972, c 89, §2A(m); ren HRS §634-34; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §3; gen ch 1985]
Haw. Rev. Stat. § 635-20 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-20
Less than unanimous verdict authorized.
Status: in_force

In all civil cases tried before a jury it shall be sufficient for the return of a verdict if at least five-sixths of the jurors agree on the verdict.
Haw. Rev. Stat. § 634J-4 — HI Code / Division 4 / Title 34 / Chapter 634J / Section 634J-4
Finding; amount of security.
Status: in_force

If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the moving defendant, security in an amount and within a time as the court shall fix.
Haw. Rev. Stat. § 633-33 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-33
Judgment for wages; oral examination; payment.
Status: in_force

When a judgment in an action pursuant to this chapter is founded in whole or in part on a claim for wages or personal services, the court, upon motion of the party obtaining judgment, shall order the appearance of the party against whom the judgment has been entered but not more often than once each week for four consecutive weeks, for oral examination under oath as to the financial status of the party against whom the judgment has been entered and that party's ability to pay the judgment, and the court shall make supplementary orders as seems just and proper to effectuate the payment of the judgment upon reasonable terms.
Haw. Rev. Stat. § 633-21 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-21
§§633-21 to 633-26 REPEALED.
Status: repealed

§§633-21 to 633-26 REPEALED. L 1970, c 182, pt of §1.
Haw. Rev. Stat. § 634-36 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-36
Manner of service under sections 634-33 to 35.
Status: in_force

[(a)] When service of summons is provided for by section 634-33, 634-34, or 634-35, service shall be made by service upon the defendant personally by any person authorized to serve process in the place in which the defendant may be found or appointed by the court for the purpose, or sent by certified, registered, or express mail, postage prepaid, with return receipt requested, by the plaintiff or the plaintiff's attorney to the defendant. The plaintiff or the plaintiff's attorney shall file the return of the serving officer or an affidavit showing that the copy of summons and complaint were served as aforesaid or sent by certified, registered, or express mail as aforesaid, and in the latter case the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon delivery of the required papers to the defendant outside the State, personally or by mail as provided.

[(b)] If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one newspaper published in the State and having a general circulation in the circuit in which the action has been instituted, in such manner and for such time as the court may order, but not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated therein unless a different time is prescribed by order of the court. [L 1972, c 89, §2A(o); HRS §634-72; ren HRS §634-36; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §4; am L 1985, c 68, §29; am L 1987, c 283, §62; am L 1990, c 29, §1]
Haw. Rev. Stat. § 632-2 — HI Code / Division 4 / Title 34 / Chapter 632 / Section 632-2
Appeals.
Status: in_force

Declaratory judgments may be reviewed as other judgments.
Haw. Rev. Stat. § 634-27 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-27
Substituted service of summons in attachment cases.
Status: in_force

In all cases where a writ of attachment is issued out of any court in accordance with chapter 651, relating to attachments, if it appears by affidavit or otherwise to the satisfaction of the judge that the defendant in attachment was never a resident of the State, or has removed therefrom, or that the defendant secretes oneself so that process cannot be personally served upon the defendant, the judge may order that service be made by publication as provided in section 634-23, or in the manner provided in section 634-24, and with like effect. Upon the trial of the cause the defendant thus summoned, if the defendant does not appear, may be declared to be in default, and the court may proceed to hearing and judgment, and may issue execution against the property upon which attachment has been levied.
Haw. Rev. Stat. § 633-27 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-27
District courts; powers.
Status: in_force

(a) All district courts, except as otherwise provided, shall exercise jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court; provided that the jurisdiction of the court when sitting as a small claims division of the district court shall be confined to:

(1) Cases for the recovery of money only where the amount claimed does not exceed $5,000 exclusive of interest and costs, except as provided by section 633‑30;

(2) Cases involving disagreement between landlord and tenant about the security deposit in a residential landlord-tenant relationship; and

(3) Cases for the return of leased or rented personal property worth less than $5,000 where the amount claimed owed for that lease or rental is less than $5,000 exclusive of interest and costs.

This chapter shall not abridge or affect the jurisdiction of the district courts under paragraphs (1) and (3) to determine cases under the ordinary procedures of the court, it being optional with the plaintiff in the cases to elect the procedure of the small claims division of the district court or the ordinary procedures, as provided by rule of court. No case filed in the small claims division after December 31, 1991, shall be removed from the small claims division to be heard under the ordinary procedures of the district court unless the removal is agreed to by the plaintiff. In cases arising under paragraph (2), the jurisdiction of the small claims division of the district court shall be exclusive; provided that the district court, having jurisdiction over a civil action involving summary possession, shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute between landlord and tenant in a residential landlord-tenant relationship. This subsection shall not abrogate or supersede sections 604-5, 633-30, and 633-31.

(b) Actions shall be commenced in the small claims division of the district court of the judicial circuit in which the defendant or a majority of the defendants reside or the claim for relief arose, unless service cannot be made on all of the defendants in that circuit, in which case action may be commenced in any circuit in which all of the defendants can be served; provided that actions arising under paragraph (2) of subsection (a) of this section shall be commenced in the circuit wherein the rental premises are situated.

(c) The small claims division of the district court may grant monetary relief and equitable relief except that:

(1) Monetary relief shall not include punitive damages; and

(2) Except as specifically provided in section 633-8, equitable relief shall be granted only as between parties to a landlord-tenant disagreement pursuant to chapter 521, and shall be limited to orders to repair, replace, refund, reform, and rescind.

(d) Class actions are prohibited in the small claims division of the district court. [L 1970, c 182, pt of §1; am L 1971, c 144, §21; am L 1972, c 142, §1; am L 1979, c 172, §1; am L 1980, c 169, §1, c 171, §1 and c 232, §31; am L 1981, c 176, §1; am L 1983, c 52, §1 and c 249, §3; am L 1991, c 6, §1; am L 1992, c 233, §1; am L 2005, c 12, §1; am L 2011, c 141, §1]
Haw. Rev. Stat. § 636C-1 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act.
Haw. Rev. Stat. § 636C-8 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-8
Uniformity of interpretation.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Haw. Rev. Stat. § 633-16 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-16
Unauthorized removal of shopping carts, etc.
Status: in_force

[§633-16] Unauthorized removal of shopping carts, etc.; notice; exceptions. (a) A person shall not remove, without proper authorization, a shopping cart, shopping basket, or similar device from the premises of any business establishment, including any parking area maintained for the customer of the business establishment, or any sidewalk or passageway adjacent to the business establishment, for any purpose whatsoever.

(b) This section shall not apply unless:

(1) The shopping cart, shopping basket, or other similar device has securely affixed to it a conspicuous sign identifying it as belonging to the business establishment; and

(2) There is posted at the place or places where the shopping carts, shopping baskets, or other similar devices are stored for customer use, a sign or signs conspicuously positioned in order to be seen by an ordinarily observant person, to notify customers and the general public that the carts, baskets, or devices shall not be removed from the premises, parking areas, sidewalks, or passageways adjacent thereto.

(c) The following shall not be subject to this section:

(1) The owner of the shopping cart, shopping basket, or similar device;

(2) Any agent of the owner;

(3) Any employee of the business establishment;

(4) Any person possessing the written consent of the owner or manager of the business establishment.

(d) Any business establishment which is damaged in its business or property by reason of a violation of subsection (a):

(1) May sue in the small claims division of the district court in the circuit where the business establishment is situated for damages sustained, and if the judgment is for the business establishment, it may be awarded a sum equal to the replacement value of the shopping cart, shopping basket, or similar device together with the costs of the suit; and

(2) May bring proceedings to enjoin further unauthorized removal of shopping carts, shopping baskets, or similar devices.

(e) In the case of repossession proceedings, the business establishment entitled to the possession of the shopping cart, shopping basket, or other similar device, shall bring and prosecute its action in the small claims division of the district court in the circuit where the business establishment is situated.

(f) The court in the small claims division shall grant judgment in favor of the business establishment if:

(1) The plaintiff is the lawful owner of the shopping cart, shopping basket, or similar device which has been adequately identified;

(2) The plaintiff has given notice as provided in subsection (b)(2) that the unauthorized removal of shopping carts, shopping baskets, or similar devices is prohibited;

(3) The shopping device has been removed from the premises of the business establishment without proper authorization; and

(4) The defendant is in possession or has control of the shopping devices.

(g) A person who has been found by court to have removed, without proper authorization, a shopping cart, shopping basket, or similar device may be liable for payment of an award under this section or a criminal fine under section 706-640, but not both. [L 1983, c 279, §1]
Haw. Rev. Stat. § 636-16 — HI Code / Division 4 / Title 34 / Chapter 636 / Section 636-16
Awarding interest.
Status: in_force

In awarding interest in civil cases, the judge is authorized to designate the commencement date to conform with the circumstances of each case, provided that the earliest commencement date in cases arising in tort, may be the date when the injury first occurred and in cases arising by breach of contract, it may be the date when the breach first occurred.
Haw. Rev. Stat. § 634-3 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-3
Actions against persons by firm name.
Status: in_force

Whenever two or more persons, associated in any business, transact such business under a firm name, whether it comprises the names of such persons or not, the associates may be sued by such firm name, the summons in such case being served on one or more of the associates or as otherwise provided by rule of court; and any judgment recovered against the firm, as such, may be enforced against the firm property, and against the individual property of any of the associates who have been served with process or who have appeared in the action.
Haw. Rev. Stat. § 635-1 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-1
§§635-1 and 635-2 REPEALED.
Status: repealed

§§635-1 and 635-2 REPEALED. L 1972, c 89, §2B(n).
Haw. Rev. Stat. § 635-18 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-18
§§635-18 and 635-19 REPEALED.
Status: repealed

§§635-18 and 635-19 REPEALED. L 1972, c 89, §2B(n).
Haw. Rev. Stat. § 636-5 — HI Code / Division 4 / Title 34 / Chapter 636 / Section 636-5
Action on judgment; penalty for failure to credit payments.
Status: in_force

Whenever in any action brought on a prior judgment, the complaint fails to credit prior payments on the judgment, the defendant shall be entitled to offset against the true balance due on the judgment an amount double the amount of any such credit in addition to any other penalties by law prescribed in such circumstances unless the plaintiff shall show that the existence or amount of the credit was in bona fide dispute or that the failure to set forth the credit was inadvertent or the result of an honest mistake.
Haw. Rev. Stat. § 636-11 — HI Code / Division 4 / Title 34 / Chapter 636 / Section 636-11
§§636-11 to 636-14 REPEALED.
Status: repealed

§§636-11 to 636-14 REPEALED . L 1972, c 89, §3(e).
Haw. Rev. Stat. § 635-31 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-31
REPEALED.
Status: in_force

L 1972, c 89, §2B(n).
Haw. Rev. Stat. § 634-29.5 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-29.5
Service in cases involving real property.
Status: in_force

(a) Notwithstanding any other provision of law, in an action the principal subject matter of which is real property owned by a defendant who is not a resident of the State, service of summons may be made upon the defendant by sending the summons and complaint by certified, registered, or express mail, postage prepaid, with return receipt requested to the address of the defendant on file with the real property assessment office of the county in which the real property is located. The plaintiff or the plaintiff's attorney shall file an affidavit showing that the summons and complaint were sent by certified, registered, or express mail, and the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon the delivery of the summons and complaint to the defendant in the event that the defendant does not sign and return the receipt, or shall be deemed complete upon the date the return receipt was signed by the defendant in the event that the defendant signs and returns the receipt within thirty days of delivery, whichever date is later.

(b) As used in this section, "real property owned by a defendant who is not a resident of the State" means real property for which the address on file with the real property assessment office of the county in which the property is located is an address that is not in this State. [L 2018, c 94, §2]
Haw. Rev. Stat. § 633-31 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-31
Jury trial; demand; assignment to other court.
Status: in_force

In a case filed or pending in the small claims division of the district court in which a party entitled to a trial by jury files a demand therefor, the case shall be assigned to and tried in the circuit court under the procedure provided for jury trials.
Haw. Rev. Stat. § 635-30 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-30
Peremptory challenges, criminal cases.
Status: in_force

In criminal cases, if the offense charged is punishable by life imprisonment, each side is entitled to twelve peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed six challenges. In all other criminal trials by jury each side is entitled to three peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed two challenges. In all cases the State shall be allowed as many challenges as are allowed to all defendants.
Haw. Rev. Stat. § 633-32 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-32
Evidence.
Status: in_force

In a case tried in the small claims division, the court shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and is not bound by the rules of evidence, whether or not set out by statute, except provisions relating to privileged communications.
Haw. Rev. Stat. § 636C-3 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-3
Filing and status of foreign judgments.
Status: in_force

A copy of any exemplified foreign judgment may be filed in the office of the clerk of the appropriate court of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this State, including establishing a lien, and may be enforced or satisfied in like manner.
Haw. Rev. Stat. § 635-57 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-57
REPEALED.
Status: in_force

L 1972, c 89, §2B(n).
Haw. Rev. Stat. § 633-28 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-28
Small claims, no appeal; appearance by whom.
Status: in_force

(a) Actions shall be commenced and conducted in the small claims division of the district court as provided by the rules of court. The clerk of the court, at the request of an individual, shall prepare the papers required to be filed in an action in the court, but the clerk's services in the preparation of these papers shall not be available to a corporation, partnership, or association, or to any individual proprietorship. The mode of service shall be:

(1) As provided by law or rule of court for cases in the district courts; provided that for any small claims action, service may be made by one of the parties to the action by means of personal service to the other parties, on the condition that:

(A) The party being served signs that party's name to indicate actual receipt of service; or

(B) A competent witness, who is not an employee, family member, or agent of the plaintiff appears at a hearing on the matter or provides a notarized affidavit testifying that personal service on the party sought to be served was accomplished in the witness' presence;

(2) As to actions arising under paragraphs (1) and (3) of section 633-27(a), by registered mail or by certified mail with return receipt signed by the addressee showing delivery within the circuit; or

(3) As to actions arising under paragraph (2) of section 633-27(a), by registered mail or by certified mail with return receipt signed by the addressee showing delivery at any place within or without the State.

There shall be no appeal from a judgment of the small claims division, but the court, sitting as the small claims division, may alter or set aside any judgment as provided by the rules of court.

(b) Notwithstanding any provision of law requiring the licensing of practitioners, any person, with the approval of the court, may appear on behalf of the person or another person in the small claims division of the district court; provided that, in cases in the small claims division of the district court involving disagreement between landlord and tenant about the security deposit in a residential landlord-tenant relationship, licensed practitioners are prohibited from appearing on behalf of another person. The services of an unlicensed person appearing under this subsection shall be without compensation, either by way of direct fee, contingent fee, or otherwise. In the event representation services are rendered for compensation, this subsection is inapplicable and the rendering of the services constitutes the unlawful practice of law, except as otherwise provided. [L 1970, c 182, pt of §1; am L 1971, c 144, §22; am L 1972, c 142, §2; am L 1983, c 249, §4; gen ch 1985; am L 1997, c 138, §2; am L 2005, c 12, §2]
Haw. Rev. Stat. § 635-29 — HI Code / Division 4 / Title 34 / Chapter 635 / Section 635-29
Challenging peremptorily.
Status: in_force

(a) In addition to the challenges of jurors allowed in section 635-28, the State and defendant in criminal cases shall be allowed peremptory challenges as provided by section 635-30.

(b) In civil cases each party shall be allowed to challenge peremptorily three jurors, without assigning any reason therefor. Where there are two or more plaintiffs or two or more defendants, they may be considered as a single party for the purposes of making peremptory challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. If additional peremptory challenges are allowed to the parties on one side, the opposing party or parties may be allowed additional peremptory challenges.

(c) If an alternate juror or alternate jurors are to be impaneled, one or more additional peremptory challenges shall be allowed as provided by the rules of court. [L 1903, c 38, §20; RL 1925, §2418; am L 1927, c 39, §1; am L 1932 1st, c 11, §1; RL 1935, §3736; RL 1945, §10112; RL 1955, §231-12; HRS §635-29; am L 1972, c 89, §2B(j)]
Haw. Rev. Stat. § 634-2 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-2
Joint contractual obligations.
Status: in_force

In an action on a contract on which two or more persons are jointly, jointly and severally, or severally liable, the court in which the action is pending has jurisdiction to proceed against such of the obligors as can be served as if they were the only obligors. [CC 1859, §1105; RL 1925, §2363; RL 1935, §4047; RL 1945, §10039; RL 1955, §230-9; HRS §634-33; am L 1972, c 89, §2A(b); ren HRS §634-2]
Haw. Rev. Stat. § 634-30 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-30
Organizations and associations, service of process on; judgment.
Status: in_force

When two or more persons associate and act, whether for profit or not, under a common name, including associating and acting as a labor organization or employer organization, whether the common name comprises the names of the persons or not, they may sue in or be sued by the common name, and the process shall be served on any officer, trustee, or agent of the association if an officer, trustee, or agent can be found, or if no officer, trustee, or agent can be found as shown by the return of the serving officer, then upon any one or more members of the association, or as otherwise provided by rule of court. Any such service constitutes service upon the association. The judgment in those cases shall accrue to the joint or common benefit of and bind the joint or common property of the association, the same as though all members had been named as parties to the action. No judgment shall be enforceable against any person or the person's individual assets unless the:

(1) Person has been joined and served as an individual party to the action; or

(2) Judgment is so enforceable pursuant to section 634-3 or any other law. [L Sp 1949, c 4, §1; RL 1955, §230-39; HRS §634-66; am L 1972, c 89, §2A(j); ren HRS §634-30; am L 2016, c 55, §27]
Haw. Rev. Stat. § 634-21.5 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-21.5
Service of process within a condominium, cooperative housing, or planned community.
Status: in_force

(a) Each board of directors of an association governed by chapter 514B, cooperative housing corporation governed by chapter 421I, and planned community association governed by chapter 421J shall establish, if entry to the property is inaccessible to the general public, a policy to provide reasonable access as specified in subsection (b) to the building or community to persons authorized to serve civil process for the purpose of serving any summons, subpoena, notice, or order on a person who is identified by the document being served as residing or present in the condominium, cooperative housing project, or planned community.

(b) The policy established pursuant to subsection (a) shall:

(1) Subject to any conditions as may be specified in accordance with paragraph (4), allow a person authorized to serve civil process to access common areas adjacent to a principal entry to the residence specified in accordance with paragraph (2) for the sole purpose of attempting to effect service of process;

(2) Require that a person authorized to serve civil process present clear personal identification and evidence that the person is authorized to serve process, including documentation clearly indicating the precise name and address, and if applicable, a unit number, of the person residing or present on the property to be served;

(3) Allow for denial of access to the person authorized to serve civil process if the person is unable to produce clear and credible identification and documentation as required in paragraph (2);

(4) Set forth conditions of time and manner according to which a person authorized to serve civil process may enter and remain in the building or community, and allow a person designated in accordance with paragraph (5) to compel a person authorized to serve civil process, who has been allowed access to the building or community but who has not acted in accordance with the conditions, to leave the building or community immediately; and

(5) Designate an individual, by title or position, such as a resident manager, a building manager who is located in or reasonably near the building or community, or another person who is generally available to respond to a request for access during normal business hours in a timely manner, and at least one alternate individual if the primary designee is unavailable, to respond to a request for access by a person authorized to serve civil process.

(c) An association governed by chapter 514B, a cooperative housing corporation governed by chapter 421I, or a planned community association governed by chapter 421J shall not be liable to:

(1) Any person if, after access is allowed to the building or community in accordance with this chapter, service of civil process is not actually effected for whatever reason; and

(2) A person upon whom service of process is actually effected in accordance with this chapter.

(d) As of January 1, 2010, each board of directors of an association of apartment owners of a condominium shall identify the designees specified in subsection (b)(5) in its biennial registration. A cooperative housing corporation or planned community association shall make a printed copy of the policy required by this chapter available at all times at the principal point of entry to the building or community.

[(e)] The department of commerce and consumer affairs shall adopt or amend forms and shall adopt rules pursuant to chapter 91 to implement this [section]. [L 2009, c 158, §§5, 6, 8; am L 2011, c 65, §1; am L 2017, c 181, §40]

Revision Note
Haw. Rev. Stat. § 636C-7 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-7
Optional procedures.
Status: in_force

The right of a judgment creditor to bring an action to enforce a judgment instead of proceeding under this chapter remains unimpaired.
Haw. Rev. Stat. § 634-35 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-35
Acts submitting to jurisdiction.
Status: in_force

(a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, the person's personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of the acts:

(1) The transaction of any business within this State;

(2) The commission of a tortious act within this State;

(3) The ownership, use, or possession of any real estate situated in this State;

(4) Contracting to insure any person, property, or risk located within this State at the time of contracting.

(b) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this section, may be made as provided by section 634-36, if the person cannot be found in the State, with the same force and effect as though summons had been personally served within this State.

(c) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over the defendant is based upon this section.

(d) Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law. [L 1965, c 134, §1; Supp, §230-41.5; HRS §634-71; am L 1972, c 89, §2A(n); ren HRS §634-35; gen ch 1985]
Haw. Rev. Stat. § 633-1 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-1
§§633-1 to 633-7 REPEALED.
Status: repealed

§§633-1 to 633-7 REPEALED. L 1971, c 144, §§9 to 15.
Haw. Rev. Stat. § 634J-2 — HI Code / Division 4 / Title 34 / Chapter 634J / Section 634J-2
Motion for order requiring plaintiff to post security.
Status: in_force

In any litigation pending in any court of this State, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion must be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant.
Haw. Rev. Stat. § 633-34 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-34
Award of costs.
Status: in_force

In any action pursuant to this chapter, the award of costs is in the discretion of the court, which may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the action, incurred by either party. No attorney's fees or commissions shall be allowed or awarded under section 607-14 by any judgment of the small claims division.
Haw. Rev. Stat. § 634-22 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-22
Return.
Status: in_force

In all cases where any process or order of a court is served by any officer of the court or of the police force or the sheriff, a deputy sheriff, an independent civil process server from the department of law enforcement's list under section 353C-11, or any investigator appointed and commissioned by the director of commerce and consumer affairs pursuant to section 26-9(j), a record thereof shall be endorsed upon the back of the process, complaint, order, or citation. The record shall state the name of the person served and the time and place of service and shall be signed by the sheriff, deputy sheriff, police officer, independent civil process server, or investigator making the service. If the sheriff, deputy sheriff, police officer, independent civil process server, or investigator fails to make service, the sheriff, deputy sheriff, police officer, independent civil process server, or investigator in like manner, shall endorse the reason for the sheriff's, deputy sheriff's, police officer's, independent civil process server's, or investigator's failure and sign this record. When service is made by a person specially appointed by the court, or an independent civil process server, that person shall make declaration or affidavit of that service.

The record, declaration, or affidavit shall be prima facie evidence of all it contains, and no further proof thereof shall be required unless either party desires to examine the sheriff, deputy sheriff, police officer, independent civil process server, or investigator making service, in which case the sheriff, deputy sheriff, police officer, independent civil process server, or investigator shall be notified to appear for examination. [L 1888, c 57; RL 1925, §2342; RL 1935, §4078; RL 1945, §10060; RL 1955, §230-30; am L 1963, c 85, §3; HRS §634-58; am L 1972, c 89, §2A(e); ren HRS §634-22; gen ch 1985; am L 1989, c 123, §3 and c 211, §10; am L 1990, c 281, §11; am L 1993, c 173, §3; am L 1994, c 9, §2; am L 2012, c 142, §8; am L 2013, c 116, §§10, 25(9); am L 2015, c 101, §4; am L 2021, c 41, §10; am L 2022, c 278, §17]
Haw. Rev. Stat. § 633-35 — HI Code / Division 4 / Title 34 / Chapter 633 / Section 633-35
Other rights of judgment creditor.
Status: in_force

Except as otherwise provided by this chapter, or in the rules of court, a party obtaining a judgment in the small claims division of the district court is entitled to the same remedies, processes, costs, and benefits as are given or inure to other judgment creditors in the court.
Haw. Rev. Stat. § 634-32 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-32
Other laws not affected.
Status: in_force

Nothing contained in sections 634-30 and 634-31 shall be construed to amend or repeal chapter 425 or 432, article 1, or section 634-3. [L Sp 1949, c 4, §3; RL 1955, §230-41; HRS §634-68; ren HRS §634-32; am L 2016, c 55, §28]
Haw. Rev. Stat. § 636C-9 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-9
[ §636C-9] Enforcement of foreign penal civil actions relating to protected reproductive health care services.
Status: in_force

[ §636C-9] Enforcement of foreign penal civil actions relating to protected reproductive health care services. (a) No judgment or other order arising from a foreign penal civil action or other penal law banning, restricting, burdening, punishing, penalizing, or otherwise interfering with the provision of protected reproductive health care services shall be enforced in this State.

(b) As used in this section:

"Foreign penal civil action" means an action authorized by the law of a state, or of any municipality or other governmental entity within a state, other than this State, the essential character and effect of which is to punish an offense against the public justice of that state, municipality, or other governmental entity.

"Protected reproductive health care services" means medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or termination of a pregnancy, that are protected under the Hawaii State Constitution or otherwise lawful under the laws of this State or that would be constitutionally protected or otherwise lawful if performed within this State. [L 2023, c 2, §13]
Haw. Rev. Stat. § 632-6 — HI Code / Division 4 / Title 34 / Chapter 632 / Section 632-6
Provisions, remedial.
Status: in_force

This chapter is declared to be remedial. Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle the party to maintain an ordinary action therefor. It is to be liberally interpreted and administered, with a view to making the courts more serviceable to the people.
Haw. Rev. Stat. § 636C-6 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-6
Fees.
Status: in_force

Any person filing a foreign judgment shall pay $100 to the clerk of the court. Fees for docketing, transcription, or other enforcement proceedings shall be as provided by law for judgments of the court of this State.
Haw. Rev. Stat. § 634-38 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-38
Manner of service within the State; assumpsit.
Status: in_force

For civil actions in the nature of assumpsit, when service of summons is required by law, court rule, or court order, service on the defendant within the State shall be:

(1) By personal delivery by a person authorized to serve process; or

(2) If a reasonable attempt at personal delivery has not been successful, then by certified, registered, or express mail sent to the addressee only, as ordered by the court.

Service pursuant to paragraph (1) and proof of personal service shall be made in the manner prescribed by law, court rule, or court order. If service is made pursuant to paragraph (2), a return receipt or other proof of service provided by the postal service shall be filed showing delivery to the addressee within the State. [L 2014, c 41, §2]
Haw. Rev. Stat. § 634-29 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-29
In case of attachment, etc.
Status: in_force

§634-29 In case of attachment, etc., of real property. In all cases of attachment, sequestration, or injunction of real property, the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 serving the writ shall, in addition to personal delivery of a copy thereof to the defendant, post upon the premises a copy of the process, and a notice of the day and hour when attached, sequestrated, or enjoined, and shall also give notice thereof in a newspaper or newspapers suitable for the advertisement of judicial proceedings. But in all cases where a writ of attachment is issued in accordance with chapter 651 relating to attachments, and the defendant in attachment was never a resident of the State or has departed from the State or secretes oneself so that the writ of attachment cannot be personally served upon the defendant, personal service of the writ upon the defendant may be dispensed with. All after-leases, mortgages, sales, devises, assignments, trusts, or other conveyances of the property, until the dissolution of the process, shall be void in law as against the plaintiff in such cases. [CC 1859, §1124; am L 1903, c 5, §1; am imp L 1917, c 67, §1; RL 1925, §2348; RL 1935, §4084; RL 1945, §10066; RL 1955, §230-37; HRS §634-64; ren HRS §634-29; gen ch 1985; am L 2013, c 116, §§11, 25(10); am L 2015, c 101, §4; am L 2021, c 41, §11; am L 2022, c 278, §17]
Haw. Rev. Stat. § 636C-5 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-5
Stay.
Status: in_force

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this State would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State. [L 1983, c 31, pt of §1]
Haw. Rev. Stat. § 636C-2 — HI Code / Division 4 / Title 34 / Chapter 636C / Section 636C-2
Definition.
Status: in_force

In this chapter "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this State.
Haw. Rev. Stat. § 634-12 — HI Code / Division 4 / Title 34 / Chapter 634 / Section 634-12
Sale of property seized on execution, when.
Status: in_force

When goods or chattels have been seized in execution by the sheriff, deputy sheriff, a police officer, or an independent civil process server from the department of law enforcement's list under section 353C-11 under process of any court, and some third person claims to be entitled under a bill of sale, chattel mortgage, or otherwise, to the goods and chattels by way of security for a debt, the court or a judge may order a sale of the whole or part thereof, upon such terms as to the payment of the whole or part of the secured debt or otherwise as it or the judge shall think fit; and may direct the application of the proceeds of sale in such manner and upon such terms as to the court or judge may seem just.