Haw. Rev. Stat. § 612-52 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-52
Grand jury counsel; qualifications.
Status: in_force

The grand jury counsel shall be licensed to practice law before the supreme court of the State, and shall not be a public employee.
Haw. Rev. Stat. § 603-3 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-3
First circuit court judges.
Status: in_force

Effective July 1, 1992, the circuit court of the first circuit shall consist of twenty-five judges, who shall be styled as first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth, and twenty-fifth judge, respectively.
Haw. Rev. Stat. § 605-15 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-15
[OLD] REPEALED.
Status: in_force

L 1975, c 45, pt of §2.

§605-15 Venue. Actions for violations of section 605-14 shall be brought in the circuit court for the judicial circuit in which the violation is alleged to have been committed. [L 1975, c 45, pt of §2]
Haw. Rev. Stat. § 602-7 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-7
Oaths, subpoenas.
Status: in_force

The supreme court may compel the attendance of witnesses and the production of books, papers, documents or tangible things, and any justice may administer oaths.
Haw. Rev. Stat. § 607-18 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-18
Compensation of trustees.
Status: in_force

(a) Unless the trust instrument otherwise provides, or the settlor and trustee otherwise agree, or, after the settlor's death, all the beneficiaries and the trustee otherwise agree, the trustee shall be entitled to the compensation set forth in this section and the compensation shall be deemed to be reasonable. For good cause shown, the court may also approve any other fee arrangement that it deems reasonable.

(b) Banks, trust companies, and individuals who in the ordinary course of business serve as fiduciaries shall, when serving as trustees, be entitled to reasonable compensation, which may be set forth in their published fee schedules and may be amended from time to time; provided that advance written notice of any amendment to the fee schedule is provided to the settlor or, after the settlor's death, to all beneficiaries who are vested at the time of the notice.

(c) Except as provided in subsections (a) and (b), individuals serving as trustees shall be entitled to the following compensation:

(1) Compensation Upon Inception of the Trust:

(A) One per cent based upon the gross fair market value of the trust assets on the date of the trustee's acceptance shall be payable to the first trustee who is not the settlor of the trust; and

(B) One per cent based upon the gross fair market value of the trust assets of the trust created under the revocable living or administrative trust on the date of the trustee's acceptance shall be payable to the first trustee of any trust created under a revocable living trust after the settlor's death or other administrative trust; provided that the trustee shall not also be the trustee of the revocable living trust or administrative trust that is the source of funding for the newly-created trust;

(2) Annual Compensation:

(A) Upon all moneys and other property received in the nature of revenue or income of the trust, such as rents, interest, dividends, and general profits, five per cent of the income received during the year shall be payable to the trustee, and paid not more than once per quarter;

(B) Upon the principal trust, the trustee shall be compensated no more than once per quarter, based on the following:

(i) One-half of one per cent of the first $5,000,000;

(ii) One-third of one per cent of the next $3,000,000;

(iii) One-fifth of one per cent of the next $2,000,000; and

(iv) One-tenth of one per cent of assets in excess of $10,000,000,

based upon the gross fair market value of the principal assets as of the first day of the trust's fiscal year; and

(C) Notwithstanding subparagraphs (A) and (B), a trustee shall be entitled to a minimum total annual compensation of $3,000;

(3) Compensation Upon Termination of the Trust:

One per cent based upon the gross fair market value of the trust assets as of the termination date of the trust pursuant to the terms of the trust, shall be payable to the trustee at any time after the termination date, up to and including the date the trust assets are finally distributed; and

(4) Compensation for Special Services:

Further compensation may be made as the court deems just and reasonable for services performed in connection with assuming the trusteeship, sales or leases of real estate, contested or litigated claims against the estate, the adjustment and payment of extensive or complicated estate or inheritance taxes, the preparation of estate and income tax returns, the carrying on of the decedent's business pursuant to an order of court or under the provisions of any will, litigation in regard to the property of the estate, and such other special services as may be necessary for the trustee to perform, prosecute, or defend; provided that if all of the beneficiaries agree to the trustee's compensation for special services, then court approval shall not be required;

provided that if more than one individual serves as trustee, then the compensation due pursuant to paragraphs (1), (2), and (3), as applicable, shall be divided equally between the then-acting trustees, unless otherwise agreed by the trustees. If one or more individuals are serving as trustees with a bank or trust company, then the individual trustees shall be entitled to fifty per cent of the compensation due pursuant to paragraphs (1), (2), and (3), as applicable, which shall be divided among the then-serving individual trustees as they may agree. An individual who in the ordinary course of business serves as a fiduciary, serving together with one or more individuals as trustees, or a bank or trust company serving together with one or more individuals as trustees, shall be entitled to the compensation described in subsection (b).

(d) For purposes of any agreement between the trustee and the beneficiaries regarding the trustee's compensation, the agreement shall be binding upon incapacitated, minor, unborn, and unascertained beneficiaries if the applicable provisions of section 560:1-403(2)(B) and (C) are satisfied.

(e) The following terms, or comparable language in the provisions of a trust, unless otherwise limited or modified, authorize compensation to the trustee under this section: "reasonable compensation", "compensation in accordance with applicable law", "compensation", "reasonable compensation commensurate with the services performed", and "statutory compensation".

(f) This section shall apply to future accounting periods of existing trusts as well as to new trusts. This section shall not apply to charitable trusts. [RL 1935, pt of §3793; am L 1935, c 124, §1; am L 1943, c 88, §1 and c 149, §1; RL 1945, §9757; am L 1947, c 100, §1; am L 1951, c 170, §1; RL 1955, §219-17; am L 1959, c 169, §1; HRS §607-18; am L 1976, c 200, pt of §1; am L 1988, c 362, §1; am L 1992, c 85, §1; am L 1993, c 34, §2; am L 2014, c 212, §2; am L 2015, c 133, §1]
Haw. Rev. Stat. § 602-21 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-21
Renumbered as §602-11.
Status: in_force

§602-21 Renumbered as §602-11.
Haw. Rev. Stat. § 604-7.4 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-7.4
Cure or waiver of defects.
Status: in_force

(a) The district court of a circuit in which is commenced a civil case laying venue in the wrong circuit shall transfer the case, upon or without terms and conditions as the court deems proper, to the district court of any circuit in which it could have been brought, or if it is in the interest of justice dismiss the case.

(b) Nothing in sections 604-7 to 604-7.4 shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue. [L 1971, c 144, §5]
Haw. Rev. Stat. § 602-5.5 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-5.5
Judiciary records.
Status: in_force

(a) Notwithstanding the provisions of any other law to the contrary, the supreme court shall determine whether, and the extent to which, the judiciary, will create, accept, retain, or store in electronic form any case, fiscal, and administrative records and convert written case, fiscal, and administrative records to electronic records.

(b) Notwithstanding the provisions of section 94-3, the supreme court shall determine the care, custody, and disposition of all judiciary case, fiscal, and administrative records. A record of dispositional activity shall be maintained stating whether a record was retained by the judiciary; transferred to public archives, the University of Hawaii, the Hawaiian Historical Society; or another agency; or destroyed. This record shall be kept on forms specified by the supreme court. One copy of the record shall be filed in the court where the records originated, and the original shall be filed with the administrative director of the courts or an agency designated by the director. [L 1984, c 258, §1; am L 1997, c 58, §1; am L 2002, c 6, §1]

Revision Note

"Hawaiian Historical Society" substituted for "Hawaii Historical Society" pursuant to §23G-15.
Haw. Rev. Stat. § 603-5 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-5
Salary of circuit court judges.
Status: in_force

Effective July 1, 2004, the salary of a circuit court judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of each circuit court judge of the various circuit courts of the State shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature. [L Sp 1959 1st, c 4, §2; am L 1962, c 28, §30b; am L 1965, c 223, §13; Supp, §215-4.5; HRS §603-5; am L 1969, c 127, §11; am L 1975, c 58, §27; am L 1982, c 129, §26; am L 1986, c 128, §24; am L 1990, c 72, §5; am L 1999, c 65, §6; am L 2000, c 2, §4; am L 2003, c 123, §4; am L 2006, c 299, §9]
Haw. Rev. Stat. § 602-22 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-22
§§602-22 to 602-24, 602-31 to 602-34, 602-36, and 602-37 REPEALED.
Status: repealed

§§602-22 to 602-24, 602-31 to 602-34, 602-36, and 602-37 REPEALED. L 1972, c 88, §2(h).
Haw. Rev. Stat. § 605-15.1 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-15.1
Standing.
Status: in_force

The attorney general or any bar association in this State may maintain an action for violations of section 605-14.
Haw. Rev. Stat. § 606-9 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-9
§§606-9 to 606-11 REPEALED.
Status: repealed

§§606-9 to 606-11 REPEALED. L 1996, c 226, §§4 to 6.
Haw. Rev. Stat. § 603-12 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-12
Sessions, held where.
Status: in_force

Except as otherwise provided by statute, the sessions of the circuit courts shall be held as follows: In the first circuit, at Honolulu; in the second circuit, at Wailuku; in the third circuit, at Hilo and Kona; in the fifth circuit, at Lihue.
Haw. Rev. Stat. § 605-1 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-1
Attorneys, qualifications.
Status: in_force

(a) The supreme court may examine, admit, and reinstate as practitioners in the courts of the State, such persons as it may find qualified for that purpose, who have taken the prescribed oath of office. The supreme court shall have the sole power to revoke or suspend the license of any such practitioner.

(b) In order to be licensed by the supreme court, a person shall be of good moral character, and shall satisfy such residence and other requirements as the supreme court may prescribe.

(c) In addition to other qualifications for licensure and conditions for continuing eligibility to hold a license, applicants for licensure, licensees renewing their licenses, and existing licensees shall be in compliance with an order of support as defined in section 576D-1 and has not failed to comply with a subpoena or warrant relating to a paternity or child support hearing. [CC 1859, §1065; am L 1921, c 81, §1; RL 1925, §2304; RL 1935, §3603; am L 1937, c 173, §1; RL 1945, §9701; am L 1945, c 226, §1; am L Sp 1949, c 67, §1; RL 1955, §217-1; HRS §605-1; am L 1972, c 184, §1(a); am L 1976, c 76, §1; am L 1997, c 293, §46; am L 2002, c 226, §9; am L 2003, c 133, §13; am L 2019, c 279, §8]
Haw. Rev. Stat. § 603-7 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-7
REPEALED.
Status: in_force

L 1972, c 88, §3(t).
Haw. Rev. Stat. § 601-3.2 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-3.2
Reporting of non-general fund information.
Status: in_force

[§601-3.2]Reporting of non-general fund information. No later than twenty days prior to the convening of each regular session, the judiciary shall submit to the legislature a report for each non-general fund account, which shall include but not be limited to the following:

(1) The name of the fund and a cite to the law authorizing the fund;

(2) The intended purpose of the fund;

(3) The current program activities which the fund supports;

(4) The balance of the fund at the beginning of the current fiscal year;

(5) The total amount of expenditures and other outlays from the fund account for the previous fiscal year;

(6) The total amount of revenue deposited to the account for the previous fiscal year;

(7) A detailed listing of all transfers from the fund;

(8) The amount of moneys encumbered in the account as of the beginning of the fiscal year;

(9) The amount of funds in the account which are required for the purposes of bond conveyance or other related bond obligations;

(10) The amount of moneys in the account derived from bond proceeds; and

(11) The amount of moneys of the fund held in certificates of deposit, escrow accounts, or other investments. [L 2016, c 166, §2]
Haw. Rev. Stat. § 601-7 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-7
Disqualification of judge; relationship, pecuniary interest, previous judgment, bias or prejudice.
Status: in_force

(a) No person shall sit as a judge in any case in which:

(1) The judge's relative by affinity or consanguinity within the third degree is counsel, or interested either as a plaintiff or defendant, or in the issue of which the judge has, either directly or through such relative, a more than de minimis pecuniary interest; or

(2) The judge has been of counsel or on an appeal from any decision or judgment rendered by the judge;

provided that no interests held by mutual or common funds, the investment or divestment of which are not subject to the direction of the judge, shall be considered pecuniary interests for purposes of this section; and after full disclosure on the record, parties may waive disqualification due to any pecuniary interest.

(b) Whenever a party to any suit, action, or proceeding, civil or criminal, makes and files an affidavit that the judge before whom the action or proceeding is to be tried or heard has a personal bias or prejudice either against the party or in favor of any opposite party to the suit, the judge shall be disqualified from proceeding therein. Every such affidavit shall state the facts and the reasons for the belief that bias or prejudice exists and shall be filed before the trial or hearing of the action or proceeding, or good cause shall be shown for the failure to file it within such time. No party shall be entitled in any case to file more than one affidavit; and no affidavit shall be filed unless accompanied by a certificate of counsel of record that the affidavit is made in good faith. Any judge may disqualify oneself by filing with the clerk of the court of which the judge is a judge a certificate that the judge deems oneself unable for any reason to preside with absolute impartiality in the pending suit or action. [L 1931, c 292, §1; RL 1935, §3572; RL 1945, §9573; RL 1955, §213-3; am L Sp 1959 1st, c 5, §1(b); HRS §601-7; am L 1972, c 88, §1(c); gen ch 1985; am L 2004, c 5, §1]
Haw. Rev. Stat. § 606-3 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-3
Seal of court; physical or electronic seal, signature, or attestation on physical or electronic court records.
Status: in_force

(a) Each court of record shall have a seal, which shall be as approved by the supreme court. The seal shall be in the custody or control of the clerk of the court and, when impressed, embossed, stamped, or electronically imprinted upon a court document, process, or certificate, shall be accompanied by the clerk's official attestation.

(b) Any requirement that a court document, process, or certificate shall be signed, certified, acknowledged, verified, exemplified, attested, or made under oath or seal is satisfied if the document bears an electronic seal of the court and an electronic image of the signature or electronic facsimile signature of the judge, clerk, or other person authorized to perform these acts. [L 1892, c 57, §65; RL 1925, §2293; RL 1935, §3692; RL 1945, §9723; RL 1955, §218-3; HRS §606-3; am L 1972, c 88, §4(c); am L 2006, c 284, §1]
Haw. Rev. Stat. § 603-21.6 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-21.6
Probate.
Status: in_force

The several circuit courts shall have power to:

(1) Grant probate of wills;

(2) Appoint personal representatives;

(3) Determine the heirs at law or devisees of deceased persons and to decree the distribution of decedents' estates;

(4) Appoint guardians for incapacitated adults;

(5) Appoint conservators;

(6) Compel personal representatives and such guardians and conservators to perform their respective trusts and to account in all respects for the discharge of their official duties;

(7) Remove any personal representative or any such guardian or conservator; and

(8) Do all other things as provided in chapter 560. [L 1972, c 88, §3(j); am L 1976, c 200, pt of §1; am L 2004, c 161, §34]
Haw. Rev. Stat. § 601-18 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-18
Interest income.
Status: in_force

Interest income earned on court deposits shall be credited to the depositor specified in the court order or to the State of Hawaii if not otherwise specified by statute.
Haw. Rev. Stat. § 604-11.5 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-11.5
Same; offenses committed within the circuit.
Status: in_force

The several district courts shall have jurisdiction, except as otherwise provided, of all criminal offenses cognizable under the laws of the State, committed within their respective circuits or transferred to them for trial by change of venue from some other district court.
Haw. Rev. Stat. § 604-2.5 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-2.5
Salary of district judges.
Status: in_force

Effective July 1, 2004, the salary of a district court judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of each district court judge of the various district courts of the State shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature.

Whenever the chief justice appoints a district court judge of any of the various district courts of the State to serve temporarily as a circuit court judge of any of the various circuit courts of the State, the judge shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a circuit court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days. [L 1970, c 188, §12; am L 1975, c 58, §28; am L 1982, c 129, §27; am L 1986, c 128, §25; am L 1988, c 396, §2; am L 1990, c 72, §6; am L 1999, c 65, §7; am L 2000, c 2, §5; am L 2003, c 123, §5; am L 2006, c 299, §10]
Haw. Rev. Stat. § 603-23 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-23
Injunction of violation of laws and ordinances.
Status: in_force

The circuit courts shall have power to enjoin or prohibit any violation of the laws of the State, or of the ordinances of the various counties, upon application of the attorney general, the director of commerce and consumer affairs, or the various county attorneys, corporation counsels, or prosecuting attorneys, even if a criminal penalty is provided for violation of the laws or ordinances. Nothing herein limits the powers elsewhere conferred on circuit courts.
Haw. Rev. Stat. § 603-4 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-4
Other circuits; judges.
Status: in_force

The circuit court of the fifth circuit shall consist of two judges, who shall be styled as first and second judge, and each as a judge of the circuit court of the fifth circuit. The circuit court of the second circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, and each as a judge of the circuit court of the second circuit. The circuit court of the third circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, and each as a judge of the circuit court of the third circuit.
Haw. Rev. Stat. § 612-55 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-55
Grand jury counsel; compensation.
Status: in_force

The grand jury counsel shall be compensated on a daily basis at the same rate as per diem judges of the district court.
Haw. Rev. Stat. § 603-17 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-17
REPEALED.
Status: in_force

L 1972, c 88, §3(t).
Haw. Rev. Stat. § 607-24 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-24
No bonds or costs to be filed or paid by government.
Status: in_force

Neither the State nor any county or any political subdivision, board, or commission thereof, nor any officer, acting in the officer's official capacity on behalf of the State or any county or other political subdivision, board, or commission thereof, shall be taxed costs or required to pay or make any deposit for the same or file any bond in any case whether for costs, on motion for new trial, or on appeal, or for any other purpose whatsoever. In all cases in which a final judgment or decree is obtained against the State, county, or other political subdivision or any board or commission thereof, any and all deposits for costs made by the prevailing party shall be returned to the prevailing party, and the prevailing party shall be reimbursed by the State, county, or other political subdivision, board, or commission thereof, as the case may be, all actual disbursements, not including attorney's fees or commissions, made by the prevailing party and approved by the court.
Haw. Rev. Stat. § 605-8 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-8
Practice in all courts; fees.
Status: in_force

[(a)] The practitioners shall have the right to practice in all the courts of the State, and to appear therein as attorneys in behalf of persons who may choose to retain them, for the prosecution or defense of actions.

[(b)] Attorney's fees or commissions taxed or allowed by the court shall be collected for the benefit of the attorney as provided by section 507-81. [CC 1859, §1067; RL 1925, §2311; RL 1935, §3610; RL 1945, §9708; RL 1955, §217-8; HRS §605-8; am L 1972, c 184, §1(e); am L 2004, c 48, §3]
Haw. Rev. Stat. § 602-4 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-4
Superintendence of inferior courts.
Status: in_force

The supreme court shall have the general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses therein where no other remedy is expressly provided by law.
Haw. Rev. Stat. § 612-23 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-23
Challenging compliance with selection procedures.
Status: in_force

(a) Promptly after the moving party discovered or by the exercise of diligence could have discovered the grounds therefor, and in any event before the trial jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case to quash the indictment, or for other appropriate relief, on the ground of substantial failure to comply with this chapter in selecting the grand or trial jury.

(b) Upon motion filed under subsection (a) containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with this chapter, the moving party is entitled to present in support of the motion the testimony of the clerk, any relevant records and papers not public or otherwise available used by the clerk, and any other relevant evidence. If the court determines that in selecting either a grand jury or a trial jury there has been a substantial failure to comply with this chapter and that the moving party has been prejudiced thereby, the court shall stay the proceedings pending the selection of the jury in conformity with this chapter, quash an indictment, or grant other appropriate relief.

(c) The procedures prescribed by this section are the exclusive means by which a person accused of a crime, the State, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this chapter.

(d) The contents of any records or papers used by the clerk in connection with the selection process shall not be disclosed, except as provided by other provisions of this chapter, in connection with the preparation or presentation of a motion under subsection (a), or upon order of the court. The parties in a case may inspect, reproduce, and copy the records or papers at all reasonable times during the preparation and pendency of a motion under subsection (a). [L 1973, c 191, pt of §1; am L 1987, c 366, §14]
Haw. Rev. Stat. § 612-5 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-5
Disqualification by interest.
Status: in_force

No person shall sit as a juror in any case in which the person's relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the juror has, either directly or through such relative, any pecuniary interest.
Haw. Rev. Stat. § 607-12 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-12
Witnesses' fees, mileage; taxation.
Status: in_force

(a) The fees of witnesses shall be as follows: Every witness attending and testifying, or subpoenaed and attending, upon the trial of any civil cause, in any court, shall be paid the sum of:

(1) $30 for each day's attendance in court;

(2) Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and

(3) The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.

(b) Every witness, coming to attend upon court from any island other than that upon which the court is holding session, shall be entitled to:

(1) $36 for each day's attendance;

(2) The actual round trip cost of plane or ship travel;

(3) Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and

(4) The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.

(c) The fees of witnesses may be taxed in the bill of costs as provided by section 607-9. [CC 1859, pt of §1280; am L 1884, c 30, §1; am imp L 1903, c 63, §1; am L 1919, c 5, §1; RL 1925, §2549; am L 1925, c 24, §1; RL 1935, §3798; RL 1945, §9752; RL 1955, §219-12; HRS §607-12; am L 1972, c 88, §5(o); am L 2025, c 153, §2]
Haw. Rev. Stat. § 612-17 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-17
Trial jury.
Status: in_force

(a) This section shall be applicable to the drawing of a trial jury and service thereon.

(b) Whenever a judge requires the services of a trial jury for use in proceedings before the judge or any other judge of the circuit, the judge may order the required number of jurors from the clerk. The clerk shall randomly select the names of prospective jurors from the certified list and shall compile and submit to the judge the selected names in alphabetical sequence, along with such other information as the judge may require.

(c) For the impaneling of a trial jury, the persons on the list of randomly selected prospective trial jurors ordered by a judge shall be summoned to attend and serve. The names of those summoned and present, and not disqualified, excused or exempted, shall be placed in an appropriate container, from which there shall be drawn a sufficient number of names to constitute a trial jury. The drawing shall be by lot in open court under the supervision of the judge. If a jury cannot be chosen for the trial of a case from the names placed in the container before the drawing commenced, additional names may be placed in the container. For this purpose, additional names may be ordered and randomly selected from the certified list of prospective trial jurors, and the additional prospective jurors summoned. The judge may summon jurors from among bystanders on consent of all parties. All names initially ordered by the judge need not be exhausted before other names may be used in the drawing, and the names of additional prospective jurors summoned and present may be added to the container during the drawing.

(d) Prospective jurors in attendance, but not actually serving in a trial before the judge, shall be subject to such orders relative to further jury service as the judge deems appropriate, including service before other judges in the circuit.

(e) Each juror ordered by a judge shall serve for a period of one day, commencing from the first day the juror is required to appear for service; provided that any juror may be required to serve beyond the one-day period for the trial of any case in which the selection of the jury commenced within that period. Upon completion of service by all jurors ordered by the judge to serve, the jurors shall be returned to the clerk, who shall not transmit the jurors again to any judge until all other jurors have been exhausted and other jurors which served at a more remote time have been first transmitted for service.

(f) A judge may, having regard to the equitable distribution of jury service, excuse any juror after actual service in a trial. [L 1973, c 191, pt of §1; am L 1975, c 48, §2; gen ch 1985; am L 1987, c 366, §10; am L 1993, c 159, §§2, 3; am L 2002, c 92, §5; am L 2007, c 122, §12]
Haw. Rev. Stat. § 605-17 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-17
Penalties.
Status: in_force

Any person violating sections 605-14 to 605-16 shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 601-3.6 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-3.6
Spouse and child abuse special account; judiciary.
Status: reserved

(a) There is established within the state treasury a special fund to be known as the "spouse and child abuse special account", and to be administered and expended by the judiciary.

(b) The proceeds of the account shall be reserved for use by the judiciary for staff programs, and grants or purchases of service, consistent with chapters 42F and 103F, that support or provide spouse or child abuse intervention or prevention as authorized by law. These proceeds shall be used for new or existing programs and shall not supplant any other funds previously allocated to these programs. The account shall be kept separate and apart from all other funds in the treasury.

(c) The account shall consist of fees remitted pursuant to sections 338-14.5 and 572-5, income tax remittances allocated under section 235-102.5, fines collected pursuant to sections [586-4(e)], 580-10, and 586-11, interest and investment earnings, grants, donations, and contributions from private or public sources. All realizations of the account shall be subject to the conditions specified in subsection (b).

(d) The judiciary, in coordination with the department of health, shall submit an annual report to the legislature, prior to the convening of each regular session, providing an accounting of the receipts of and expenditures from the account. [L 1994, c 232, §3; am L 1997, c 190, §6; am L 1998, c 172, §6; am L 1999, c 200, §4; am L 2004, c 228, §5]
Haw. Rev. Stat. § 602-6 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-6
[OLD] REPEALED.
Status: repealed

L 1972, c 88, §2(h).

§602-6 REPEALED. L 2004, c 202, §80.
Haw. Rev. Stat. § 605-6 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-6
Rules.
Status: in_force

The supreme court may prescribe qualifications for admission to practice and rules for the government of practitioners. [CC 1859, §1072; RL 1925, §2309; RL 1935, §3608; RL 1945, §9706; RL 1955, §217-6; HRS §605-6; am L 1972, c 184, §1(c)]
Haw. Rev. Stat. § 612-4 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-4
Grounds of qualification and disqualification.
Status: in_force

(a) A prospective juror shall be qualified to serve as a juror if the prospective juror is:

(1) A citizen of the United States and State;

(2) At least eighteen years old;

(3) A resident of the judicial circuit; and

(4) Able to read, speak, and understand the English language.

(b) A prospective juror shall be disqualified to serve as a juror if the prospective juror:

(1) Is incapable, by reason of the prospective juror's disability, of rendering satisfactory jury service; provided that a prospective juror claiming this disqualification may be required to submit a physician's, physician assistant's, or advanced practice registered nurse's certificate as to the disability, and the certifying physician, physician assistant, or advanced practice registered nurse is subject to inquiry by the court at its discretion;

(2) Has been convicted of a felony in a state or federal court and not finally discharged or pardoned; or

(3) Fails to meet the qualifications in subsection (a).

(c) For purposes of this section, "finally discharged" means the person has received or is eligible to receive a certificate of discharge pursuant to section 831-5. [L 1973, c 191, pt of §1; gen ch 1985; am L 1996, c 168, §1; am L 2007, c 122, §3; am L 2009, c 151, §22; am L 2014, c 45, §15; am L 2023, c 155, §2]
Haw. Rev. Stat. § 612-59 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-59
Dismissal of indictment.
Status: in_force

Any indictment which is based upon a grand jury proceeding in which a violation of section 612-56, 612-57, or 612-58 has occurred may be subject to dismissal without prejudice by an appropriate state court in the exercise of its discretion. Motion for such dismissal may be made by either party or the court.
Haw. Rev. Stat. § 601-3 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-3
Administrative director.
Status: in_force

(a) The chief justice, with the approval of the supreme court, shall appoint an administrative director of the courts to assist the chief justice in directing the administration of the judiciary. The administrative director shall be a resident of the State for a continuous period of three years prior to the administrative director's appointment, and shall be appointed without regard to chapter 76 and shall serve at the pleasure of the chief justice. The administrative director shall hold no other office or employment. Effective July 1, 2014, the salary of the administrative director of the courts shall be equal to the salary of the administrative director of the State as set by the commission on salaries pursuant to section 26-56.

(b) The administrative director shall, subject to the direction of the chief justice, perform the following functions:

(1) Examine the administrative methods of the courts and make recommendations to the chief justice for their improvement;

(2) Examine the state of the dockets of the courts, secure information as to their needs of assistance, if any, prepare statistical data and reports of the business of the courts and advise the chief justice to the end that proper action may be taken;

(3) Examine the estimates of the courts for appropriations and present to the chief justice the administrative director's recommendations concerning them;

(4) Examine the statistical systems of the courts and make recommendations to the chief justice for a uniform system of judicial statistics;

(5) Collect, analyze, and report to the chief justice statistical and other data concerning the business of the courts;

(6) Assist the chief justice in the preparation of the budget, the six-year program and financial plan, the variance report and any other reports requested by the legislature;

(7) Carry out all duties and responsibilities that are specified in title 7 as it pertains to employees of the judiciary; and

(8) Attend to such other matters as may be assigned by the chief justice.

(c) The administrative director, with the approval of the chief justice, shall appoint a deputy administrative director of the courts without regard to chapter 76 and such assistants as may be necessary. The assistants shall be appointed without regard to chapter 76. Effective July 1, 2014, the salary of the deputy administrative director shall be equal to ninety-five per cent of the salary of the administrative director. The administrative director shall be provided with necessary office facilities.

(d) The judges, clerks, officers, and employees of the courts shall comply with all requests of the administrative director for information and statistical data relating to the business of the courts and expenditure of public funds for their maintenance and operation.

(e) The salary levels of the administrative director and deputy administrative director shall be disclosed in the judiciary's annual budget submission to the legislature. [L 1959, c 259, pt of §1(b); am imp L 1965, c 97, §24; am L 1965, c 223, §11; Supp, §213-1.6; HRS §601-3; am L 1969, c 127, §9; am L 1974, c 159, §16; am L 1975, c 58, §25; am L 1976, c 82, §1; am L 1977, c 159, §18; am L 1982, c 129, §24(1); gen ch 1985; am L 1986, c 128, §21; am L 1990, c 72, §7; am L 1991, c 130, §2; am L 2000, c 142, §2 and c 253, §150; am L 2003, c 123, §1; am L 2006, c 299, §6; am L 2014, c 180, §1]
Haw. Rev. Stat. § 604A-2 — HI Code / Division 4 / Title 32 / Chapter 604A / Section 604A-2
Jurisdiction.
Status: in_force

(a) The environmental courts shall have exclusive, original jurisdiction over all proceedings, including judicial review of administrative proceedings and proceedings for declaratory judgment on the validity of agency rules authorized under chapter 91, arising under chapters 6D, 6E, 6K, 128D, 339, 339D, 340A, 340E, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, 342P, 343, and 508C, and title 12; provided that:

(1) The environmental courts shall not have exclusive, original jurisdiction over any proceedings relating to any motor vehicle, motorcycle, motor scooter, or moped parking violations adopted under agency rules pursuant to chapter 91 and authorized under chapters 6D, 6E, 6K, 128D, 339, 339D, 340A, 340E, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, 342P, 343, and 508C, and title 12; and

(2) Upon the motion of a party or sua sponte by the chief justice, the chief justice may assign to the environmental courts issues before the courts when the chief justice determines that due to their subject matter the assignment is required to ensure the uniform application of environmental laws throughout the State or to otherwise effectuate the purpose of this chapter.

(b) In any case in which it has jurisdiction, the environmental courts shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge, designated as judge of an environmental court, to matters within the scope of this chapter. [L 2014, c 218, pt of §2; am L 2018, c 119, §1]
Haw. Rev. Stat. § 602-53 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-53
Terms.
Status: in_force

The intermediate appellate court shall be deemed always to be in continuous session. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders.
Haw. Rev. Stat. § 601-17.5 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-17.5
Collection of delinquent court-ordered payments.
Status: in_force

The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected.
Haw. Rev. Stat. § 612-20 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-20
Requests for exemption or excuse.
Status: in_force

If a person who is exempt or who believes oneself to be entitled to be excused from jury duty, is summoned as a juror, even though the person did not request exemption or excuse previously, or was not exempted or excused by the clerk, the person may make the person's request for exemption or excuse to the judge of the court for which the person is summoned. The request may be made to the clerk or bailiff, who shall deliver it to the judge and, if sufficient in substance, it shall be received as an excuse for nonattendance in person.
Haw. Rev. Stat. § 607-16 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-16
In both courts, when; set off against judgment, when.
Status: in_force

Whenever costs are awarded to the appellant, the appellant shall be allowed to tax as part thereof, the costs in the lower court, in addition to the costs of the court appealed to. If, upon an appeal, a recovery for any debt or damages is had by one party, and costs are awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the balance. [CC 1859, §1014; RL 1925, §2553; RL 1935, §3802; RL 1945, §9756; RL 1955, §219-16; HRS §607-16; am L 1972, c 88, §5(r); gen ch 1985]
Haw. Rev. Stat. § 601-20 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-20
Court annexed arbitration program.
Status: in_force

(a) There is established within the judiciary a court annexed arbitration program which shall be a mandatory and nonbinding arbitration program to provide for a procedure to obtain prompt and equitable resolution of certain civil actions in tort through arbitration. The supreme court shall adopt rules for the implementation and administration of the program by January 1, 1987.

(b) All civil actions in tort, having a probable jury award value, not reduced by the issue of liability, exclusive of interest and costs, of $150,000 or less, shall be submitted to the program and be subject to determination of arbitrability and to arbitration under the rules governing the program. The rules shall include a procedure to classify and establish the order of priority according to which the actions will be processed for the determination of arbitrability and for the arbitration under the program. The court may, at its discretion, remove any action from the program.

(c) The chief justice may hire on a contractual basis, and at the chief justice's pleasure remove, without regard to chapter 76, an arbitration administrator, who shall be responsible for the operation and management of the program, and such other persons deemed necessary for the purposes of the program in the judgment of the chief justice. [L Sp 1986, c 2, §21; am L 2000, c 253, §150]
Haw. Rev. Stat. § 602-9 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-9
Sessions, where.
Status: in_force

The supreme court shall sit in Honolulu; provided that the chief justice may appoint a different place for the sitting of the court, pro tempore.
Haw. Rev. Stat. § 612-56 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-56
Grand jury counsel; disqualification.
Status: in_force

(a) Grand jury counsel shall disqualify oneself in any matter in which circumstances render substantial question upon the counsel's impartiality or which would jeopardize public confidence in the grand jury.

(b) The prosecutor may petition the court for disqualification of the grand jury counsel for cause. Upon a hearing, the court shall issue an appropriate order permitting or denying such petition. [L 1980, c 209, §7; gen ch 1985]
Haw. Rev. Stat. § 601-13 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-13
Publication of notices and process.
Status: in_force

(a) All notices or process required or permitted by law, by the rules of any court, or by judicial order to be published or advertised in judicial proceedings in the State shall be published or advertised in a newspaper or newspapers having a general circulation within the county in which the judicial proceedings are commenced or had, except as otherwise provided.

(b) When the notices or process are required to be published or advertised once or more in a given interval for or in a successive number of intervals, the use of the word "successive" shall not be construed to require publication in more than the stated number of intervals; for example, a requirement of publication "once a week for (or in) three successive weeks" shall require only three publications.

(c) Notwithstanding any law to the contrary, in all family court cases, if the plaintiff or petitioner, as a result of impoverishment, is unable to publish notice as required by subsection (a), the plaintiff or petitioner shall file an affidavit attesting to impoverishment and to the fact that, after due and diligent search, the whereabouts of the individual sought to be served are unknown. Upon such filings, the family court shall order that service be made by forwarding a certified copy of the pleadings and process to the individual at the last known address by registered or certified mail, with a return receipt requested and a directive to deliver to addressee only, by sending a certified copy of the pleadings and process to the defendant's or respondent's closest known relative, if any can be found, and by posting a copy of the pleadings and process at the courthouse in which the pleadings and process have been filed. Service shall be completed thirty days after mailing. The plaintiff or petitioner shall attest to the fact of the mailing and the date thereof by affidavit, attaching the sender's receipt for that mail and, if available, the return receipt and envelope. [L 1919, c 31, §1; RL 1925, §2219; RL 1935, §3579; am L 1941, c 36, §1; RL 1945, §9580; RL 1955, §213-10; HRS §601-13; am L 1972, c 88, §1(e); am L 2012, c 290, §2]
Haw. Rev. Stat. § 604-6.1 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-6.1
Jurisdiction of district courts; leased or rented personal property.
Status: in_force

Jurisdiction is conferred upon the district courts to try all cases resulting from the retention of leased or rented personal property, the value of which does not exceed $5,000.
Haw. Rev. Stat. § 604-6 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-6
Ejectment proceedings.
Status: in_force

Nothing in section 604-5 shall preclude a district court from taking jurisdiction in ejectment proceedings where the title to real estate does not come in question at the trial of the action. If the defendant is defaulted or if on the trial it is proved that the plaintiff is entitled to the possession of the premises, the court shall give judgment for the plaintiff and shall issue a writ of possession. The rules of court shall govern the stay of a writ of possession.
Haw. Rev. Stat. § 605-7 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-7
Control of action; power to settle.
Status: in_force

The practitioners licensed by the supreme court shall have control to judgment and execution, of all suits and defenses confided to them; provided that no practitioner shall have power to compromise, arbitrate, or settle such matters confided to the practitioner, unless upon special authority in writing from the practitioner's client. [CC 1859, §1069; RL 1925, §2310; RL 1935, §3609; RL 1945, §9707; RL 1955, §217-7; HRS §605-7; am L 1972, c 184, §1(d); gen ch 1985]
Haw. Rev. Stat. § 604-20 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-20
Powers of clerk.
Status: in_force

The clerks of the district court shall have, within the scope of the jurisdiction of the district courts, all the powers of clerks of other courts of record, including the power to sign and enter judgments, subject to the direction of the court; administer oaths; sign and issue garnishee summons, writs of attachment, execution and possession, and other process; and take depositions.
Haw. Rev. Stat. § 606-2 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-2
Temporary assistants.
Status: in_force

In case of the temporary absence or disability of any clerk, or when the business of any court demands, an assistant clerk, having the powers of a clerk, may be appointed for temporary duty. The salary of the assistant may be paid out of any appropriation available for the expenses of the court.
Haw. Rev. Stat. § 601-4 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-4
Judicial council.
Status: in_force

The supreme court shall provide for the appointment of a judicial council which shall serve in an advisory capacity only. The judicial council shall give continuing consideration to the administration of justice in the courts of the State. It shall make reports and recommendations biennially to the supreme court and also whenever deemed advisable by the court. The chief justice shall be a member and chairperson of the judicial council. The supreme court shall appoint, from time to time, such number of other members as it deems necessary to be fairly representative, but not to exceed fifteen, whose terms shall be in accordance with the rules of the supreme court. The members of the judicial council shall include laypersons as well as judges and lawyers. The members of the judicial council shall receive no compensation for their service but they shall be reimbursed for their traveling and other expenses incidental to attending meetings.
Haw. Rev. Stat. § 607-3.5 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-3.5
Security for costs.
Status: in_force

The several courts shall have power to require either the plaintiff or defendant, upon the application of the opposite party, to give security for costs in any civil cause, upon such terms and conditions as the court deems just.
Haw. Rev. Stat. § 603-37.5 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-37.5
Cure or waiver of defects.
Status: in_force

(a) The circuit court of a circuit in which is commenced a civil case laying venue in the wrong circuit shall transfer the case, upon or without terms and conditions as the court deems proper, to any circuit in which it could have been brought, or if it is in the interest of justice dismiss the case.

(b) Nothing in sections 603-36 to 603-37.5 shall impair the jurisdiction of a circuit court of any matter involving a party who does not interpose timely and sufficient objection to the venue. [L 1972, c 88, §3(q)]
Haw. Rev. Stat. § 605-3 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-3
§§605-3 and 605-4 REPEALED.
Status: repealed

§§605-3 and 605-4 REPEALED. L 1972, c 184, §1(j).
Haw. Rev. Stat. § 612-13 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-13
Juror qualification form.
Status: in_force

(a) The clerk shall prepare an alphabetical list of the names in the master jury wheel, which shall not be disclosed to any person other than pursuant to this chapter or specific order of the court. The clerk shall mail to every name on the list a juror qualification form accompanied by instructions to fill out and return the form by mail to the clerk within ten days after its receipt. The form shall be subject to approval by the court and shall elicit the name, address, and age of the prospective juror, other information pertinent to disqualification or exemption from jury service, and any other matters as may be ordered by the court. The form also shall contain the prospective juror's declaration that the prospective juror's responses are true to the best of the prospective juror's knowledge and the prospective juror's acknowledgment that a wilful misrepresentation of a material fact may be punished by a fine of not more than $500 or imprisonment for not more than thirty days, or both. Notarization of the juror qualification form shall not be required. If the prospective juror is unable to fill out the form, another person may do it for the prospective juror and shall indicate that the person has done so and the reason therefor. In any case in which it appears that there is an omission, ambiguity, or error in a form completed by a prospective juror, the clerk may return the form with instructions to the prospective juror to make such additions or corrections as may be necessary and to return the form to the clerk within ten days after its receipt. Upon the failure or refusal of any person duly receiving the juror qualification form to complete and return it as required or instructed, the court, after first summoning the person to appear before the clerk to complete or correct the form, may punish the person for contempt.

(b) At the time of the prospective juror's appearance for jury service, or at the time of any interview before the court or clerk, any prospective juror may be required or permitted to fill out another juror qualification form in the presence of the court or clerk, at which time the prospective juror may be questioned, but only with regard to the prospective juror's responses to questions contained on the form and grounds for the prospective juror's exemption, excuse, or disqualification. Any information thus acquired by the court or clerk shall be noted.

(c) Any person who wilfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror is guilty of a petty misdemeanor.

(d) Juror qualification forms shall not be deemed a public record, nor shall they become part of the court record unless the court so orders and places the forms under the seal of the court; provided that the contents of the completed juror qualification forms, redacted to exclude a juror's social security number, driver's license number, home and business telephone numbers, street address, and other personal information and identifiers, may be disclosed:

(1) To the litigants; or

(2) When permitted in accordance with section 612-23. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §6; am L 2002, c 92, §3; am L 2007, c 122, §8]
Haw. Rev. Stat. § 606-1 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-1
Clerks of supreme court, intermediate appellate court, circuit courts, and district courts; appointment and removal.
Status: in_force

(a) Subject to the provisions of chapter 76, when applicable:

(1) There shall be a clerk of the supreme court and as many deputy clerks and assistant clerks as the business of the supreme court requires, appointed and removable by the justices of the supreme court.

(2) There shall be a clerk of the intermediate appellate court and as many deputy clerks and assistant clerks as the business of such court requires, appointed and removable by the judges of the intermediate appellate court.

(3) There shall be as many clerks of the circuit courts as may be necessary, appointed and removable by the judge or administrative judge thereof, as the case may be. The appointment of a clerk of a particular division may be made by the judge of that division.

(4) There shall be as many clerks of the district courts as may be necessary, appointed and removable by the judge or administrative judge thereof, as the case may be.

(b) The respective clerks of the supreme court, intermediate appellate court, circuit courts, and district courts shall be ex officio clerks of all the courts of records, and as such may issue process returnable in all such courts. [L 1892, c 57, §59; am L 1903, c 32, §16; am L 1907, c 54, §1; am L 1911, c 84, §1; RL 1925, §2291; RL 1935, §3690; RL 1945, §9721; RL 1955, §218-1; am L 1965, c 104, §1; HRS §606-1; am L 1970, c 188, §25; am L 1972, c 88, §4(a); am L 1979, c 111, §4(1)]
Haw. Rev. Stat. § 603-23.5 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-23.5
Action to enjoin violation of section 708-871; action for damages.
Status: in_force

Any person, firm, private corporation, or municipal or other public corporation or trade association or the attorney general or any county attorney, prosecuting attorney, or corporation counsel may maintain an action to enjoin a continuance of any act in violation of section 708-871 and if injured thereby for recovery of damages. If in any such action the court finds that the defendant is violating or has violated section 708-871 it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved.

Any defendant in any action brought under this section may be compelled to testify by deposition, or in person before the court in which the action is brought, and may be examined by the plaintiff as if on cross-examination, and the plaintiff shall not be bound by the defendant's testimony; provided that no information so obtained may be used against the defendant as a basis for a misdemeanor or prosecution under section 708-871. No proceeding shall be instituted for an injunction unless and until the plaintiff has notified the defendant of the plaintiff's intention to file such a proceeding unless the defendant ceases and desists from continuing to act in violation of section 708-871 such notice to be given at least forty-eight hours previous to the filing of any action. No injunction shall issue in the event that defendant has ceased violating section 708-871 upon the receipt of such notice, but the giving of such notice or the bringing of an action under this section shall not prevent the institution or continuance to completion of a prosecution for misdemeanor under section 708-871. [L 1941, c 220, §2; RL 1945, §11374; RL 1955, §289-15; am L 1963, c 5, §4; HRS §747-17; ren L 1972, c 9, pt of §1 and am L 1972, c 109, §3; gen ch 1985]
Haw. Rev. Stat. § 606-13 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-13
Salary and perquisites of official court reporters.
Status: in_force

[(a)] Each official court reporter shall receive for services as prescribed in section 606-12 the salary that may be appropriated from time to time as compensation for the official court reporter's services in court. Each official court reporter may charge and collect fees for transcripts requested by the parties, including state courts, pursuant to rules promulgated by the supreme court through its rulemaking authority. The fees for transcripts ordered by a party shall be paid by the party ordering the same and, except in the case of the attorney general, the public defender, or the county or prosecuting attorneys or corporation counsels, no official court reporter shall be required to perform any such service until the fees have been paid or the amount of the estimated cost of the fees deposited with the clerk of the court.

[(b)] Where the court, of its own motion, orders a transcript to be prepared of the whole or any part of the testimony in a civil cause, it may, in its discretion, direct the payment of the charges therefor, and the taxation of the same as costs, in such manner as to it may seem just. Where the attorney general, the public defender, or the county or prosecuting attorney or corporation counsel, desires transcripts for official use, either original or copy, the official court reporter may be paid for same by warrant upon the treasury of the State or county, as the case may be.

[(c)] Official court reporters or other persons preparing transcripts shall provide, at their own expense, all supplies directly related to the preparation thereof. [L 1915, c 88, §3; RL 1925, §2301; RL 1935, §3700; am L 1941, c 29, §1; RL 1945, §9733; am L 1949, c 361, §1; RL 1955, §218-13; am L 1963, c 89, §1; HRS §606-13; am L 1969, c 184, §1; am L 1972, c 88, §4(k), (l); am L 1975, c 100, §1; am L 1981, c 63, §1; am L 1983, c 73, §1; am L 1996, c 226, §3]
Haw. Rev. Stat. § 607-20 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-20
Charitable trusts, special provisions.
Status: in_force

(a) Notwithstanding any other provisions, in the case of a charitable trust, the compensation of the trustees shall be limited to an amount that is reasonable under the circumstances.

(b) This section shall apply to existing and new charitable trusts established after January 1, 1999; provided that any provisions in existing trust agreements regarding trustees' compensation shall supersede this section. [L 1943, c 149, §§1, 2; RL 1945, §9758; RL 1955, §219-19; am L 1959, c 169, §2; HRS §607-20; am L 1998, c 310, §2]

Revision Note

"January 1, 1999" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 607-4 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-4
District court costs.
Status: in_force

(a) The fees prescribed by subsection (b) shall be paid to the clerk of the district court as costs of court by the person instituting the action or proceeding, or offering the paper for filing, or causing the document to be issued or the services to be performed in the district court; provided that nothing in subsection (b) shall apply to cases of adults charged with commission of a crime, or minors referred to the district court by the family court; provided further that for the purposes of subsection (b), "judgment" includes an order from which an appeal lies; and provided further that the fees prescribed by subsection (b)(10) shall be deposited by the clerk of the district court into the judiciary computer system special fund pursuant to section 601-3.7. One-half of the fees collected pursuant to paragraphs (7), (8), and (9) of subsection (b) also shall be deposited into the fund.

(b) The fees referred to in subsection (a) are:

(1) Except for petitions for temporary restraining order under section 604-10.5, the fee for which shall be the same as that provided in section 607-5(b)(20), for the institution of each action or proceeding, to include all charges except as provided by paragraphs

(2) to (6)...................................... $100

(2) Intervention; answer containing one or more cross-claims or counterclaims; third-party complaint, for each such matter $10

(3) Demand for jury trial.................. Fee prescribed

by section 607-5

(4) Filing of notice of appeal, to be paid in addition to the deposit of appellate court costs................. $100

(5) Making of a copy; comparing of copy with

original............. Fees prescribed by section 92-21

(6) Posting notice; service fees; garnishee fees; mileage charges; or other services actually

performed.................. Amounts necessary to cover

actual costs or disbursements

(7) Administrative costs associated with the

processing of traffic citations that involve

stopping (when prohibited), standing,

or parking.................. $10 for each violation in

addition to any fine imposed by

the court, and whether or

not such fine is suspended

(8) Administrative costs associated with the processing of traffic citations which do not involve stopping, standing, or parking............................ $40 for each violation in

addition to any fine imposed

by the court, and whether or

not such fine is suspended

(9) Administrative costs associated with the processing of traffic citations issued for violations of a statute or ordinance relating to vehicles or their drivers, or owners, except those as provided by paragraphs (7) and

(8)......................... $30 for each violation in

addition to any fine imposed

by the court, and whether or

not such fine is suspended

(10) Administrative costs associated with the processing of all civil filings except those brought by the State or any of the various counties and political subdivisions of the State, those commenced by a petition for temporary restraining order under section 604-10.5, and those commenced and conducted in the small claims division of the district court....... $20.

(c) The court, in taxing costs, may assess not only the costs of court, but also all reasonable disbursements as provided by section 607-9.

(d) Fees of sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 shall be as provided under section 607-8(a).

(e) Anything in this section or any other law to the contrary notwithstanding, when any process or subpoena is served by a subordinate of the sheriff or chief of police, it shall be illegal for the sheriff or chief of police, (1) if and so long as the sheriff or chief of police is being paid a salary by the State or the county to receive or collect from such subordinate any portion of the fees, mileage, or other expenses collected by such subordinate, or (2) if and so long as the sheriff or chief of police is not being paid any such salary, to collect or receive from such subordinate more than ten per cent of the fees accruing from such service, or any portion of the mileage or other expenses collected by such subordinate. Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for such service shall be payable to such subordinate. Nothing herein contained shall be deemed to prohibit the police commission of any county from requiring all such fees, mileage, and expenses to be paid into a police benefit fund. [CC 1859, §1278; am imp L 1903, c 63, §1; am L 1919, c 58, §1; am L 1923, c 229, §1; RL 1925, §2541; am L 1933, c 47, §1; RL 1935, §3790; am L 1935, c 177, §1; RL 1945, §9744; am L 1945, c 55, §1; am L 1949, c 387, §1; RL 1955, §219-4; am L 1957, c 235, §1; am L 1963, c 85, §3; HRS §607-4; am L 1968, c 61, §2; am L 1969, c 23, §1; am L 1970, c 188, §39; am L 1972, c 88, §5(d), (e), (f); am L 1973, c 55, §1; am L 1974, c 145, §6 and c 149, §1; am L 1975, c 112, §1; am L 1978, c 127, §1; am L 1979, c 111, §24; am L 1980, c 96, §1; am L 1984, c 52, §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 10, §1, c 58, §1, and c 281, §11; am L 1991, c 140, §2; am L 1998, c 128, §1; am L 1999, c 92, §1; am L 2001, c 214, §2; am L 2003, c 216, §2; am L 2004, c 202, §61 and c 231, §2; am L 2005, c 22, §42; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2012, c 142, §3; am L 2013, c 116, §§5, 25(4); am L 2015, c 101, §4 and c 125, §1; am L 2021, c 41, §5; am L 2022, c 91, §2 and c 278, §17]
Haw. Rev. Stat. § 604-7 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-7
Powers; venue.
Status: in_force

(a) The district courts may:

(1) Administer oaths;

(2) Subpoena and compel the attendance of witnesses from any part of the State, and compel the production of books, papers, documents, or tangible things;

(3) Enter final judgments; and alter or set aside any judgment within ten days following the date of its rendition or as provided by the rules of court;

(4) Enforce judgments; and punish contempts according to law;

(5) Issue garnishee summons which may be served and shall be operative as to the garnishee throughout the State;

(6) In a criminal case, alter, set aside, or suspend a sentence by way of mitigation or otherwise upon motion or plea of a defendant made within thirty days after imposition of the sentence.

Every witness duly subpoenaed as provided in this section shall be allowed the same attendance and mileage fees allowed witnesses subpoenaed before the circuit courts.

(b) Any document requiring the signature of a district judge, in any cause or proceeding whatsoever in a district court, may be signed without, as well as within, the boundaries of the circuit in which the court is situated.

(c) A summons or other writ issued by a district court may be served anywhere within the State. A summons or other writ issued by a district court may be served without the State in accordance with section 634-24, 634-25, 634-34, 634-35, or 634-36.

(d) Except as otherwise provided, civil actions shall be brought in the district court of the judicial circuit in which the defendant or a majority of the defendants reside or the claim for relief arose. The venue may be changed or the case transferred as provided by sections 604-7.3 and 604-7.4.

(e) The several district courts shall have power to make and award judgments, decrees, orders, and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given them by law or for the promotion of justice in matters pending before them. [L 1892, c 57, §12; RL 1925, §2275; am L 1925, c 145, §1; RL 1935, §3764; am L 1935, cc 23, 110, §1; am L 1937, c 19, §1; RL 1945, §9675; am L 1945, c 80, §2; am L 1951, c 278, §1; am L 1955, cc 40, 197, §1; RL 1955, §216-6; am L 1957, c 152, §1 and c 246, §1; am L 1963, c 108, §1; HRS §604-7; am L 1970, c 188, §15; am L 1971, c 144, §3; am L 1975, c 122, §1; am L 1983, c 249, §2; am L 2002, c 8, §1; am L 2011, c 171, §1]
Haw. Rev. Stat. § 603-13 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-13
REPEALED.
Status: in_force

L 1972, c 88, §3(t).
Haw. Rev. Stat. § 607-9 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-9
Cost charges exclusive; disbursements.
Status: in_force

[(a)] No other costs of court shall be charged in any court in addition to those prescribed in this chapter in any suit, action, or other proceeding, except as otherwise provided by law.

[(b)] All actual disbursements, including but not limited to, intrastate travel expenses for witnesses and counsel, expenses for deposition transcript originals and copies, and other incidental expenses, including copying costs, intrastate long distance telephone charges, and postage, sworn to by an attorney or a party, and deemed reasonable by the court, may be allowed in taxation of costs. In determining whether and what costs should be taxed, the court may consider the equities of the situation. [RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9749; RL 1955, §219-9; HRS §607-9; am L 1972, c 88, §5(n); am L 1989, c 4, §1]
Haw. Rev. Stat. § 607-5 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-5
Costs; circuit courts.
Status: in_force

(a) The fees prescribed by the schedule in this section shall be paid to the clerk of the circuit court as costs of court by the person instituting the action or proceeding, or offering the paper for filing, or causing the document to be issued or the services to be performed in the circuit court; provided that nothing in the schedule shall apply to cases of adults charged with commission of a crime, or to proceedings under section 571-11(1), (2), or (9), to proceedings under chapter 333F or 334, to small estates including decedents' estates and protection of property of minors and persons under disability when the amount payable is fixed by another statute ; provided further that the fees prescribed by subsection (c)(32) shall be deposited by the clerk of the circuit court into the judiciary computer system special fund pursuant to section 601-3.7 ; provided further that the fees prescribed by subsection (b)(1a) shall be deposited by the clerk of the circuit court as provided in section 667-53(a)(6).

For the purpose of this section, "judgment" includes a decree and any order from which an appeal lies.

SCHEDULE

In the application of this schedule, each case assigned a new number or filed under the number previously assigned to a probate, trust, guardianship, or conservatorship, shall carry a fee for the institution or transfer of the action or proceeding as prescribed by part I, and in addition the fees prescribed by part II unless otherwise provided.

(b) PART I

Action or proceeding, general:

(1) Civil action or special proceeding, unless another item in part I applies ................................ $200

(1a) Petition for conversion of nonjudicial foreclosure to judicial foreclosure ............................. $250

(2) Appeal to a circuit court ........................ $100

(3) Transfer of action to circuit court from district court, in addition to district court fees ............... $125

Trusts:

(4) Proceeding for (A) appointment of trustee; (B) appointment of successor; (C) resignation of trustee; (D) instructions; (E) approval of investment; (F) approval of sale, mortgage, lease, or other disposition of property; (G) approval of compromise of claim, for each such matter ................................................ $100

(5) Proceeding for (A) removal of trustee; (B) order requiring accounting; (C) invalidation of action taken by trustee; (D) termination of trust, for each such matter .... $100

(6) Accounting, this fee to be paid for each account filed and to include the settlement of the account ........... $10

(7) Vesting order .................. no charge under part I

(8) Allowance of fees of trustees, attorneys, or other fees for services incurred in a proceeding for which a fee has been paid under this section no charge under part I

(8a) Registration of a trust, or release of registration, under chapter 560 ....................................... $3

(9) Any other proceeding relating to a trust ........... $15

Conservatorship:

(10) Proceeding for (A) appointment; (B) appointment of successor; (C) resignation; (D) instructions, unless included in one of the foregoing proceedings; (E), (F), (G) approval of any matter listed in (E), (F), or (G) of item (4) in relation to a trust, for each such matter $100

(11) Proceeding of the nature listed in (A), (B), (C), or (D) of item (5) in relation to a trust, for each such matter ................................................. $15

(12) Accounting, same as provided by item (6) in relation to a trust ............................................ $10

(13) Any other proceeding relating to a

conservatorship ................ no charge under part I

Guardianship:

(13a) Guardianship, including all matters of the nature listed in items (4) to (9), whether in family or circuit court ................................................ $100

Probate (decedents' estates). These fees include all matters of the nature listed in items (4) to (9), without additional charge:

(14) Probate, administration, domiciliary foreign personal representative, or ancillary administration, this fee to be paid once only for each decedent's estate ...... $100

Family court cases:

(15) Matrimonial action (annulment, divorce, separation, or separate maintenance) ............................ $100

(16) Adoption ........................................ $100

(17) Guardianship, including all matters of the nature listed in items (4) to (9) .......... As provided in item (13a)

(18) Termination of parental rights, except determinations of parent-child relationship pursuant to section 584A-203 no charge under part I

(19) Determinations of parent-child relationship pursuant to section 584A-203 ................................. $100

(20) Any other family court proceeding, except motions or other pleadings in matrimonial, adoption, determinations of parent-child relationship pursuant to section 584A-203, and guardianship actions, but including without limitation custody proceedings even if in the form of an habeas corpus proceeding ................................. $15

(c) PART II

The fees prescribed by this part apply without exception.

Jury trial:

(21) Demand for jury trial, including without limitation probate cases, appeals to the circuit court, and cases transferred to the circuit court from the district court, this fee to be paid to the court in which the demand is filed by the party first making the demand........ $200

(22) Remand to district court in cases transferred to circuit court from district court on demand for jury trial, where jury trial is waived and a remand of such cases to district court is allowed.................................. $50

Miscellaneous:

(23) Filing of notice of appeal, to be paid in addition to the deposit of appeal costs.......................... $100

(24) Search of records by the clerk..................... $2

(25) Making of copy; comparing of copy with original; certification or authentication of notaries

..................... Fees prescribed by section 92-21

(26) Certification under seal of copy of pleading or other paper subsequent to the initial filing of the pleading or paper, except record on appeal..................... $1

(27) Exemplification, instead of item (26).............. $2

(28) Filing of copy of notice of completion of contract, with affidavit of publication........................... $3

(29) Filing of initial paper under section 507-43 by person asserting mechanic's or materialman's lien (this fee to be additional to the fee prescribed by part I for bringing an action under section 507-47)...................... $15

(30) Filing of any other paper not in a pending proceeding $3

(31) Printing, publishing, or posting notice; service fees; garnishee fees; mileage charges; or other services actually performed............... Amounts necessary to

cover actual costs or disbursements

(32) For administrative costs associated with the processing of all civil filings except those brought by the State or any of the various counties or political subdivisions of the State........................................... $50.

[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; am L 1941, c 229, pt of §1; RL 1945, §9745; am L 1945, c 94, §1; RL 1955, §219-5; am L 1957, c 316, §§14 to 22; am L 1966, c 22, §6; HRS §607-5; am L 1972, c 88, §5(g) to (j); am L 1974, c 145, §7; am L 1976, c 200, pt of §1; am L 1986, c 34, §1; am L 1990, c 34, §17; am L 1991, c 140, §3; am L 1998, c 128, §§2, 3; am L 1999, c 92, §2; am L 2003, c 216, §§3, 4; am L 2004, c 3, §1 as superseded by c 202, §62 and c 161, §35; am L 2006, c 20, §2 and c 94, § 1; am L 2010, c 109, § 1; am L 2011, c 48, § 15 ; am L 2012, c 182, §11; am L 2022, c 91, § 3; am L 2025, c 298, §23 ]
Haw. Rev. Stat. § 608-1 — HI Code / Division 4 / Title 32 / Chapter 608 / Section 608-1
Personnel and expenses of circuit courts.
Status: in_force

The State shall pay the expenses of the several circuit courts and the salaries of such officers and employees as may be required by such courts, including without prejudice to the generality of the foregoing, expenses of the family courts and agencies thereof. The judge or judges of the several circuit courts shall appoint such officers and employees as may be required by the courts and for which appropriations have been made by the legislature; provided that the officers and employees of the family court of the first circuit, including without prejudice to the generality of the foregoing probation officers, truant officers, and personnel of the detention home, shall be appointed by the judge of the family court under whose supervision the appropriations for the division shall be expended. Except as otherwise provided, the officers and employees shall be members of the civil service system of the State and shall be subject to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule. [RL 1935, 1st and last par of §3940; am L 1937, c 215, §3; am L Sp 1941, c 94, §1; RL 1945, §9771; am L 1945, c 35, §1 and c 142, §4; RL 1955, §220-1; am L 1965, c 232, §1; HRS §608-1; am L 1972, c 88, §7(a), (b); am L 2002, c 148, §43]
Haw. Rev. Stat. § 602-60 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-60
Subpoenas; oaths.
Status: in_force

The intermediate appellate court shall have the power to subpoena and compel the attendance of witnesses from any part of the State and to compel the production of books, papers, documents, or tangible things. Any judge of the intermediate appellate court may administer oaths.
Haw. Rev. Stat. § 607-7 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-7
Deposit and payment of fees and costs on appeal.
Status: in_force

[(a)] All fees and costs required to be paid upon the filing of a notice of appeal from a court shall be paid to the clerk of the court from which the appeal is taken. The clerk of the court shall immediately transmit a record of the payments and deposits, along with a copy of the notice of appeal, to the clerk of the supreme court. The required fees and costs for an appeal shall be payable only once upon the initial filing of the appeal. The deposit shall be made at the time of filing the notice of appeal.

[(b)] Where the appeal is from a governmental official or body other than a court, the required costs and fees for filing the appeal shall be made payable to the clerk of the court to which the appeal is taken and transmitted by the government official or body upon receipt to the clerk of the court to which the appeal is taken, along with a copy of the notice of appeal. If an appeal from a government official or body is taken directly to the intermediate appellate court, the required costs and fees for the appeal shall be payable only once, upon the initial filing of the appeal. [RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9747; RL 1955, §219-7; HRS §607-7; am L 1970, c 188, §29; am L 1972, c 88, §5(1); am L 1979, c 111, §5(3); am L 2004, c 3, §3 as superseded by c 202, §65; am L 2006, c 91, §5 and c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 603-22 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-22
REPEALED.
Status: in_force

L 1972, c 88, §3(t).
Haw. Rev. Stat. § 607-25 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-25
Actions based on failure to obtain government permit or approvals; attorney's fees and costs.
Status: in_force

(a) As used in this section, "development" includes:

(1) The placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

(2) The grading, removing, dredging, mining, pumping, or extraction of any liquid or solid materials; or

(3) The construction or enlargement of any structure requiring a discretionary permit.

(b) As used in this section, "development" does not include:

(1) The transfer of title, easements, covenants, or other rights in structures or land;

(2) The repair and maintenance of existing structures;

(3) The placement of a portable structure costing less than $500; or

(4) The construction of a structure which only required a building permit and for which a building permit could be granted without any discretionary agency permit or approval.

(c) For purposes of this section, the permits or approvals required by law shall include compliance with the requirements for permits or approvals established by chapters 6E, 46, 54, 171, 174C, 180C, 183, 183C, 184, 195, 195D, 205, 205A, 266, 342B, 342D, 342F, 342H, 342J, 342L, and 343 and ordinances or rules adopted pursuant thereto under chapter 91.

(d) For purposes of this section, compliance with the procedural requirements established by chapter 343 and rules pursuant to chapter 343 constitute a discretionary agency approval for development.

(e) In any civil action in this State where a private party sues for injunctive relief against another private party who has been or is undertaking any development without obtaining all permits or approvals required by law from government agencies:

(1) The court may award reasonable attorneys' fees and costs of the suit to the prevailing party;

(2) The court shall award reasonable attorneys' fees and costs of the suit to the prevailing party if the party bringing the civil action:

(A) Provides written notice, not less than forty days prior to the filing of the civil action, of any violation of a requirement for a permit or approval to:

(i) The government agency responsible for issuing the permit or approval which is the subject of the civil action;

(ii) The party undertaking the development without the required permit or approval; and

(iii) Any party who has an interest in the property at the development site recorded at the bureau of conveyances; and

(B) Posts a bond in the amount of $2,500 to pay the attorneys' fees and costs provided for under this section if the party undertaking the development prevails;

(3) Notwithstanding any provision to the contrary in this section, the court shall not award attorneys' fees and costs to any party if the party undertaking the development without the required permit or approval failed to obtain the permit or approval due to reliance in good faith upon a written statement, prepared prior to the suit on the development, by the government agency responsible for issuing the permit or approval which is the subject of the civil action, that the permit or approval was not required to commence the development. The party undertaking the development shall provide a copy of the written statement to the party bringing the civil action not more than thirty days after receiving the written notice of any violation of a requirement for a permit or approval; and

(4) Notwithstanding any provision to the contrary in this section, the court shall not award attorney's fees and costs to any party if the party undertaking the development applies for the permit or approval which is the subject of the civil action within thirty days after receiving the written notice of any violation of a requirement for a permit or approval and the party undertaking the development shall cease all work until the permit or approval is granted. [L 1986, c 80, §2; am L 1990, c 20, §1; am L 1995, c 69, §15; am L 1996, c 82, §6; am L 1997, c 2, §12]

Revision Note

Pursuant to §23G-15, in:

(1) Subsection (e)(1), (2)(A)(iii) and (B), and (3), punctuation changed; and

(2) Subsection (e)(2)(A)(iii) and (3), "and" added after ending punctuation.
Haw. Rev. Stat. § 613-3 — HI Code / Division 4 / Title 32 / Chapter 613 / Section 613-3
Board of advisors.
Status: in_force

(a) A board of advisors of the center for alternative dispute resolution, consisting of nine members, shall be appointed by the chief justice. The board shall:

(1) Foster greater understanding of the center and its purpose by government agencies and by the general public;

(2) Assist the center in disseminating information about the uses, applications, and advantages of alternative dispute resolution; and

(3) Strengthen the acceptance and utilization of alternative dispute resolution by government agencies and the public.

(b) The board of advisors shall include two representatives from the executive branch, two from the legal community, two from the Hawaii state association of counties, and three from the public at large. The board shall meet from time to time to review the center's work and to advise the chief justice and staff of the center regarding the use of alternative dispute resolution methods for matters involving or affecting government agencies and the general public. The board of advisors may add ex officio members as they deem beneficial or desirable to help achieve the center's purposes. All members of the board shall serve without pay. [L 1989, c 346, pt of §2; am L 1991, c 131, §1]
Haw. Rev. Stat. § 612-21 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-21
Jurors disqualified, exempted, or excused.
Status: in_force

Whenever a juror has been disqualified, exempted, or excused, that fact shall be noted, and the juror shall not be subject to service for the period of time commensurate with the nature and circumstances of the juror's disqualification, exemption, or excuse.
Haw. Rev. Stat. § 607-23 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-23
Fees of commissioners, appraisers, etc.
Status: in_force

Fees of commissioners and appraisers shall be such as the court deems just and reasonable, together with actual and necessary traveling expenses at the same rate paid for traveling expenses to witnesses subpoenaed, and all actual disbursements for surveying, plans, etc. [RL 1935, pt of §3793; am L 1941, c 293, §1; RL 1945, §9761; am L 1945, c 37, §2; RL 1955, §219-22; am L 1963, c 85, §3; HRS §607-23; am L 1972, c 88, §5(v)]
Haw. Rev. Stat. § 602-8 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-8
Terms.
Status: in_force

The supreme court shall be deemed to be in continuous session. The court shall be deemed always open for filing papers, issuing and returning process, and issuing orders.
Haw. Rev. Stat. § 604-8 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-8
Criminal, misdemeanors, generally.
Status: in_force

(a) District courts shall have jurisdiction of, and their criminal jurisdiction is limited to, criminal offenses punishable by fine, or by imprisonment not exceeding one year whether with or without fine. They shall not have jurisdiction over any offense for which the accused cannot be held to answer unless on a presentment or indictment of a grand jury.

In any case cognizable by a district court under this section in which the accused has the right to a trial by jury in the first instance, the district court, upon demand by the accused for a trial by jury, shall not exercise jurisdiction over the case, but shall examine and discharge or commit for trial the accused as provided by law; provided that, if in any such case the accused does not demand a trial by jury on the date of arraignment or within ten days thereafter, the district court may exercise jurisdiction over the case, subject to the right of appeal as provided by law.

(b) The district court shall have concurrent jurisdiction with the family court of any violation of an order issued pursuant to chapter 586 or any violation of section 709-904, 709-905, or 709-906 when multiple offenses are charged and at least one other offense is a criminal offense within the jurisdiction of the district courts. [L 1896, c 40, §1; am L 1901, c 2, §1; RL 1925, §2276; RL 1935, §3765; RL 1945, §9676; RL 1955, §216-7; am L 1957, c 37, §1; HRS §604-8; am L 1970, c 188, §16; am L 1971, c 144, §6A; am L 1992, c 253, §4; am L 1998, c 64, §3; am L 1999, c 20, §1; am L 2001, c 157, §34; am L 2017, c 188, §2]
Haw. Rev. Stat. § 604-1 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-1
Judicial circuits; district judges; sessions.
Status: in_force

(a) There shall be established in each of the judicial circuits of the State a district court with the powers and under the conditions herein set forth, which shall be styled as follows:

(1) For the First Judicial Circuit: The District Court of the First Circuit;

(2) For the Second Judicial Circuit: The District Court of the Second Circuit;

(3) For the Third Judicial Circuit: The District Court of the Third Circuit; and

(4) For the Fifth Judicial Circuit: The District Court of the Fifth Circuit.

(b) There shall be appointed one or more district judges for each judicial circuit. The district court of the first circuit shall consist of fifteen judges, who shall be styled as first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, and fifteenth judge, respectively. One of the district judges shall hear landlord-tenant and small claims matters; provided that when in the discretion of the chief justice of the supreme court the urgency or volume of cases so requires, the chief justice may authorize the judge to substitute for or act in addition to or otherwise in place of any other district judge of the district court of the first circuit. The district court of the second circuit shall consist of three judges, who shall be styled as first, second, and third judge, respectively. The district court of the third circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, respectively. The district court of the fifth circuit shall consist of two judges who shall be styled as first and second judge, respectively. The chief justice may designate a judge in each circuit as the administrative judge for the circuit.

(c) The district courts shall hold sessions at any place in their respective circuits and as often as the respective district judges deem essential to the promotion of justice. [L 1892, c 57, §8; am L 1892, c 76, §2; am L 1905, c 61, §1; am L 1909, c 38, §1; am L 1915, c 203, §1; am L 1917, c 224, §1; am L 1919, c 108, §1; RL 1925, §2272; RL 1935, §3760; am L 1943, c 10, §1 and c 156, §2; RL 1945, §9671; am L 1945, c 80, §1; am L 1947, c 173, §1; RL 1955, §216-1; am L 1959, c 6, §2; HRS §604-1; am L 1970, c 188, §8; am L 1974, c 114, §1; am L 1976, c 135, §1; am L 1978, c 177, §2; am L 1979, c 16, §3; am L 1982, c 214, §3; gen ch 1985; am L 2025, c 231, §1 and c 232, §1]
Haw. Rev. Stat. § 612-60 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-60
Grand jury counsel; court review.
Status: in_force

If the court finds that the grand jury counsel has provided the grand jury erroneous counsel or has acted improperly, the court may require that the grand jury be given the corrected advice or shall be advised as to improper action, and shall then continue the case.
Haw. Rev. Stat. § 601-3.7 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-3.7
Judiciary computer system special fund.
Status: in_force

(a) There shall be established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following:

(1) Moneys collected from administrative fees pursuant to section 287-3(a);

(2) Fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data; and

(3) Fees pursuant to sections 291D-9(d), 607-4(b)(10), and 607-5(c)(32).

(b) The fund shall be used for:

(1) Consulting and other related fees and expenses in the selection, implementation, programming, and subsequent upgrades in judiciary computer system for a statewide computer system; and

(2) The purchase of hardware and related software for a judiciary computer system.

(c) The fund may be used for other expenses relating to new technology in traffic enforcement and civil, criminal, and appellate case processing and management, including operations and maintenance.

(d) Moneys in the judiciary computer system special fund shall not revert to the general fund. [L 1996, c 203, §§2, 9; am L 1999, c 299, §1; am L 2003, c 216, §1; am L 2004, c 230, §§2, 6 and c 231, §1; am L 2006, c 21, §1; am L 2011, c 60, §1; am L 2025, c 243, §31]
Haw. Rev. Stat. § 602-11 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-11
Rules.
Status: in_force

The supreme court shall have power to promulgate rules in all civil and criminal cases for all courts relating to process, practices, procedure and appeals, which shall have the force and effect of law. Such rules shall not abridge, enlarge, or modify the substantive rights of any litigant, nor the jurisdiction of any of the courts, nor affect any statute of limitations.

Whenever in a statute it is provided that the statute is applicable "except as otherwise provided," or words to that effect, these words shall be deemed to refer to provisions of the rules of court as well as other statutory provisions. [L 1939, c 215, §1; RL 1945, §9614; RL 1955, §214-14; HRS §602-21; am L 1972, c 88, §2(g); ren L 1979, c 111, pt of §2]
Haw. Rev. Stat. § 606-14 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-14
Bailiffs.
Status: in_force

The judge of the circuit court of each judicial circuit or division may appoint a person to be known as "court officer and bailiff" or "special court officer". Each of the persons so appointed shall be removable by the judge by whom the person is appointed, except as otherwise provided. In the first circuit one of the persons so appointed shall be designated as "chief court officer and bailiff", and another as "assistant chief court officer and bailiff".

The court officers and bailiffs or special court officers shall attend upon the trial of causes, keep order in the courtroom and judiciary building, serve notices and other process of the court as directed by any judge of the court, summon jurors and under the supervision of the respective courtroom clerks, have custody over juries and perform any other duties in and around the court as shall be from time to time required of them by the presiding judges or by rule of court. They shall be in attendance during all sessions of the court and perform other duties during business hours or during emergencies as may be required of them by the respective judges, absenting themselves only upon special permission from the judge presiding in the court or from the chief court officer and bailiff.

They shall receive for their services salaries as provided by law. They shall not be entitled to any fees for the service of process or for the performance of any other service, but where fees are chargeable by law for such services, such fees shall become a general governmental realization. If required to serve any notice or process they shall be entitled to reimbursement for reasonable actual expenses for transportation, to be paid out of circuit court expenses, in such sums as may be approved by a judge of the court.

In the performance of their duties they shall have the general powers of a police officer, including all of the authority, powers, and duties as set forth in chapter 803; provided they shall not interfere with the work of the sheriff, the chiefs of police or their deputies in the service of any process for which fees are paid.

An appointee under this section who, at the time of the appointment, is a member of any pension or retirement fund provided by law shall continue as such member after the appointment with the same rights to prior and subsequent service credit as if the appointee had remained in the service of the State or county in any former service. [L 1941, c 332, §1; RL 1945, §9734; am L 1945, c 249, §1; RL 1955, §218-14; am L 1963, c 85, §3; HRS §606-14; am L 1972, c 88, §4(m); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 604A — HI Code / Division 4 / Title 32 / Chapter 604A / Section 604A
‑1] Environmental courts; establishment.
Status: in_force

[§604A‑1] Environmental courts; establishment. (a) The environmental courts shall be created as divisions of the circuit courts and district courts of the State and shall not be deemed to be other courts as that term is used in the state constitution. An environmental court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective environmental courts.

(b) The chief justice of the supreme court shall designate an environmental judge or judges for each circuit and for a district court in each circuit, as may be necessary; provided that if the volume of environmental cases in the circuit or district in which an environmental judge presides is not adequate to provide an environmental court judge with a full-time docket, the judge may hear cases arising from other areas of law. In any circuit that has more than one judge designated for the environmental court, the chief justice shall designate one of the judges as senior judge. The chief justice may temporarily assign an environmental court judge to preside in another circuit when the chief justice determines that the urgency of one or more cases in the circuit court or district court or the volume of the cases in the circuit court or district court so requires. [L 2014, c 218, pt of §2][§604A‑3] Rules. The supreme court shall adopt rules regarding the administration, operation, and procedures of the environmental courts.
Haw. Rev. Stat. § 601-3.5 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-3.5
Supreme court law library revolving fund.
Status: in_force

There is established a revolving fund for the statewide supreme court law library system into which shall be deposited all fines, fees, and other revenue derived from the system's operations. Moneys deposited in this fund may be expended to replace or repair lost, damaged, stolen, unreturned, or outdated books, serials, periodicals, and other library materials, or to support and improve library services.
Haw. Rev. Stat. § 607-22 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-22
REPEALED.
Status: in_force

L 1972, c 88, §5(x).
Haw. Rev. Stat. § 605-14 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-14
Unauthorized practice of law prohibited.
Status: in_force

It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States. Nothing in sections 605-14 to 605-17 contained shall be construed to prohibit the preparation or use by any party to a transaction of any legal or business form or document used in the transaction.
Haw. Rev. Stat. § 604-3 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-3
Disqualification, absence, vacancy.
Status: in_force

Whenever it is advisable, by reason of a vacancy in the office of district judge of any circuit, or by reason of the disqualification of any district judge, or the district judge's inability to attend to the district judge's duties by reason of illness or temporary absence, or for any other reason, the chief justice of the supreme court may designate the district judge of any other circuit, or any district family judge of any circuit, to hear and determine any and all matters then or thereafter pending in the district court to which the district judge or district family judge is called for such purpose, and while so engaged, the district judge or district family judge shall have and exercise all of the powers of a regularly appointed judge of the circuit to which the district judge or district family judge is called.
Haw. Rev. Stat. § 605-5 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-5
License fee.
Status: in_force

The clerk of the supreme court shall exact from every practitioner, upon the practitioner's receiving a license, an admission fee of $10, for the benefit of the State. [CC 1859, §1073; RL 1925, §2308; RL 1935, §3607; RL 1945, §9705; RL 1955, §217-5; HRS §605-5; gen ch 1985]
Haw. Rev. Stat. § 612-26 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-26
Use of electronic or other means for drawing grand and trial juries.
Status: in_force

Selections of citizens who are subject to jury duty and drawings of jury lists, may be made by electronic data processing or any other method to ensure random selection of jurors and implement the purposes of this chapter.
Haw. Rev. Stat. § 602-58 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-58
Application for transfer to the supreme court.
Status: in_force

(a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:

(1) A question of imperative or fundamental public importance;

(2) An appeal from a decision of any court or agency when appeals are allowed by law:

(A) Invalidating an amendment to the state constitution; or

(B) Determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or

(3) A sentence of life imprisonment without the possibility of parole.

(b) The supreme court, in a manner and within the time provided by the rules of court, may grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:

(1) A question of first impression or a novel legal question; or

(2) Issues upon which there is an inconsistency in the decisions of the intermediate appellate court or of the supreme court.

(c) The grant or denial of an application for transfer under subsection (b) shall be discretionary and shall not be subject to further review. Denial of an application for transfer under subsection (b) shall not prejudice a later application for a writ of certiorari. [L 1979, c 111, pt of §3; am L 2004, c 202, §58; am L 2006, c 93, §1 and c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 607-14.7 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-14.7
Attorney's fees, costs, and expenses; judgment creditors.
Status: in_force

In addition to any other attorney's fees, costs, and expenses, which may or are required to be awarded, and notwithstanding any law to the contrary, the court in any civil action may award to a judgment creditor, from a judgment debtor, reasonable attorney's fees, costs, and expenses incurred by the judgment creditor in obtaining or attempting to obtain satisfaction of a money judgment, whether by execution, examination of judgment debtor, garnishment, or otherwise. The court may award attorney's fees that it determines are reasonable, but shall not award fees in excess of the following schedule:

(1) Twenty-five per cent on the first $1,000 or fraction thereof;

(2) Twenty per cent on the second $1,000 or fraction thereof;

(3) Fifteen per cent on the third $1,000 or fraction thereof;

(4) Ten per cent on the fourth $1,000 or fraction thereof;

(5) Five per cent on the fifth $1,000 or fraction thereof; and

(6) 2.5 per cent on any amount in excess of $5,000.

The fees shall be assessed on the amount of judgment, exclusive of costs and all other attorney's fees. [L 1985, c 288, §2; am L 2016, c 55, §22]
Haw. Rev. Stat. § 612-9 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-9
Certificate for jury pay.
Status: in_force

At least once each month, the clerk shall certify the number of days each juror or prospective juror has attended court and the amount due to the juror or prospective juror.
Haw. Rev. Stat. § 605-12 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-12
REPEALED.
Status: in_force

L 1972, c 184, §1(j).
Haw. Rev. Stat. § 612-19 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-19
Summoning of prospective jurors.
Status: in_force

(a) When so ordered by the court, the clerk shall transmit to the chief of police or a bailiff the names of prospective jurors to be summoned. The chief of police or bailiff, either personally or through an authorized subordinate, shall summon the persons named to attend the court by giving personal notice to each of the time and place of required appearance as fixed by order of the court. The court may order the summoning of prospective jurors by any officer of the court, and the service of summons by any form of personal notice, including notice by telephone.

(b) A prospective juror who, wilfully or without reasonable excuse, fails to attend after receipt of a summons by the court may be arrested and punished for contempt.

(c) The clerk may place in the qualified jury wheel for further service in the ensuing jury year the name of any prospective juror who wilfully or without reasonable excuse failed to attend after receipt of a summons by the court. [L 1973, c 191, pt of §1; am L 1996, c 136, §2; am L 2007, c 122, §14]
Haw. Rev. Stat. § 612-16 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-16
Grand jury.
Status: in_force

(a) The court shall order one or more grand juries to be impaneled at such times as the public interest requires; provided that there shall be an annual initial impaneling not later than January 15.

(b) For the impaneling of a grand jury, the prospective jurors on a certified list of grand jurors shall be summoned and the names of those who are present, and not disqualified, exempted, or excused, shall be placed in an appropriate container from which a drawing by lot shall be conducted in order to draw a sufficient number of names to constitute a grand jury. A sufficient number of additional names on a certified list, as determined by the court, shall be drawn so that alternate grand jurors may be designated to serve as grand jurors in case of any vacancy occurring on a grand jury. The drawing shall be made in open court in the presence of the judge, no earlier than one week after a publication of notice of the time and place of drawing in a newspaper of general circulation published within the circuit for which the grand jury is drawn; provided that if there is no such newspaper, then after at least one week's posting of such notice in at least three conspicuous places in the circuit.

(c) A certificate listing the names of the grand jurors and alternate grand jurors, and stating the essential facts of the drawing, signed by the judge and attested by the clerk, shall be filed.

(d) The grand jury, being impaneled and sworn, shall be charged by the court. The alternate grand jurors shall also be sworn and charged by the court, but shall not be impaneled. In charging the grand jurors and alternate grand jurors, the court shall give them such information as it may deem proper as to their duties and as to the law pertaining to such cases as may come before them. The court may further charge the grand jurors and alternate grand jurors from time to time, as it may deem necessary.

(e) Effective January 2, 1992, for the courts of the first circuit of the State of Hawaii, and effective January 2, 1993, for the courts of all other circuits of the State, a grand jury shall serve for a period of one year after being impaneled, unless sooner discharged by the court; provided that a grand jury may sit beyond the one-year period to complete any matter for which the grand jury was impaneled. [L 1973, c 191, pt of §1; am L 1987, c 366, §9; am L 2007, c 122, §11]
Haw. Rev. Stat. § 607-14 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-14
Attorneys' fees in actions in the nature of assumpsit, etc.
Status: in_force

In all the courts, in all actions in the nature of assumpsit and in all actions on a promissory note or other contract in writing that provides for an attorney's fee, there shall be taxed as attorneys' fees, to be paid by the losing party and to be included in the sum for which execution may issue, a fee that the court determines to be reasonable; provided that the attorney representing the prevailing party shall submit to the court an affidavit stating the amount of time the attorney spent on the action and the amount of time the attorney is likely to spend to obtain a final written judgment, or, if the fee is not based on an hourly rate, the amount of the agreed upon fee. The court shall then tax attorneys' fees, which the court determines to be reasonable, to be paid by the losing party; provided that this amount shall not exceed twenty-five per cent of the judgment.

Where the note or other contract in writing provides for a fee of twenty-five per cent or more, or provides for a reasonable attorney's fee, not more than twenty-five per cent shall be allowed.

Where the note or other contract in writing provides for a rate less than twenty-five per cent, not more than the specified rate shall be allowed.

Where the note or other contract in writing provides for the recovery of attorneys' fees incurred in connection with a prior debt, those attorneys' fees shall not be allowed in the immediate action unless there was a writing authorizing those attorneys' fees before the prior debt was incurred. "Prior debt" for the purposes of this section is the principal amount of a debt not included in the immediate action.

The above fees provided for by this section shall be assessed on the amount of the judgment exclusive of costs and all attorneys' fees obtained by the plaintiff, and upon the amount sued for if the defendant obtains judgment.

Nothing in this section shall limit the recovery of reasonable attorneys' fees and costs by a planned community association and its members in actions for the collection of delinquent assessments, the foreclosure of any lien, or the enforcement of any provision of the association's governing documents, or affect any right of a prevailing party to recover attorneys' fees in excess of twenty-five per cent of the judgment pursuant to any statute that specifically provides that a prevailing party may recover all of its reasonable attorneys' fees. "Planned community association" for the purposes of this section means a nonprofit homeowners or community association existing pursuant to covenants running with the land. [L 1872, c 29, §5; RL 1925, §2551; RL 1935, §3800; am L 1935, c 26, §1; RL 1945, §9754; RL 1955, §219-14; HRS §607-14; am L 1972, c 88, §5(q); am L 1993, c 200, §1; am L 1994, c 74, §1; am L 1997, c 132, §2]
Haw. Rev. Stat. § 612-2 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-2
Prohibition of discrimination.
Status: in_force

A citizen shall not be excluded from jury service in this State on account of race, color, religion, sex, including gender identity or expression, national origin, economic status, or physical disability, except as provided in section 612-4(b)(1).
Haw. Rev. Stat. § 607-5.6 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-5.6
Surcharge for parent education for separating parties in matrimonial actions, where either party has a minor child, and for parties in parentage actio
Status: in_force

(a) In addition to the fees prescribed under section 607-5 for a matrimonial action where either party has a minor child, or a family court proceeding under chapter 584A, the court shall collect a surcharge of $50 at the time of filing the initial complaint or petition. In cases where the surcharge has been initially waived, the court may collect the surcharge subsequent to the filing with the surcharge to be assessed from either party or apportioned between both parties.

(b) No surcharge shall be assessed:

(1) Against any party who has received an initial waiver of filing fees, except that the court may subsequently determine that a party has the financial ability to pay the surcharge; or

(2) Against any party proceeding on behalf of the State or any of the various counties.

(c) Surcharges subject to this section shall be limited to one surcharge per case.

(d) There is established within the state treasury the parent education special fund into which shall be deposited revenues assessed under subsection (a), interest and investment earnings, grants, donations, and contributions from private or public sources. The fund shall be administered by the judiciary, subject to the conditions specified in subsection (e).

(e) The special fund shall be used solely for expenditures related to providing education on all islands for separating parents in matrimonial actions and parties in parentage actions and their minor children. Revenues deposited into the special fund may be used for existing or enhanced parent education programs administered by the judiciary, or for grants or purchases of service pursuant to chapter 42F. All appropriations or authorizations from the special fund shall be expended by the judiciary.

(f) The judiciary shall submit an annual financial report to the legislature, prior to the convening of each regular session, which shall include an accounting of all deposits and expenditures from the fund. [L 1997, c 274, §2; am L 2003, c 41, §1; am L 2025, c 298, §24]
Haw. Rev. Stat. § 602-5 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-5
Jurisdiction and powers; filing.
Status: reserved

(a) Except as otherwise provided, the supreme court shall have jurisdiction and powers as follows:

(1) To hear and determine all questions of law, or of mixed law and fact, which are properly brought before it by application for a writ of certiorari to the intermediate appellate court or by transfer as provided in this chapter;

(2) To answer, in its discretion, any question of law reserved by a circuit court, the land court, or the tax appeal court, or any question or proposition of law certified to it by a federal district or appellate court if the supreme court shall so provide by rule;

(3) To exercise original jurisdiction in all questions arising under writs directed to courts of inferior jurisdiction and returnable before the supreme court, or if the supreme court consents to receive the case arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices; and such other original jurisdiction as may be expressly conferred by law;

(4) To issue writs of habeas corpus, or orders to show cause as provided by chapter 660, returnable before the supreme court or a circuit court, and any justice may issue writs of habeas corpus or such orders to show cause, returnable as above stated;

(5) To make or issue any order or writ necessary or appropriate in aid of its jurisdiction, and in such case, any justice may issue a writ or an order to show cause returnable before the supreme court; and

(6) To make and award such judgments, decrees, orders and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to it by law or for the promotion of justice in matters pending before it.

(b) All cases addressed to the jurisdiction of the supreme court or of the intermediate appellate court shall be filed with the clerk of the supreme court as provided by the rules of court. The clerk shall maintain the record of each case whether addressed to the jurisdiction of the supreme court or the jurisdiction of the intermediate appellate court. [L 1892, c 57, §51; RL 1925, §2224; RL 1935, §3593; RL 1945, §9604; RL 1955, §214-4; HRS §602-5; am L 1972, c 88, §2(b); am L 1979, c 111, pt of §2; gen ch 1985; am L 1986, c 199, §1; am L 2004, c 202, §55; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2016, c 48, §§10, 14; am L 2017, c 99, §1; am L 2019, c 213, §1]
Haw. Rev. Stat. § 601-15 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-15
Style of process.
Status: in_force

The style of process in the state courts shall run in the name of "The State of Hawaii", and all prosecutions shall be carried on in the name and by the authority of the State of Hawaii. [L Sp 1959 1st, c 5, §7; Supp, §213-12; HRS §601-15; am L 1972, c 88, §1(g)]
Haw. Rev. Stat. § 604-11 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-11
Jurisdiction of district courts; ordinances.
Status: in_force

Jurisdiction is conferred upon the district courts to try all cases arising from the violation of ordinances in force in the counties and to impose the penalties in such ordinances prescribed for such offenses in like manner as their original jurisdiction is exercised under the general law.
Haw. Rev. Stat. § 605-2 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-2
Attorneys; license required.
Status: in_force

Except as provided by the rules of court, no person shall be allowed to practice in any court of the State unless that person has been duly licensed so to do by the supreme court; provided that nothing in this chapter shall prevent any person, plaintiff, defendant, or accused, from appearing in person before any court, and there prosecuting or defending that person's, plaintiff's, defendant's, or accused's own cause, without the aid of legal counsel; provided further that in the district courts sections 605-13 and 633-28 shall apply. [CC 1859, §1068; RL 1925, §2305; RL 1935, §3604; RL 1945, §9702; RL 1955, §217-2; HRS §605-2; am L 1972, c 184, §1(b); am L 1989, c 140, §4; gen ch 1992]
Haw. Rev. Stat. § 612-3 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-3
Definitions.
Status: in_force

As used in this chapter:

"Circuit" refers to a judicial circuit, as specified in section 603-1.

"Clerk" and "clerk of the court" means the chief court administrator for a circuit, any authorized deputy chief court administrator, and any other person designated by the chief court administrator or the court to perform the functions under this chapter.

"Court" means the circuit and district courts of this State, and includes, when the context requires, any judge of the court. When there is an administrative judge, any administrative powers granted by this chapter may be exercised by that judge or the judge's designee, unless otherwise provided.

"Disability" means the state of having a physical or mental impairment that substantially limits one or more of a person's major life activities, having a record of such an impairment, or being regarded as having such an impairment.

"Felony" means a crime as defined in section 701-107(2).

"Jury wheel" means any physical device or electronic system for the storage of the names or identifying numbers of prospective jurors.

"Name", when used in connection with prospective jurors, includes identifying numbers of the jurors. [L 1973, c 191, pt of §1; am L 1976, c 159, §10; gen ch 1985; am L 1993, c 104, §1; am L 2007, c 122, §2]
Haw. Rev. Stat. § 613-4 — HI Code / Division 4 / Title 32 / Chapter 613 / Section 613-4
Annual report.
Status: in_force

The center shall submit a report on its activities to the legislature at least twenty days prior to the convening of each regular legislative session.
Haw. Rev. Stat. § 603-21.5 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-21.5
General.
Status: in_force

(a) The several circuit courts shall have jurisdiction, except as otherwise expressly provided by statute, of:

(1) Criminal offenses cognizable under the laws of the State, committed within their respective circuits or transferred to them for trial by change of venue from some other circuit court;

(2) Actions for penalties and forfeitures incurred under the laws of the State;

(3) Civil actions and proceedings, in addition to those listed in sections 603-21.6, 603-21.7, and 603-21.8; and

(4) Actions for impeachment of county officers who are subject to impeachment.

(b) The several circuit courts shall have concurrent jurisdiction with the family court over:

(1) Any felony under section 571-14, violation of an order issued pursuant to chapter 586, or a violation of section 709-906 when multiple offenses are charged through complaint or indictment and at least one other offense is a criminal offense under subsection (a)(1);

(2) Any felony under section 571-14 when multiple offenses are charged through complaint or indictment and at least one other offense is a violation of an order issued pursuant to chapter 586, a violation of section 709-903.5, 709-904, 709-905, or 709-906, or a misdemeanor under the jurisdiction of section 604-8;

(3) Any violation of section 711-1106.4; and

(4) Guardianships and related proceedings concerning incapacitated adults pursuant to article V of chapter 560. [L 1972, c 88, §3(i); am L 1998, c 64, §2; am L 2004, c 18, §2 and c 161, §33; am L 2008, c 107, §2; am L 2017, c 188, §1]

Revision Note

Subsection (b)(4) redesignated pursuant to §23G-15.
Haw. Rev. Stat. § 603-42 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-42
REPEALED.
Status: in_force

L 1972, c 88, §3(t).
Haw. Rev. Stat. § 602-12 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-12
§§602-12, 602-13, and 602-16 REPEALED.
Status: repealed

§§602-12, 602-13, and 602-16 REPEALED. L 1972, c 88, §2(h).
Haw. Rev. Stat. § 612-8 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-8
Pay of jurors; mileage fee; bus fare; parking violations exemption.
Status: in_force

(a) Each juror or prospective juror shall be paid $30 for each day of actual attendance at court. In addition, each juror or prospective juror shall be paid the higher of either:

(1) 33 cents for each mile actually and necessarily traveled in going to and from court; or

(2) The cost of an adult bus fare to and from the court.

A person who appears at the time for which that person is summoned to court for jury duty may be allowed the mileage fee or bus fare although the person, upon that person's request, is subsequently excused or exempted from jury service.

(b) In the discretion of the court, any juror who incurs expenses for transportation, board, and lodging as a result of the distance the juror resides from the location of the court, may be reimbursed for actual expenses.

(c) All jurors or prospective jurors shall be exempt from any prosecution, penalty, or fine as a result of a parking violation committed in connection with the juror or prospective juror appearing at court for jury duty; provided that the juror or prospective juror shall present any parking citation received during this time to the court clerk of the circuit court or district court or the jury pool clerk, as appropriate, who shall verify that the juror or prospective juror was serving on jury duty or appearing in court in response to a summons for jury duty at the time the citation was received. The clerk of the circuit court or district court or the jury pool clerk, as appropriate, shall keep an attendance roll in which shall be entered each juror's or prospective juror's name, each date the juror or prospective juror was summoned and appeared for jury duty, and the date the juror or prospective juror was discharged from service. The supreme court shall adopt rules necessary to effect this section. [L 1973, c 191, pt of §1; am L 1974, c 147, §1; am L 1985, c 261, §1; am L 1986, c 251, §1; am L 1988, c 189, §1 and c 281, §1; am L 1993, c 104, §2; am L 2007, c 122, §5; am L 2015, c 17, §1]
Haw. Rev. Stat. § 603-29 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-29
Order to show cause.
Status: in_force

Whenever a complaint has been filed in circuit court alleging leased or rented personal property the value of which is $5,000 or more, has been retained by the defendant 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 plaintiff may petition the court for an order to show cause.

Upon the filing of the petition with a copy of the 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 the termination 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 ten 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 circuit courts, or by registered mail or by certified mail with return receipt showing delivery within the circuit. [L 1980, c 171, §5; am L 1981, c 176, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §1; am L 2013, c 116, §§3, 25(2); am L 2015, c 101, §4; am L 2021, c 41, §3; am L 2022, c 278, §17]
Haw. Rev. Stat. § 607-13 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-13
Costs; defendant's traveling expenses taxable items in certain events.
Status: in_force

Whenever any cause or proceeding, other than criminal, probate, or divorce, is discontinued or dismissed in any court, the defendant therein shall be entitled to have the defendant's traveling expenses, to be charged at the rate of 10 cents a mile each way in going to and returning from the court, taxed as costs.
Haw. Rev. Stat. § 607-19 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-19
REPEALED.
Status: in_force

L 1976, c 200, pt of §1.
Haw. Rev. Stat. § 607-14.9 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-14.9
Actions to enforce covenants not to compete.
Status: in_force

In a civil action which involves the interpretation or enforcement of an agreement or alleged agreement which purportedly restricts an employee from competing with an employer, or former employer, or working for a competitor of an employer or former employer, any employee or former employee who prevails shall be awarded reasonable attorneys' fees and costs.
Haw. Rev. Stat. § 604-10.5 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-10.5
Power to enjoin and temporarily restrain harassment.
Status: in_force

(a) For the purposes of this section:

"Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose.

"Harassment" means:

(1) Physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault; or

(2) An intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual and serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer emotional distress.

(b) The district courts shall have the power to enjoin, prohibit, or temporarily restrain harassment.

(c) Any person who has been subjected to harassment may petition the district court for a temporary restraining order and an injunction from further harassment in the district in which:

(1) The petitioner resides or is temporarily located;

(2) The respondent resides; or

(3) The harassment occurred.

(d) A petition for relief from harassment shall be in writing and shall allege that a past act or acts of harassment may have occurred or that threats of harassment make it probable that acts of harassment may be imminent; and shall be accompanied by an affidavit made under oath or statement made under penalty of perjury stating the specific facts and circumstances for which relief is sought.

(e) Upon petition to a district court under this section, the court may allow a petition, complaint, motion, or other document to be filed identifying the petitioner as "jane doe" or "john doe"; provided that the court finds that the "jane doe" or "john doe" filing is reasonably necessary to protect the privacy of the petitioner and will not unduly prejudice the prosecution or the defense of the action.

In considering a petition requesting a "jane doe" or "john doe" filing, the court shall weigh the petitioner's interest in privacy against the public interest in disclosure.

The court, only after finding clear and convincing evidence that would make public inspection inconsistent with the purpose of this section, may seal from the public all documents or portions of documents, including all subsequently filed documents, that would identify the petitioner or contain sufficient information from which the petitioner's identity could be discerned or inferred. Access to identifying information may be permitted to law enforcement or other authorized authority, in the course of conducting official business, to effectuate service, enforcement, or prosecution, or as ordered by the courts.

(f) Upon petition to a district court under this section, the court may temporarily restrain the person or persons named in the petition from harassing the petitioner upon a determination that there is probable cause to believe that a past act or acts of harassment have occurred or that a threat or threats of harassment may be imminent. The court may issue an ex parte temporary restraining order either in writing or orally; provided that oral orders shall be reduced to writing by the close of the next court day following oral issuance.

(g) A temporary restraining order that is granted under this section shall remain in effect at the discretion of the court for a period not to exceed ninety days from the date the order is granted, including, in the case where a temporary restraining order restrains any party from harassing a minor, for a period extending to a date after the minor has reached eighteen years of age. A hearing on the petition to enjoin harassment shall be held within fifteen days after the temporary restraining order is granted. If service of the temporary restraining order has not been effected before the date of the hearing on the petition to enjoin, the court may set a new date for the hearing; provided that the new date shall not exceed ninety days from the date the temporary restraining order was granted.

The parties named in the petition may file or give oral responses explaining, excusing, justifying, or denying the alleged act or acts of harassment. The court shall receive all evidence that is relevant at the hearing and may make independent inquiry.

If the court finds by clear and convincing evidence that harassment as defined in paragraph (1) of that definition exists, it may enjoin for no more than three years further harassment of the petitioner, or that harassment as defined in paragraph (2) of that definition exists, it shall enjoin for no more than three years further harassment of the petitioner, including, in the case where any party is enjoined from harassing a minor, for a period extending to a date after the minor has reached eighteen years of age; provided that this subsection shall not prohibit the court from issuing other injunctions against the named parties even if the time to which the injunction applies exceeds a total of three years.

Any order issued under this section shall be served upon the respondent. For the purposes of this section, "served" means actual personal service, service by certified mail, or proof that the respondent was present at the hearing at which the court orally issued the injunction.

Where service of a restraining order or injunction has been made or where the respondent is deemed to have received notice of a restraining order or injunction order, any knowing or intentional violation of the restraining order or injunction order shall subject the respondent to the provisions in subsection (i).

Any order issued shall be transmitted to the chief of police of the county in which the order is issued by way of regular mail, facsimile transmission, or other similar means of transmission.

(h) The court may grant the prevailing party in an action brought under this section costs and fees, including attorney's fees.

(i) A knowing or intentional violation of a restraining order or injunction issued pursuant to this section is a misdemeanor. The court shall sentence a violator to appropriate counseling and shall sentence a person convicted under this section as follows:

(1) For a violation of an injunction or restraining order that occurs after a conviction for a violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours; and

(2) For any subsequent violation that occurs after a second conviction for violation of the same injunction or restraining order, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days.

The court may suspend any jail sentence, except for the mandatory sentences under paragraphs (1) and (2), upon appropriate conditions, such as that the defendant remain alcohol- and drug-free, conviction-free, or complete court-ordered assessments or counseling. The court may suspend the mandatory sentences under paragraphs (1) and (2) where the violation of the injunction or restraining order does not involve violence or the threat of violence. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense.

(j) Nothing in this section shall be construed to prohibit constitutionally protected activity. [L 1986, c 69, §1; am L 1992, c 291, §1; am L 1993, c 215, §3; am L 1996, c 245, §1; am L 1999, c 143, §1; am L 2011, c 225, §2; am L 2021, c 27, §4; am L 2023, c 81, §2]
Haw. Rev. Stat. § 604-15 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-15
Rules by supreme court.
Status: repealed

The supreme court may from time to time, by general rules, prescribe forms for carrying section 604-13 into effect, and make all other needful regulations.

Revision Note

Reference to repealed §604-14, deleted.
Haw. Rev. Stat. § 612-24 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-24
Preservation of records.
Status: in_force

All records and papers compiled and maintained by the clerk in connection with the selection and service of jurors shall be preserved by the clerk for four years after the termination of the prescribed period of service and for any longer period ordered by the court.
Haw. Rev. Stat. § 612-54 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-54
Grand jury counsel; call to duty.
Status: in_force

Grand jury counsel shall be subject to call by the appointing authority during the counsel's term of office. Such a call for service shall include an estimate of the number of hours or days, or other reasonable approximation of the time that the grand jury shall desire counsel's services. No later than twenty-four hours after a call to service, the grand jury counsel shall notify the appointing authority whether or not the call for service is accepted.
Haw. Rev. Stat. § 604-13 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-13
[Arrest under warrant.
Status: in_force

§604-13 [Arrest under warrant.] Whenever any warrant of arrest has been issued by any court of competent jurisdiction, and the accused is beyond the jurisdiction of the court, it shall be lawful for the officer to whom the warrant is directed, to pursue and arrest the accused in any part of the State.
Haw. Rev. Stat. § 604-2 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-2
Appointment and tenure of district judges; per diem district judges.
Status: in_force

(a) The chief justice of the supreme court, with the consent of the senate, shall appoint district judges. Each judge shall reside in the judicial circuit for which the judge is appointed and shall have been an attorney licensed to practice in all the courts of the State for at least five years. District judges shall hold office for a term of six years and until their successors are appointed and qualified; provided that any judge may be reprimanded, disciplined, suspended with or without salary, relieved, or removed from office for misconduct or disability, as provided by rules adopted by the supreme court.

(b) The chief justice shall appoint district judges to serve on a per diem basis and as may be necessary to provide auxiliary judicial functions in the several districts of the State. Per diem district judges may engage in the private practice of law during their term of service, and shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a district court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days. [L 1892, c 57, §9; am L 1905, c 61, §2; am L 1919, c 108, §2; RL 1925, §2273; RL 1935, §3761; RL 1945, §9672; RL 1955, §216-2; am L 1965, c 97, §14; HRS §604-2; am L 1970, c 188, §9; am L 1979, c 16, §2; gen ch 1985; am L 1994, c 282, §1]
Haw. Rev. Stat. § 612-25 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-25
Protection of jurors' employment.
Status: in_force

(a) An employer shall not deprive an employee of the employee's employment, or threaten or otherwise coerce the employee with respect thereto, because the employee receives a summons, responds thereto, serves as a juror, or attends court for prospective jury service.

(b) Any employer who violates subsection (a) is guilty of a petty misdemeanor.

(c) If an employer discharges an employee in violation of subsection (a) the employee within ninety days from the date of discharge may bring a civil action for recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed lost wages for six weeks. If the employee prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court. [L 1973, c 191, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 607-5.7 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-5.7
Surcharge for indigent legal services.
Status: in_force

(a) In addition to the costs and fees prescribed in section 607-5, any person in a civil action in the circuit court who is required to pay an initial filing fee shall pay an additional surcharge at the time of the person's initial filing as follows:

(1) Effective January 1, 2012, $50; and

(2) Effective January 1, 2014, $65.

(b) In addition to the costs and fees prescribed in section 607-4, any person in a civil action in the district court who is required to pay an initial filing fee shall pay an additional surcharge at the time of the person's initial filing as follows:

(1) Effective January 1, 2012, $25; and

(2) Effective January 1, 2014, $35.

(c) Any person in a civil action in the courts of appeal who is required to pay an initial filing fee also shall pay an additional surcharge at the time of the person's filing as follows:

(1) Effective January 1, 2012, $50; and

(2) Effective January 1, 2014, $65.

(d) Initial filings for which surcharges in this section shall be assessed include:

(1) Complaints, petitions, interventions, applications for special proceedings, and answers containing one or more cross-claims or counter-claims; and

(2) Third-party complaints, but shall not include post-judgment civil process.

(e) No surcharge in this section shall be assessed against:

(1) Small claims cases;

(2) Petitions for temporary restraining orders;

(3) Petitions for protective orders;

(4) Any party who has received the court's permission to proceed in forma pauperis; or

(5) Any party proceeding on behalf of the county or State.

Surcharges subject to this section shall be limited to one payment per party.

(f) There is established a special fund to be known as the indigent legal assistance fund. The funds raised under subsections (a), (b), (c), and (d) shall be transmitted to the administrative director of the courts and deposited in the indigent legal assistance fund.

(g) This fund shall be administered by the administrative director of the courts, or pursuant to contract with the administrative director of the courts. If the fund is administered pursuant to contract with the administrative director of the courts, the contractor shall be a nonprofit organization that has at least one year's experience in administering grants to providers of civil legal services for indigents. The fund administrator shall receive not more than five per cent of the total amount collected under this section each fiscal year as compensation for performing the duties under this section.

(h) The fund administrator shall annually accept applications for grants funded from the indigent legal assistance fund from organizations that provide civil legal assistance to indigent persons. Applications shall be received no later than April 15 for assistance in the following fiscal year. The fund administrator shall determine the specific information required of the applicant and, at a minimum, shall require applicants to provide information concerning:

(1) Their governance, staffing, and total annual budget;

(2) Other funding sources;

(3) Geographic area of service;

(4) The number of clients served in the previous fiscal year; and

(5) The nature and scope of services provided.

(i) To be eligible for assistance from the indigent legal assistance fund, an applicant shall meet all of the following standards at the time of application:

(1) Be either a nonprofit organization incorporated and operated exclusively in Hawaii and determined by the Internal Revenue Service to be exempt from federal income tax or a program operated exclusively in Hawaii by an accredited nonprofit law school; provided that the organization or program provides as its primary purpose and function civil legal services to indigent persons;

(2) Have a governing board whose members have no material conflict of interest and serve without compensation;

(3) Have bylaws or policies that describe the manner in which business is conducted, and policies that relate to nepotism and management of potential conflict of interest situations;

(4) Have at least one year's experience in providing civil legal services to indigents;

(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments;

(6) Agree not to charge client fees for services that are funded in any part by a grant from the indigent legal assistance fund, except that token payments for costs and expenses shall not be considered fees;

(7) Agree to use any grant received under this section exclusively to provide civil legal services to indigent persons; and

(8) Have in place sound financial management systems, a client grievance procedure, a method of ensuring the quality of service provided, and a policy that provides that no person may interfere with any attorneys funded in whole or in part by this section in carrying out their professional responsibilities to their clients, as established by the Hawaii rules of professional conduct.

(j) The administrative director of the courts, or the contractor administering the fund pursuant to contract with the administrative director of the courts, shall review, on a biennial basis, the indigent legal assistance fund to determine whether it is meeting the civil legal needs of indigent persons and shall report its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of the legislature in each even-numbered year beginning with the regular session of 2014.

(k) Funds shall be distributed on a pro rata basis to organizations that meet the criteria in subsection (i), based upon the portion of their total budget expended in the prior year for civil legal services to indigent persons as compared to the combined total expended in the prior year for legal services by all qualifying organizations applying for funding. An applicant that provides services other than civil legal services to indigent persons may establish its proportionate entitlement to funds based upon financial statements that strictly segregate the portion of the organization's expenditures in the prior year that were devoted exclusively to the provision of civil legal services for indigents.

(l) As used in this section, unless the context otherwise requires:

"Civil legal services" means direct legal services provided by attorneys or by attorney-supervised staff to clients in civil matters, including pro bono, judicial, and administrative advocacy relating to the civil legal problems of indigents.

"Indigent person" means:

(1) Any individual whose income is not greater than one hundred twenty-five per cent of the official poverty line established by the Secretary of Health and Human Services under the Community Services Block Grant Act, 42 U.S.C. section 9902;

(2) Any individual who is eligible for free services under the Older Americans Act or Developmentally Disabled Act; or

(3) Any organization or client group whose purpose is to further the interests of indigent persons and which is at least fifty per cent composed of persons who meet the requirements of paragraph (1) or (2). [L 1996, c 305, §2; am L 1998, c 121, §§1, 2, 4; am L 2001, c 131, §§1, 2, 4; am L 2011, c 180, §2]
Haw. Rev. Stat. § 612-7 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-7
Excused when, for cause.
Status: in_force

A prospective juror shall not be excused by a court for slight or trivial cause, but only when it appears that jury duty would entail a serious personal hardship, or that for other good cause the prospective juror should be excused either temporarily or otherwise.
Haw. Rev. Stat. § 602-2 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-2
Salary, supreme court justices.
Status: in_force

Effective July 1, 2004, the salary of the chief justice of the supreme court and the salary of each associate justice of the supreme court shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the chief justice of the supreme court and the salary of each associate justice of the supreme court shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature. [L Sp 1959 1st, c 4, §1; am L 1962, c 28, §30a; am L 1965, c 223, §12; Supp, §214-1.5; HRS §602-2; am L 1969, c 127, §10; am L 1975, c 58, §26; ree L 1979, c 111, pt of §2; am L 1982, c 129, §25(1); am L 1986, c 128, §22; am L 1990, c 72, §3; am L 1999, c 65, §4; am L 2000, c 2, §2; am L 2003, c 123, §2; am L 2006, c 299, §7]
Haw. Rev. Stat. § 613-2 — HI Code / Division 4 / Title 32 / Chapter 613 / Section 613-2
Establishment of the center for alternative dispute resolution.
Status: in_force

(a) There is established within the judiciary the center for alternative dispute resolution. The center shall facilitate the effective, timely, and voluntary resolution of disputes. Through these resolutions, it shall help reduce public and private costs of litigation and increase satisfaction with the justice system. The center shall accomplish its purposes by:

(1) Providing, where feasible and agreed to by the parties, the consultative resources and technical assistance needed to achieve voluntary resolutions for cases that affect the public interest or the work of state and county agencies. These cases shall include but not be limited to:

(A) Public disputes involving actual or threatened court actions over the allocation or management of public resources or the siting of public facilities;

(B) Complex litigation cases in which a court or a regulatory or administrative agency has determined that the dispute involves multiple parties or formidable technical, procedural, or factual issues, or both;

(C) Policy roundtables in which the center, at the request of an executive, legislative, or judicial decisionmaker, convenes and chairs advisory discussions on matters pertaining to standards or rules; and

(D) Other cases directly referred by judges, legislators, agency heads, or appointed government officials;

(2) Promoting in a systematic manner the appropriate use of alternative dispute resolution; and

(3) Disseminating to government agencies and to the community at large up-to-date information on the methods and applications of alternative dispute resolution.

(b) The center shall be organized, guided, and administratively maintained by the chief justice or the chief justice's designee. The chief justice shall appoint a director of the center. The director may hire staff necessary to accomplish the purposes of this chapter, including but not limited to an assistant director and a program specialist. The director, assistant director, and program specialist shall have substantial experience, training, and education in the methodologies of alternative dispute resolution. Employees of the center shall be exempt from chapter 76, shall not be considered civil service employees, but shall be entitled to any employee benefit plan normally inuring to civil service employees. [L 1989, c 346, pt of §2; am L 1991, c 131, §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 606-13.5 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-13.5
Definitions.
Status: in_force

As used in this chapter, unless the context indicates otherwise:

"Certified shorthand reporter" means a shorthand reporter certified by the Hawaii supreme court through the Hawaii board of certified shorthand reporters.

"Official court reporter" means a certified shorthand reporter employed by the courts of the State to provide court reporting services.

"Private court reporter" means a certified shorthand reporter who offers services on a freelance basis and who is not employed by the courts of the State. [L 1996, c 226, pt of §1]
Haw. Rev. Stat. § 606-13.6 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-13.6
Private court reporters; contracts.
Status: in_force

(a) Any contract for private court reporting services, not related to a particular case or reporting incident, shall be prohibited between a private court reporter or any other person with whom a private court reporter has a principal and agency relationship, and any attorney, party to an action, party having a financial interest in an action, or any entity providing the services of a certified shorthand reporter. Negotiating or bidding reasonable fees, equal to all parties, on a case-by-case basis may not be prohibited.

(b) Violation of this section shall be grounds for discipline, censure, or suspension or revocation of licensure. [L 1996, c 226, pt of §1]
Haw. Rev. Stat. § 602-10 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-10
[OLD] REPEALED.
Status: in_force

L 1972, c 88, §2(h).

§602-10 Full court; oral argument; substitute justices. Parties to a proceeding before the supreme court shall be entitled to consideration by a full court. Oral argument shall be before a full court; provided that in an appropriate case, the court in its discretion may dispense with oral argument. In case of a vacancy, or if a justice of the supreme court is disqualified from sitting in any case pending before the supreme court, is unable to attend, is absent, is recused, or has been excused, the vacancy or the place of such justice may be temporarily filled by a circuit judge designated by the chief justice or by the appointment of a justice who has retired from the supreme court. Such retired justice chosen to serve as substitute justice shall not be actively engaged in the practice of law. A retired justice, when sitting as substitute justice, shall be compensated at a rate of pay of associate justices of the supreme court. When necessary, the court may consist of five circuit judges so designated, or five retired justices so appointed, or any combination of circuit judges and retired justices. After oral argument of a case, if a vacancy arises or if for any other reason a justice is unable to continue on the case, the case may be decided or disposed of upon the concurrence of any three members of the court without filling the vacancy or the place of such justice. [L 1892, c 57, §56; am L 1896, c 12, §1; am L 1903, c 32, §15; am L 1905, c 92, §1; am L 1909, c 14, §1; RL 1925, §2230; RL 1935, §3599; RL 1945, §9610; RL 1955, §214-10; am L 1963, c 193, §61; HRS §602-11; am L 1972, c 88, §2(f); am L 1974, c 146, §1; am L 1978, c 114, §1; ren L 1979, c 111, pt of §2; am L 2004, c 202, §56; am L 2006, c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 602-52 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-52
Salary.
Status: in_force

Effective July 1, 2004, the salary of the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of the chief judge of the intermediate appellate court and the salary of each associate judge shall be as last recommended by the commission on salaries pursuant to section 26‑56, unless disapproved by the legislature.
Haw. Rev. Stat. § 603-14 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-14
Place of trial; signature of judge.
Status: in_force

(a) A jury trial shall be conducted in the circuit in which the case is pending, at the place designated by section 603-12 or at such other place or places within the circuit as may be designated by the chief justice from time to time.

(b) For the trial of cases which do not require a jury the circuit court may hold sessions at any place within the circuit with the same effect as if held at the place designated by section 603-12.

(c) In any ex parte proceeding, or any other civil proceeding upon consent of all the parties who have appeared in the case, the circuit court may in its discretion, if the attendance of a jury is not required, hold sessions at which witnesses may be heard and evidence adduced and argument presented, at any place within the State without the boundaries of the circuit with the same effect as if held at the place designated by section 603-12, and for the purpose of such sessions may use the services of the clerk and reporter of the circuit court of the circuit within which the sessions are held, and may require stipulations between the parties as to the payment of costs of transportation and other special costs arising out of the fact that the sessions are held at a place other than that designated by section 603-12, as a condition of holding the sessions.

(d) Any decision, order, decree, judgment, or any other document requiring the signature of a circuit judge, in any cause or proceeding whatsoever in a circuit court, may be signed without, as well as within, the boundaries of the circuit in which the court is situated. [L 1892, c 57, §33; RL 1925, §2246; RL 1935, §3642; am L 1943, c 141, §1(c); RL 1945, §9640; am L 1947, c 134, §1; RL 1955, §215-10; am L 1959, c 201, §1; HRS §603-14; am L 1972, c 88, §3(f)]
Haw. Rev. Stat. § 612-22 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-22
Trial jurors subject to one year of service; one day or one trial requirement.
Status: in_force

The persons whose names are placed on the certified lists of prospective trial jurors filed by the clerk shall be subject to service for one year from and after January 1 and until the filing of new certified lists; provided that trial jurors shall serve only one day or one trial during the year. Prospective jurors who are challenged at voir dire and excused, excused for cause, summoned but not called to a courtroom, or called to a courtroom but later excused shall return to the juror pool to await reassignment to another trial. Prospective jurors in the juror pool awaiting reassignment to another trial shall be discharged after it has been determined that their services will not be needed. Prospective jurors who are discharged from the juror pool shall be dismissed from service for the year; provided that prospective jurors who fail to appear as summoned may have their names placed in the qualified jury wheel for service in the ensuing jury year and where a request for deferment of service has been made and granted by the court, the period of time between the first date of summons to appear and the time that the prospective juror is next summoned for service may be tolled and may be applied to extend the eligibility of service if the prospective juror should not again be summoned or serve on an actual trial within the year. Prospective jurors who are accepted to serve on a jury shall complete the duration of the trial and shall be dismissed from service for the year.
Haw. Rev. Stat. § 612-14 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-14
Qualified jury wheel.
Status: in_force

(a) Upon return of the juror qualification forms, the clerk, after careful investigation in each case, shall select for prospective jury service all those persons whom the clerk believes are qualified and not exempt; provided that any person who is exempt may be selected if the person waives the person's exemption.

(b) The names of the persons so selected shall be placed in the qualified jury wheel, to be used in compiling lists of prospective jurors subject to service during the ensuing year; provided that the clerk, with the approval of the court, may excuse a prospective juror for any cause set forth under section 612-7, in which case the name of the excused person shall not be placed in the qualified jury wheel.

(c) The clerk may place in the qualified jury wheel for further service the name of any person who, in the previous jury year, wilfully or without reasonable excuse failed to appear as summoned. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §7; am L 1996, c 136, §1; am L 2007, c 122, §9]
Haw. Rev. Stat. § 603-37 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-37
Change of venue.
Status: in_force

After the parties shall have had an opportunity to be heard, any circuit court may, upon satisfactory proof that a fair and impartial trial cannot be had in any civil case pending in the court, or, in its discretion, upon satisfactory proof that it would be more fair and equitable to the parties thereto if any civil case pending in the court were heard in another jurisdiction, change the venue to some other circuit and order the record to be transferred thereto; provided that any circuit court may, in its discretion, upon the consent of all the parties to any civil case pending in the court, change the venue to some other circuit court and order the record to be transferred thereto.
Haw. Rev. Stat. § 607-21 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-21
Expense of bond.
Status: in_force

Any receiver, assignee, guardian, trustee, committee, personal representative, commissioner, or other fiduciary required by law or the order of any court to give a bond, or other obligation as such, may include as a part of the lawful and chargeable expense of executing the individual's trust a reasonable sum, to be paid to a company authorized under the laws of the State to become surety on the bond or obligation for becoming the individual's surety thereon, as may be allowed by the court in which the individual is required to account, not exceeding one per cent a year on the amount of the bond. [RL 1935, pt of §3793; RL 1945, §9759; RL 1955, §219-20; HRS §607-21; am L 1972, c 88, §5(u); am L 1976, c 200, pt of §1; am L 2016, c 55, §23]
Haw. Rev. Stat. § 604-7.5 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-7.5
Continuance of hearing or trial.
Status: in_force

If the judge of any district court, or any other district judge authorized to preside in the circuit, fails to attend any trial or hearing at the time appointed, a clerk thereof shall continue any case or matter then before the court for trial or hearing, from time to time, until the attendance of one of the district judges, but no such continuance shall be for a longer period than seven days except as otherwise ordered by the court.
Haw. Rev. Stat. § 604-16 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-16
[Expenses of serving warrant.
Status: in_force

§604-16 [Expenses of serving warrant.] The expenses of serving such warrant shall be adjusted by the court originally issuing the warrant.
Haw. Rev. Stat. § 604-7.2 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-7.2
Arrest warrants arising from traffic violations.
Status: in_force

[§604-7.2]Arrest warrants arising from traffic violations. In any criminal proceeding, due diligence shall be used in serving any outstanding traffic warrants on the defendant.
Haw. Rev. Stat. § 602-54 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-54
Session, where.
Status: in_force

The intermediate appellate court shall sit in Honolulu; provided that the chief judge may appoint a different place for the sitting of the court, pro tempore.
Haw. Rev. Stat. § 612-57 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-57
Grand jury counsel; duties.
Status: in_force

The grand jury counsel shall serve, upon request of the grand jury, as independent legal counsel to the grand jury, to be at the call of the grand jury during its proceedings in obtaining appropriate advice on matters of law after the grand jury has been sworn and charged by the court under section 612-16(d) and during the court's absence. The grand jury counsel may be present during grand jury proceedings, and if not present in the building shall be in the immediate vicinity to the building in which the grand jury meets, so that counsel will be readily available to the grand jury, but shall not participate in the questioning of the witnesses or the prosecution. The grand jury counsel's function shall be only to receive inquiries on matters of law sought by the grand jury, conduct legal research, and provide appropriate answers of law.
Haw. Rev. Stat. § 604-17 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-17
Courts of record; testimony and proceedings.
Status: in_force

The district courts shall be courts of record. The district courts shall in all cases preserve in writing, on tape, or such other mechanical device as may be appropriate, the minutes, proceedings, and testimony of their trials, transactions, and judgments, and the facts upon which their decisions rest.
Haw. Rev. Stat. § 612-53 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-53
Grand jury counsel; length of term; extension of term; limitation on reappointment.
Status: in_force

(a) Grand jury counsel shall serve for a term of one year following appointment.

(b) The term of a grand jury counsel may be extended when the matters for which the counsel was called to service cannot be completed before the end of the counsel's term. The extension shall be authorized by the chief justice where completion of such matters would be substantially extended or hindered by the assignment of another counsel.

(c) In no case shall grand jury counsel be reappointed to serve consecutive terms.

(d) The term of the grand jury counsel whenever practicable shall be such that it will not be coterminous with the term of the grand jury. [L 1980, c 209, §4]
Haw. Rev. Stat. § 606-13.7 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-13.7
Official court reporters' notes; ownership.
Status: in_force

All official court reporters' notes shall be the property of the State.
Haw. Rev. Stat. § 612-6 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-6
Exempt when.
Status: in_force

A person may claim exemption from service as a juror if the person is:

(1) An elected official while the legislature is in session, or a judge of the United States, State, or county;

(2) An actively practicing physician or dentist;

(3) A member of the armed forces or militia when on active service and deployed out-of-state;

(4) An active member of a police or fire department;

(5) A person who has served as a juror, either in a court of this State or the United States District Court for the District of Hawaii, within one year preceding the time of filling out the juror qualification form;

(6) An active member of an emergency medical services agency;

(7) A person living more than seventy miles from the court for which jury service is required;

(8) A person eighty years of age or older; or

(9) A woman who is breastfeeding a child or expressing breast milk for a period of two years from the birth of the child.

For purposes of this section, "emergency medical services agency" means any government agency, private agency, or company that provides ambulance services, emergency medical services, or disaster medical services. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §3; am L 2006, c 313, §1; am L 2007, c 87, §1; am L 2016, c 46, §2]
Haw. Rev. Stat. § 612-12 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-12
Master jury wheel.
Status: in_force

Each year the clerk for each circuit, by random selection, shall place in the master jury wheel the names of prospective jurors taken from the master list, in such number as the clerk determines should be processed in order to provide the number of jurors required for the ensuing year. From time to time an additional number may be determined by the clerk or ordered by the court to be placed in the master jury wheel.
Haw. Rev. Stat. § 601-2 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-2
Administration.
Status: in_force

(a) The chief justice shall be the administrative head of the judiciary. The chief justice shall make a report to the legislature, at each regular session thereof, of the business of the judiciary and of the administration of justice throughout the State. The chief justice shall present to the legislature a unified budget, six-year program and financial plan, and variance report for all of the programs of the judiciary. The chief justice shall also submit to the legislature annual routine repair and maintenance reports for judiciary-owned buildings, facilities, and other improvements that substantially comply with chapter 37, part VII. The chief justice shall direct the administration of the judiciary, with responsibility for the efficient operation of all of the courts and for the expeditious dispatch of all judicial business.

(b) The chief justice shall possess the following powers, subject to rules as may be adopted by the supreme court:

(1) To assign circuit judges from one circuit to another;

(2) In a circuit court with more than one judge, to:

(A) Make assignments of calendars among the circuit judges for a period as the chief justice may determine and, as deemed advisable from time to time, to change assignments of calendars or portions thereof (but not individual cases) from one judge to another; and

(B) Appoint one of the judges, for a period as the chief justice may determine, as the administrative judge to manage the business of the court, subject to the rules of the supreme court and the direction of the chief justice;

(3) To prescribe for all of the courts a uniform system of keeping and periodically reporting statistics of their business;

(4) To procure from all of the courts estimates for their appropriations; with the cooperation of the representatives of the court concerned, to review and revise them as the chief justice deems necessary for equitable provisions for the various courts according to their needs and to present the estimates, as reviewed and revised by the chief justice, to the legislature as collectively constituting a unified budget for all of the courts;

(5) To exercise exclusive authority over the preparation, explanation, and administration of the judiciary budget, programs, plans, and expenditures, including without limitation policies and practices of financial administration and the establishment of guidelines as to permissible expenditures; provided that all expenditures of the judiciary shall conform with program appropriations and provisions of the legislature, and all powers of administration over judiciary personnel that are specified in title 7; and

(6) To do all other acts that may be necessary or appropriate for the administration of the judiciary.

(c) The budget, supplemental budget, six-year program and financial plan, and the variance report of the judiciary shall be submitted by the chief justice to the legislature in accordance with the schedule of submission specified for the governor in chapter 37 and shall contain the program information prescribed in that chapter as applicable to the judiciary. By November 1 of each year preceding a legislative session in which a budget is to be submitted, the chief justice shall provide written notification to the governor of the proposed total expenditures, by cost categories and sources of funding, and estimated revenues of the judiciary for each fiscal year of the next fiscal biennium or fiscal year, as applicable. [L 1959, c 259, pt of §1(b); am imp L 1965, c 97, §24; Supp, §213-1.5; HRS §601-2; am L 1972, c 88, §1(a), (b); am L 1974, c 159, §15; am L 1977, c 159, §17; gen ch 1985; am L 2015, c 148, §5 and c 160, §9; am L 2016, c 55, §17 and c 233, §3]
Haw. Rev. Stat. § 607-8 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-8
Fees of sheriff, deputy sheriff, police officer, serving or levying officer, or independent civil process server.
Status: in_force

(a) For all necessary travel in making the service, per mile for every mile more than one........60 cents; provided that:

(1) No allowance shall be made where the serving individual uses a conveyance furnished to the serving individual by the State, or any political or municipal subdivision thereof;

(2) Where the serving individual serves more than one person in the course of one trip, the serving individual shall not charge, in the aggregate for all services more than the mileage for the entire trip; and

(3) As far as practicable, in order to minimize the mileage fees for the service, the sheriff or chief of police of the serving police officers, or independent civil process server from the department of law enforcement's list under section 353C-11 shall cause the process to be transmitted to the sheriff, a deputy sheriff, the chief of police, a police officer, or an independent civil process server upon the island of service who shall make the service upon receipt of the process; and the service shall be valid, notwithstanding that the process may not be addressed to the individual actually making the service or to the individual's superior.

For serving criminal summons or any other criminal process except a subpoena, for each person served therewith............. .......$30 effective July 1, 2001. Service of criminal summons or any other criminal process shall be made only by persons authorized to serve criminal summons.

For serving civil summons, subpoena, subpoena duces tecum, or any other civil process, except a subpoena or a garnishee summons, for each person served therewith....................$43 effective July 1, 2015.

For serving: garnishee summons, for each person.........................$30 effective July 1, 2015.

For returning as unserved after due and diligent search any process when it has been found that the person to be served has left the State....................$10 effective July 1, 2015.

For serving any execution or other process for the collection of money, for every dollar collected up to $10,000... .................5 cents.

And for every dollar over $10,000......2-1/2 cents.

All fees paid to any printer for publishing an advertisement of the sale of any property.

For every bill of sale.................$4.

For executing and acknowledging a deed pursuant to a sale of real estate to be paid by the grantee in the deed....$10.

For drawing any bond required by law..........$4.

For serving writ of possession or restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to order of court.............$40.

Together with all necessary expenses incurred by the individual serving the writ, incident to the eviction.

For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution.

The fees for service of executions, attachments, and collection of judgments, together with all costs incurred after judgment rendered, not included in the judgment, in all courts of the State, shall be collected in addition to the sum directed to be levied and collected in the writ.

In lieu of any fee under this subsection, the fee may be an hourly rate of no less than $50 per hour agreed upon in advance between the party requesting the service and the sheriff, deputy sheriff, police officer, or independent civil process server performing the service.

(b) Notwithstanding anything in this section or any other law to the contrary, when any process or subpoena is served by a subordinate of the sheriff or chief of police, it shall be illegal for the sheriff or chief of police:

(1) If and so long as the sheriff or chief of police is being paid a salary by the State or the county, to receive or collect from the subordinate any portion of the fees, mileage, or other expenses collected by the subordinate; or

(2) If and so long as the sheriff or chief of police is not being paid any salary, to collect or receive from the subordinate more than ten per cent of the fees accruing from the service, or any portion of the mileage or other expenses collected by the subordinate.

Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for the service shall be payable to the subordinate. Nothing in this section shall be deemed to prohibit the police commission of any county from requiring that all fees, mileage, and expenses be paid into a police benefit fund. [RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9748; am L 1949, c 387, §2; RL 1955, §219-8; am L 1963, c 85, §3; HRS §607-8; am L 1968, c 61, §3; am L 1969, c 23, §2; am L 1972, c 88, §5(m); am L 1973, c 55, §2; am L 1974, c 149, §2; am L 1975, c 112, §2; am L 1978, c 127, §2; am L 1979, c 111, §5(4); am L 1980, c 96, §2; am L 1984, c 52, §2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 58, §2 and c 281, §11; am L 2001, c 214, §3; am L 2012, c 142, §4; am L 2013, c 116, §§6, 25(5); am L 2015, c 101, §4 and c 125, §2; am L 2016, c 55, §21; am L 2021, c 41, §6; am L 2022, c 278, §17]
Haw. Rev. Stat. § 601-5 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-5
Independence of judiciary.
Status: in_force

The judiciary branch and the several judges and other judicial officers thereof shall be independent of both the executive and legislative departments. The governor shall have no power to interfere with, alter, or overrule any order, writ, judgment, or decision of any court, judge, or other judicial officer, except in the exercise of the power to grant reprieves and pardons in pursuance of law.
Haw. Rev. Stat. § 606 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606
‑12.
Status: in_force

[§606‑12.5]Certified shorthand reporter; administration of oaths or affirmations. A certified shorthand reporter may administer oaths or affirmations and may perform the duties of a deposition officer pursuant to rules of court relating to persons before whom depositions may be taken.
Haw. Rev. Stat. § 601-1.5 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-1.5
Emergency period; suspension of deadlines.
Status: in_force

(a) During an emergency period proclaimed by the governor under chapter 127A, the chief justice shall be authorized to order the suspension, tolling, extension, or granting of relief from deadlines, time schedules, or filing requirements imposed by otherwise applicable statutes, rules, or court orders, in civil or criminal cases or administrative matters, in any judicial circuit affected by the governor's proclamation. The chief justice shall determine the judicial circuits so affected.

(b) The order shall be limited to an initial duration of not more than thirty days; provided that the order may be modified or extended for such period of time as the chief justice deems necessary due to an ongoing state of emergency.

(c) The chief justice shall give notice of the order to all affected parties, counsel for the affected parties, and the public. Notice shall be provided by whatever means are reasonably calculated, in the chief justice's sole discretion, to reach the affected parties, counsel for the affected parties, and the public.

(d) Any person whose rights or interests are adversely affected by the chief justice's order shall be entitled to an appeal. The notice of appeal shall be filed not later than forty-five days after the expiration of the chief justice's order or any modification or extension of that order. The notice shall be filed with the clerk of the circuit court having jurisdiction over the person. [L 2006, c 59, §1; am L 2014, c 111, §14]
Haw. Rev. Stat. § 607-15.5 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-15.5
Attorneys' fees in tort actions.
Status: in_force

In all tort actions in which a judgment is entered by a court of competent jurisdiction, attorneys' fees for both the plaintiff and the defendant shall be limited to a reasonable amount as approved by the court having jurisdiction of the action. In any tort action in which a settlement is effected, the plaintiff or the defendant may request that the amount of their respective attorneys' fees be subject to approval of the court having jurisdiction of the action. [L Sp 1986, c 2, §11]
Haw. Rev. Stat. § 606-16 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-16
[ §606-16] Study for annual adjustments of fees for interpreters.
Status: in_force

[ §606-16] Study for annual adjustments of fees for interpreters. Beginning in 2026 and every three years thereafter, the judiciary shall conduct a study of interpreter fees, including recommendations on adjustments to the fee rates, and submit its findings and recommendations to the chief justice for consideration.
Haw. Rev. Stat. § 602-56 — HI Code / Division 4 / Title 32 / Chapter 602 / Section 602-56
Absence, disability, of the chief judge.
Status: in_force

Whenever, by the provisions of any law of the State, any act is required to be prepared by the chief judge of the intermediate appellate court, the act may be performed, in case of a vacancy, or illness, absence or disability, by an associate judge designated in accordance with the rules of the supreme court.
Haw. Rev. Stat. § 607-2 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-2
Fees to be accounted for.
Status: in_force

With the exception of fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data, which shall be deposited into the judiciary computer system special fund, and fees intended to reimburse officers for actual expenditures made by them, all judges', clerks', sheriffs', and deputy sheriffs' fees provided for in this chapter and accruing from any action pending in any court shall be deposited to the credit of the general fund of the State. [CC 1859, pt of §1281; am L 1907, c 62, §1; RL 1925, §2555; RL 1935, §3804; RL 1945, §9742; am L 1945, c 57, §1; RL 1955, §219-2; am L 1965, c 97, §15; HRS §607-2; am L 1970, c 188, §28; am L 1972, c 88, §5(a); am L 1979, c 105, §60; am L 1989, c 211, §10; am L 1990, c 281, §§6, 11; am L 2004, c 230, §§4, 6; am L 2006, c 21, §1; am L 2011, c 60, §3]
Haw. Rev. Stat. § 608-3 — HI Code / Division 4 / Title 32 / Chapter 608 / Section 608-3
§§608-3 to 608-7 REPEALED.
Status: repealed

§§608-3 to 608-7 REPEALED. L 1970, c 188, §§31 to 35.
Haw. Rev. Stat. § 606-15 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-15
REPEALED.
Status: in_force

L 1972, c 88, §4(n).
Haw. Rev. Stat. § 612-18 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-18
[Trial jury; additional requirements.
Status: in_force

§612-18 [Trial jury; additional requirements.] (a) If the court so orders, prospective trial jurors shall be drawn and summoned, and further proceedings had as provided in section 612‑17.

(b) In no case shall the trial jurors be chosen other than by lot, nor shall the trial jury be selected from the prospective jurors other than by lot in open court.

(c) The names of prospective jurors to be summoned to sit as a jury, and the contents of juror qualification forms completed by those jurors, shall be made available to the litigants concerned. [L 1973, c 191, pt of §1; am L 1987, c 366, §11; am L 1993, c 159, §4; am L 2007, c 122, §13]
Haw. Rev. Stat. § 606-4 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-4
Custody; disposition of exhibits.
Status: in_force

(a) The clerks of the supreme court, intermediate appellate court, circuit courts, and district courts shall have the custody of all records, books, papers, moneys, exhibits, and other things pertaining to their respective courts.

(b) The attorney of the party who introduced the exhibits or things in evidence or left them in the custody of the court, or the party, if not represented by any attorney, shall remove them from the court within six months after the final termination of the action to which the exhibits or things are related. The clerks shall have the authority and power, upon the written approval of a judge of the court given in particular actions or proceedings, to sell, destroy, or otherwise dispose of exhibits and things marked for identification, other than original files belonging to other actions, which have come into their possession or custody under this section, when those exhibits or things have not been already removed by their owners or by the attorneys representing the owners and when more than six months has elapsed since the final termination of the action to which the exhibits or things are related.

(c) All moneys received from sales under this section shall be deposited with the director of finance as government realizations. [L 1892, c 57, §63; am L 1911, c 84, §3; RL 1925, §2294; am L 1929, c 171, §1; RL 1935, §3693; RL 1945, §9724; RL 1955, §218-4; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §606-4; am L 1970, c 188, §26; am L 1972, c 88, §4(d); am L 1979, c 111, §4(2); am L 1984, c 259, §1; am L 2016, c 55, §20]
Haw. Rev. Stat. § 607-2.5 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-2.5
Exemption of costs and fees.
Status: in_force

Persons subject to domestic abuse, abuse of family or household members, stalking, or sexual assault shall be exempt from paying the costs and fees prescribed in this chapter in connection with filing, issuance, registration, or service of a protection order, or a petition for a protection order, warrant, or witness subpoena issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person. For purposes of this section, the term "protection order" means any temporary or final order of protection, a restraining order, or an injunction involving domestic abuse, abuse of family or household members, stalking, or sexual assault issued by a civil or criminal court, other than a support or custody order.
Haw. Rev. Stat. § 601-16 — HI Code / Division 4 / Title 32 / Chapter 601 / Section 601-16
REPEALED.
Status: in_force

L 1972, c 88, §1(h).
Haw. Rev. Stat. § 603-16 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-16
Continuance of hearing or trial.
Status: in_force

If the judge of any circuit court, or any other circuit judge authorized to preside in the circuit, fails to attend any trial or hearing at the time appointed, a clerk thereof shall continue any case or matter then before the court for trial or hearing, from time to time, until the attendance of one of the circuit judges; but no such continuance shall be for a longer period than seven days, except as otherwise ordered by the court.
Haw. Rev. Stat. § 603-21.8 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-21.8
Appeals.
Status: in_force

The several circuit courts shall have jurisdiction of all causes that may properly come before them on any appeal allowed by law from any other court or agency.
Haw. Rev. Stat. § 607-1.5 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-1.5
Court interpreting services revolving fund.
Status: in_force

(a) There is established in the state treasury the court interpreting services revolving fund, into which shall be deposited:

(1) Fees, charges, and other moneys collected for programs relating to interpreter issues and training, screening, testing, and certification of court interpreters;

(2) All moneys received from public or private sources for the purposes of this fund; and

(3) Any interest accrued or investment earnings realized that are attributable to the moneys in the revolving fund.

(b) Moneys in the court interpreting services revolving fund shall be administered and expended by the administrative director of the courts to support the court interpreting services program's educational services and the program's activities relating to the training, screening, testing, and certification of court interpreters. [L 2005, c 184, §1]
Haw. Rev. Stat. § 608-2 — HI Code / Division 4 / Title 32 / Chapter 608 / Section 608-2
District court, salaries, expenses, etc.
Status: in_force

The salaries of the district judges, clerks, and other assistants and the expenses of the district judges shall be paid by the State. The judges shall have power to appoint such additional officers or employees as may be required by the courts and for which appropriations have been made by the legislature. Except as otherwise provided, such officers and employees shall be subject to chapter 76 and the appropriate collective bargaining agreement, executive order, executive directive, or rule.
Haw. Rev. Stat. § 613-1 — HI Code / Division 4 / Title 32 / Chapter 613 / Section 613-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Alternative dispute resolution" or "ADR" means methods, procedures, or techniques that are used to resolve differences voluntarily and that do not require a traditional and formal adjudicatory trial or contested hearing. These methods include, but are not limited to, mediation, contractual arbitration, fact-finding, consensus-building, and neutral-expert evaluation.

"Board" means the board of advisors of the center for alternative dispute resolution.

"Center" means the center for alternative dispute resolution.

"Government agencies" means the offices, departments, branches, and other subdivisions of state and county governments. [L 1989, c 346, pt of §2; am L 1991, c 131, §1]
Haw. Rev. Stat. § 605-9 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-9
§§605-9 and 605-10 REPEALED.
Status: repealed

§§605-9 and 605-10 REPEALED. L 1972, c 184, §1(j).
Haw. Rev. Stat. § 603-30 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-30
[ §603-30] Women's court program; first circuit.
Status: in_force

[ §603-30] Women's court program; first circuit. (a) There shall be established within the first circuit of the judiciary the women's court program. The program shall implement trauma-informed and evidence-based practices, employ gender-responsive programming, collaborate with stakeholders, and provide services to women in the court system with the goal of diverting participants from incarceration, supporting their success in the community, and reducing recidivism.

(b) The services offered by the program shall address the following areas:

(1) Trauma and mental health treatment;

(2) Family support, including parenting, education, and relationship improvement;

(3) Life-skills training;

(4) Education and vocational training;

(5) Domestic violence prevention;

(6) Medical services and health education;

(7) Substance abuse detection, prevention, and treatment;

(8) Mentoring; and

(9) Housing support. [L 2025, c 228, §2]
Haw. Rev. Stat. § 603-6 — HI Code / Division 4 / Title 32 / Chapter 603 / Section 603-6
Residence of judge.
Status: in_force

Every judge of a circuit court shall reside in the circuit for which the judge is appointed.
Haw. Rev. Stat. § 605-13 — HI Code / Division 4 / Title 32 / Chapter 605 / Section 605-13
District courts, cases involving military vehicles.
Status: in_force

Any legal officer of the United States military forces, to the extent that the officer is authorized or required by the officer's respective branch of service, may without license represent military personnel in the district courts in any case which arises out of the driving of a military vehicle.
Haw. Rev. Stat. § 607-15 — HI Code / Division 4 / Title 32 / Chapter 607 / Section 607-15
REPEALED.
Status: in_force

L 1972, c 88, §5(x).
Haw. Rev. Stat. § 604-7.3 — HI Code / Division 4 / Title 32 / Chapter 604 / Section 604-7.3
Change of venue.
Status: in_force

After the parties shall have had an opportunity to be heard, any district court may, in its discretion, upon satisfactory proof that it would be more fair and equitable to the parties thereto if any civil case pending in the court were heard in another jurisdiction, change the venue to the district court of some other circuit and order the record to be transferred thereto; provided that any district court may, in its discretion, upon the consent of all the parties to any civil or criminal case pending in the court, change the venue to the district court of some other circuit and order the record to be transferred thereto.
Haw. Rev. Stat. § 606-8 — HI Code / Division 4 / Title 32 / Chapter 606 / Section 606-8
Powers and duties of clerks.
Status: in_force

The clerks of the courts of record may issue process, administer oaths, take depositions, and perform all other duties pertaining to their office. A clerk shall attend and record the proceedings at all sittings of courts of record.

The clerks of the circuit courts shall be ex officio masters in matters referred to them by the court. [L 1892, c 57, §62; am L 1911, c 127, §2; RL 1925, §2297; RL 1935, §3696; RL 1945, §9727; RL 1955, §218-8; HRS §606-8; am L 1972, c 88, §4(e)]
Haw. Rev. Stat. § 612-15 — HI Code / Division 4 / Title 32 / Chapter 612 / Section 612-15
Certified jury lists.
Status: in_force

(a) Every year, the clerk of each circuit shall make and file, not later than January 5, one or more certified lists of the names and addresses of such number of persons as the court may order, subject to serve as grand jurors during the ensuing year from and after January 15. Every year, the clerk of each circuit shall likewise make and file, not later than December 20, a separate certified list of the names and addresses of citizens subject to serve as trial jurors during the ensuing year, from and after January 1, the number for each circuit, which shall be as the clerk considers necessary. The certified lists of prospective grand jurors and trial jurors shall be compiled from names drawn at random from the qualified jury wheel, and shall be prepared in alphabetical sequence. Upon the order of the court, from time to time, additional lists of persons subject to serve as grand jurors shall be compiled and filed, and additional names shall be added to a grand or trial jury list; provided that all additions shall be made by drawing from the qualified jury wheel for the appropriate year. When more than one grand jury list has been compiled, the sequence in which the lists are to be used shall be designated by the clerk according to the sequence of drawing. The names on the certified lists shall be open to public inspection, after redaction of addresses and other personal information and identifiers, subject to orders of the court.

(b) In the second, third, and fifth circuits, any circuit judge, and in the first circuit, a majority of the circuit judges, at any time, for reasons appearing sufficient to the judge or them, may order the dissolution of any certified list of prospective grand or trial jurors and order the clerk to make and file a new list, which may include any of the persons so discharged, to serve for the remainder of the year. The new list shall be compiled in the manner prescribed by the court. Until the new list is filed, grand or trial jurors may be drawn from a list thereof compiled and filed by the judge or judges making the order or one or more of them designated by the remainder, which list shall expire not later than thirty days after the filing thereof unless the period is extended, except that trial jurors may sit beyond the end of the period prescribed in this subsection and after the filing of a new list by the clerk, for the trial of any case in which the selection of the jury has already commenced. [L 1973, c 191, pt of §1; gen ch 1985; am L 1987, c 366, §8; am L 1993, c 159, §1; am L 2002, c 92, §4; am L 2007, c 122, §10]