reglab/housing_qa huggingface dataset:
HI Rev Stat § 659-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-1 Definition.

  §659-1 Definition. This is an order issuing in the name of the State by a circuit court and directed to a person who claims or usurps an office of the State or of any subdivision thereof, or of any corporation or quasi-corporation, public or private, or any franchise, inquiring by what authority the person claims the office or franchise. [L 1876, c 39, §36; am L 1907, c 39, §1; RL 1925, §2716; RL 1935, §4258; RL 1945, §10279; RL 1955, §236-19; HRS §659-46; am L 1972, c 90, §3(a); ren HRS §659-1; gen ch 1985] Case Notes  Will not lie to remove manager of plantation. 5 H. 3 (1883).  Writ to contest fire department election denied where by law members of a certain board are judges of validity of election. 8 H. 67 (1890).  Pleadings and practice, prior to adoption of Hawaii Rules of Civil Procedure. 11 H. 22, 29 (1897); 22 H. 385 (1914).  Will lie to oust corporation officers illegally elected and in office unlawfully. 11 H. 22, 28 (1897); 22 H. 604 (1915); 28 H. 476 (1925); 34 H. 897 (1939).  Writ must issue in the name of the sovereign. 11 H. 22, 29 (1897).  To try title to office. 22 H. 381, 383 (1914); 34 H. 12 (1936); 39 H. 431 (1952); 41 H. 1 (1955).  Cited: 133 H. 229 (App.), 325 P.3d 641 (2014).
HI Rev Stat § 659-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-2 Against corporations, by attorney general.

  §659-2 Against corporations, by attorney general. It may also be granted upon the application of the attorney general against individuals acting as a corporation without being legally incorporated. [L 1876, c 39, §37; RL 1925, §2717; RL 1935, §4259; RL 1945, §10280; RL 1955, §236-20; HRS §659-47; am L 1972, c 90, §3(b); ren HRS §659-2]
HI Rev Stat § 659-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-3 Forfeiture of franchise.

  §659-3 Forfeiture of franchise. The several circuit courts shall have jurisdiction of all proceedings in, or in the nature of, quo warranto, brought by or in the name of the public utilities commission, or the State, for the forfeiture of the franchise of any corporate body offending against any law relating to such corporation, for misuser, for nonuser, for doing or committing any act or acts amounting to a surrender of its charter and for exercising rights not conferred upon it. [L 1972, c 90, §3(c); HRS §659-47.5; ren HRS §659-3] Attorney General Opinions  Quo warranto action may be brought to enforce "resign to run" law. Att. Gen. Op. 86-4.
HI Rev Stat § 659-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-4 Petition.

  §659-4 Petition. The order is obtained by petition addressed to a circuit court, setting out facts sufficient to show a right to the order, and sworn to if the application is made by a private individual, or is made by the attorney general as provided by section 659-6. [L 1876, c 39, §38; RL 1925, §2718; RL 1935, §4260; RL 1945, §10281; RL 1955, §236-21; HRS §659-48; am L 1972, c 90, §3(d); ren HRS §659-4] Case Notes  Sufficiency of petition. 17 H. 9 (1905); 22 H. 385, 387 (1914).  Private individual is a proper party to apply for writ. 39 H. 431 (1952).  Appellant's petition sufficiently stated that appellant was a resident, taxpayer, and qualified voter of Maui County, thus establishing appellant's standing to bring petition. 74 H. 394, 846 P.2d 894 (1993).
HI Rev Stat § 659-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-5 Answer.

  §659-5 Answer. The person to whom the order is directed shall file the person's answer in writing, within the time limited by the order as determined by the court in its discretion, and state the authority under which the person claims to act. [L 1876, c 39, §39; RL 1925, §2719; RL 1935, §4261; RL 1945, §10282; RL 1955, §236-22; HRS §659-49; am L 1972, c 90, §3(e); ren HRS §659-5; gen ch 1985] Case Notes  Burden on respondent, when. 29 H. 392 (1926).
HI Rev Stat § 659-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-6 Judgment as to offices; burden of proof.

  §659-6 Judgment as to offices; burden of proof. [(a)] If a person to whom an order is directed with respect to an office of which the person performs the duties does not answer within the time allowed or the answer is insufficient or it is found that the person has usurped the office or continues in it unlawfully, the court in addition to declaring the person not qualified to fill the office and forbidding the person to perform the duties of the office any longer, may direct that a new appointment be made and may grant other appropriate relief.  [(b)] If the proceeding is commenced by verified petition of the attorney general and concerns a public office, the respondent shall have the burden of proof. [L 1876, c 39, §41; RL 1925, §2721; RL 1935, §4263; RL 1945, §10284; RL 1955, §236-24; HRS §659-51; am L 1972, c 90, §3(f); ren HRS §659-6; gen ch 1985]
HI Rev Stat § 659-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-7 Judgment according to nature of complaint.

  §659-7 Judgment according to nature of complaint. In all cases contemplated by sections 659-1 to 659-9, judgment shall be given according to the nature of the complaint made. [L 1876, c 39, §42; RL 1925, §2722; RL 1935, §4264; RL 1945, §10285; RL 1955, §236-25; HRS §659-52; am L 1972, c 90, §3(g); ren HRS §659-7]
HI Rev Stat § 659-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-8 Service.

  §659-8 Service. The writ or order shall be served in the same manner as is provided by the rules of court with respect to process in a civil action. [L 1876, c 39, §43; RL 1925, §2723; RL 1935, §4265; RL 1945, §10286; RL 1955, §236-26; HRS §659-53; am L 1972, c 90, §3(h); ren HRS §659-8]
HI Rev Stat § 659-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-9 Corporations not liable to writ, when.

  §659-9 Corporations not liable to writ, when. Where the legislature has granted to a corporation the right to determine the validity of the elections of its members or officers, a writ shall not be issued for the purpose of inquiring into that fact. [L 1876, c 39, §44; RL 1925, §2724; RL 1935, §4266; RL 1945, §10287; RL 1955, §236-27; HRS §659-54; ren HRS §659-9]
HI Rev Stat § 659-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|659. Quo Warranto|659-10 Other actions.

  §659-10 Other actions. Nothing in this chapter shall preclude the obtaining of relief available by quo warranto by other appropriate action. [L 1972, c 90, §3(i); HRS §659-55; ren HRS §659-10]
HI Rev Stat § 660-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-4 For prisoners, for trial or testimony.

  §660-4 For prisoners, for trial or testimony. Nothing in this chapter shall be construed to restrain the power of any court of record to issue a writ of habeas corpus ad respondendum, when necessary, to bring before it any prisoner for trial in any criminal cause, lawfully pending in the court, or a writ of habeas corpus ad testificandum, to bring in any prisoner to be examined as a witness in any action or proceeding, civil or criminal, pending in the court, when it thinks the personal attendance and examination of the witness is necessary for the attainment of justice. The writ may be issued for such purposes by any court of record in the exercise of a sound discretion, and with due regard to conflicting interests and liabilities, anything in this chapter to the contrary notwithstanding. [L 1870, c 32, §31; RL 1925, §2728; RL 1935, §4313; RL 1945, §10354; RL 1955, §239-4; HRS §660-4; am L 1972, c 90, §5(b)]
HI Rev Stat § 660-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-5 Complaint.

  §660-5 Complaint. Application for the writ or an order to show cause shall be made to the court or judge authorized to issue the same, by complaint in writing, signed by the party for whose relief it is intended, or by some person in the party's behalf, setting forth:  (1) The person by whom, and the place where, the party is imprisoned or restrained, naming the party and the person detaining the party, if their names are known, and describing them if they are not known;  (2) The cause or pretense of imprisonment or restraint, according to the knowledge and belief of the applicant;  (3) If the imprisonment or restraint is by virtue of any warrant or other process, an annexed copy thereof, unless it is made to appear that a sufficient reason exists for not annexing the same;  (4) That there has been no determination of the legality of the detention on a prior application for a petition for a writ of habeas corpus, or, if there has been a previous determination, the new grounds, if any, not presented and determined upon the previous application.  The facts alleged shall be verified by the oath of some credible person, to be administered by any person authorized to administer oaths. [L 1870, c 32, §3; RL 1925, §2729; RL 1935, §4314; RL 1945, §10355; am L 1953, c 101, §2; RL 1955, §239-5; HRS §660-5; am L 1972, c 90, §5(c); gen ch 1993] Case Notes  When application is made by person other than one for whom relief is sought it should show either authority for making application or sufficient reason for absence of such authority. But writ if issued will not be quashed if such authority does not appear. 10 H. 701 (1897).   Jurisdiction is in circuit judge at chambers. 31 H. 630 (1930).
HI Rev Stat § 660-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-6 Form of writ.

  §660-6 Form of writ. The court or judge to whom the complaint is made shall, without delay, award and issue the writ unless it appears from the application that the person detained is not entitled thereto or an order to show cause is issued under section 660-7. The writ of habeas corpus may be in the following form:  State of Hawaii.  To......................................greeting.  We command you that immediately upon the receipt of this writ, you have and produce before.....at.....the body of.....who is unjustly imprisoned and restrained of his liberty, as it is said, to do and receive what shall then and there be considered concerning him in this behalf. And have you there this writ, with your doings thereon.  Witness the Honorable.....at.....this.....day of.................20....  [Seal] ................................ [L 1870, c 32, §4; RL 1925, §2730; RL 1935, §4315; RL 1945, §10356; am L 1953, c 101, §3; RL 1955, §239-6; HRS §660-6; am L 1972, c 90, §5(d)] Revision Note  The date "19...." in the form was changed to "20...." pursuant to §23G-15.
HI Rev Stat § 660-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-7 Order to show cause in lieu of writ.

  §660-7 Order to show cause in lieu of writ. The court or judge to whom the complaint is made may issue an order directing the person by whom the party is imprisoned or restrained, to appear and show cause for the imprisonment or restraint at such time as the court shall direct, but not later than five days from the date of the order to show cause; provided that whenever the record shows that there is a material issue of fact to be resolved by the taking of evidence the court shall order that the person detained be produced for the hearing. [L 1953, c 101, §4; RL 1955, §239-7; HRS §660-7; am L 1972, c 90, §5(e)]
HI Rev Stat § 660-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-8 REPEALED.

  §660-8 REPEALED. L 1972, c 90, §5(u).
HI Rev Stat § 660-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-9 Sunday.

  §660-9 Sunday. Any writ or process authorized by this chapter may be issued or served on Sunday. [L 1870, c 32, §29; RL 1925, §2732; RL 1935, §4317; RL 1945, §10358; RL 1955, §239-9; HRS §660-9]
HI Rev Stat § 660-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-12 By supreme court; to whom returnable.

  §660-12 By supreme court; to whom returnable. Whenever the writ or order to show cause is issued by the supreme court or a justice thereof, it may be made returnable before the supreme court or a circuit court. [L 1870, c 32, §8; am L 1903, c 79, §2; RL 1925, §2735; RL 1935, §4320; RL 1945, §10361; am L 1953, c 101, §8; RL 1955, §239-12; HRS §660-12; am L 1972, c 90, §5(f)]
HI Rev Stat § 660-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-13 Issuance to person of unknown name.

  §660-13 Issuance to person of unknown name. If the name of the person by whom the party is alleged to be restrained of the party's liberty is unknown or uncertain, the person may be described by an assumed appellation. Whoever is served with the writ or order to show cause, shall be deemed to be the person intended thereby. [L 1870, c 32, §9; RL 1925, §2736; RL 1935, §4321; RL 1945, §10362; am L 1953, c 101, §9; RL 1955, §239-13; HRS §660-13; am L 1972, c 90, §5(g); gen ch 1985]
HI Rev Stat § 660-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-14 For person of unknown name.

  §660-14 For person of unknown name. The person to be produced shall be designated by the person's name, if known, and if that is not known or is uncertain, the person may be designated in any other manner, so that it can be known who is the person intended. [L 1870, c 32, §10; RL 1925, §2737; RL 1935, §4322; RL 1945, §10363; RL 1955, §239-14; HRS §660-14; gen ch 1985]
HI Rev Stat § 660-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-15 Costs.

  §660-15 Costs. If the party is confined in any prison or is in the custody of any civil officer, the court or judge granting the writ shall certify thereon the sum to be paid for the expense of bringing the party from the place where the party is imprisoned or restrained. The officer to whom the same is directed shall not be bound to obey it, unless that sum is paid or tendered to the officer. This section is subject to section 607-3, pursuant to which prepayment of the expense may be waived, or the sum required may be reduced or remitted. [L 1870, c 32, §11; RL 1925, §2738; RL 1935, §4323; RL 1945, §10364; RL 1955, §239-15; HRS §660-15; am L 1972, c 90, §5(h), (i); gen ch 1985]
HI Rev Stat § 660-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-16 Person held until writ issues, when.

  §660-16 Person held until writ issues, when. Whenever it appears by satisfactory proof, by affidavit or otherwise, to any court or judge authorized by law to issue writs of habeas corpus, that anyone is illegally held in custody, confinement, or restraint and that there is good reason to believe that the person will be carried out of the jurisdiction of the court or judge or will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued, reciting the facts and directed to the sheriff or the sheriff's deputy, or the chief of police of the city and county of Honolulu or the chief's deputies, or to any police officer in any other county, commanding such officer to take such person thus held in custody, confinement, or restraint and forthwith bring the person before the court or judge, and hold the person there until a writ of habeas corpus can be duly issued and served, after which the party alleged to be illegally restrained, shall be deemed to be before the court designated to hear the return in obedience to the writ. [L 1870, c 32, §28; RL 1925, §2739; RL 1935, §4324; RL 1945, §10365; RL 1955, §239-16; am L 1963, c 85, §3; HRS §660-16; am L 1972, c 90, §5(j); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
HI Rev Stat § 660-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-17 Return to be prompt.

  §660-17 Return to be prompt. Any person to whom a writ of habeas corpus is directed, upon payment or tender of reasonable charges or expenses for its execution if ordered by the court, and any person to whom an order to show cause is directed, shall make return thereto with as much promptness as the nature of the case will permit. [L 1870, c 32, §12; RL 1925, §2740; RL 1935, §4325; RL 1945, §10366; am L 1953, c 101, §10; RL 1955, §239-17; HRS §660-17; am L 1972, c 90, §5(k)] Case Notes  Amendment of return. 15 H. 276 (1903).
HI Rev Stat § 660-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-18 Contents.

  §660-18 Contents. The person making the return shall state therein, in writing, plainly and unequivocally:  (1) Whether he has or has not the person designated in his custody or power, or in any manner under his restraint or control;  (2) If he has the person in his custody or power, or under his restraint or control, the authority, and the time, and whole cause of such imprisonment or restraint, with a copy of any process or warrant under which the person is detained;  (3) If he has had the person in his custody or power, or under his restraint or control, and has transferred such custody, restraint, or control to another, or if he has any knowledge or suspicion that any other person exercises or claims to exercise such custody, power, restraint, or control, all that he knows or suspects.  No return shall be adjudged sufficient when the respondent has once held the person in his custody or power, or under his restraint or control, unless it states fully all that the respondent knows or suspects, or alleges unequivocally that he neither knows nor suspects, nor has any cause to suspect anything as to the custody or restraint of the person alleged to be detained, up to the time of making the return. [L 1870, c 32, §13; RL 1925, §2741; RL 1935, §4326; RL 1945, §10367; RL 1955, §239-18; HRS §660-18; am L 1972, c 90, §5(1)] Case Notes  Sufficiency of return. 31 H. 212 (1929).
HI Rev Stat § 660-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-19 Signature, oath, evidence.

  §660-19 Signature, oath, evidence. The return shall be signed by the person making it, and sworn to by the person, unless the person is a sworn public officer making the return in the person's official capacity. The return shall be evidence in the case, but not conclusive. [L 1870, c 32, §14; RL 1925, §2742; RL 1935, §4327; RL 1945, §10368; RL 1955, §239-19; HRS §660-19; gen ch 1985]
HI Rev Stat § 660-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-20 Body to be produced, except when.

  §660-20 Body to be produced, except when. The person making the return to a writ of habeas corpus shall bring the body of the person, if in the custody or power of the person making the return, or under the restraint or control of the person making the return, according to the command in the writ, unless prevented by the sickness or infirmity of the person. This shall not prevent the person making the return, if a private person, from demanding in advance actual necessary expenses of travel and transportation. [L 1870, c 32, §15; RL 1925, §2743; RL 1935, §4328; RL 1945, §10369; RL 1955, §239-20; HRS §660-20; am L 1972, c 90, §5(m); am L 2016, c 55, §38]
HI Rev Stat § 660-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-21 Procedure in case of sickness, etc.

  §660-21 Procedure in case of sickness, etc. When from sickness or infirmity of the person, the person cannot properly be brought to the place appointed for the return, that fact shall be set forth, and if verified by affidavit and established to the satisfaction of the court, the hearing may be adjourned to such other time or place or such order may be made as justice may require. [L 1870, c 32, §16; RL 1925, §2744; RL 1935, §4329; RL 1945, §10370; RL 1955, §239-21; HRS §660-21; am L 1972, c 90, §5(n); gen ch 1985]
HI Rev Stat § 660-22 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-22 Disobeying writ or order to show cause, penalties.

  §660-22 Disobeying writ or order to show cause, penalties. Any person who neglects or refuses promptly to perform any duty imposed upon such person by virtue of any writ of habeas corpus or order to show cause, conformably to this chapter, shall be responsible in a civil action to any person aggrieved for damages occasioned thereby, and may be fined not more than $5,000, or imprisoned at hard labor not more than ten years, or both. [L 1870, c 32, §26; RL 1925, §2745; RL 1935, §4330; RL 1945, §10371; am L 1953, c 101, §11; RL 1955, §239-22; HRS §660-22; gen ch 1993] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-610(2), 706-640, and 706-660.
HI Rev Stat § 660-23 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-23 Evading service, penalties.

  §660-23 Evading service, penalties. The liabilities and penalties of section 660-22 shall also be imposed upon any person who, having in that person's custody or under that person's power any person entitled to a writ of habeas corpus, with intent to elude the service of the writ or to avoid the effect thereof, transfers the person to the custody or places the person under the control or power of any other person, or conceals the person or changes the person's place of confinement. [L 1870, c 32, §27; RL 1925, §2746; RL 1935, §4331; RL 1945, §10372; RL 1955, §239-23; HRS §660-23; am L 2016, c 55, §39]
HI Rev Stat § 660-24 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-24 Hearing without delay.

  §660-24 Hearing without delay. Upon the return of the writ or order to show cause, the court shall proceed without delay to examine the causes of imprisonment or restraint. The examination may be adjourned from time to time as circumstances may reasonably require. [L 1870, c 32, §17; RL 1925, §2747; RL 1935, §4332; RL 1945, §10373; am L 1953, c 101, §12; RL 1955, §239-24; HRS §660-24; am L 1972, c 90, §5(o)]
HI Rev Stat § 660-25 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-25 Notice to other parties, when.

  §660-25 Notice to other parties, when. If the person is detained on any process under which any other person has an interest in the person's detention, and the other person or the other person's attorney is within the State and can be notified without unreasonable delay, the person detained shall not be discharged until the other person or the other person's attorney has had an opportunity to be heard. [L 1870, c 32, §18; RL 1925, §2748; RL 1935, §4333; RL 1945, §10374; RL 1955, §239-25; HRS §660-25; am L 1972, c 90, §5(p); am L 2016, c 55, §40] Cross References  Notice of parole or release, see §706-670.5.  Victim or witness rights, see chapter 801D.