reglab/housing_qa huggingface dataset:
HI Rev Stat § 624D-4 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624D. Uniform Interstate Depositions and Discovery Act|624D-4 Service of subpoena.

 §624D-4 Service of subpoena. A subpoena issued by a clerk of court under section 624D-3 shall be served in compliance with rule 45(c) of the Hawaii rules of civil procedure. [L 2012, c 17, pt of §1]
HI Rev Stat § 624D-5 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624D. Uniform Interstate Depositions and Discovery Act|624D-5 Deposition, production, and inspection.

 §624D-5 Deposition, production, and inspection. Rules 26, 27, 28, 29, 30, 31, 34(c), and 45 of the Hawaii rules of civil procedure shall apply to subpoenas issued under section 624D-3. [L 2012, c 17, pt of §1]
HI Rev Stat § 624D-6 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624D. Uniform Interstate Depositions and Discovery Act|624D-6 Application to court.

 §624D-6 Application to court. A motion to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 624D-3 shall comply with the rules of court and statutes of this State and be submitted to the court in the circuit in which discovery is to be conducted. [L 2012, c 17, pt of §1]
HI Rev Stat § 624D-7 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|624D. Uniform Interstate Depositions and Discovery Act|624D-7 Application to pending actions.

 §624D-7 Application to pending actions. This chapter applies to requests for discovery in cases pending on April 12, 2012. [L 2012, c 17, pt of §1] Revision Note  "April 12, 2012" substituted for "the effective date of this chapter".
HI Rev Stat § 626-1 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|626. Hawaii Rules of Evidence|626-1 Enactment.

  §626-1 Enactment. The Hawaii Rules of Evidence as set forth in this section is enacted:
HI Rev Stat § 701-105 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|626. Hawaii Rules of Evidence|701-105 (1976), which limits the effect of the penal code commentary because, as the commentary to that section points out, "of the strong judicial deference given legislative committee reports and other evidence of legislative intent authored by the Legislature or its staff." See State v. Aiu, 59 H. 92, 98, 576 P.2d 1044, 1049 (1978); State v. Anderson, 58 H. 479, 483, 572 P.2d 159, 162 (1977); State v. Alo, 57 H. 418, 426-27, 558 P.2d 1012, 1017 (1976); State v. Nobriga, 56 H. 75, 77, 527 P.2d 1269, 1273 (1974).

 Rule 102.1 Effect of commentary. The commentary to these rules when published may be used as an aid in understanding the rules, but not as evidence of legislative intent. L 1980, c 164, pt of §1 RULE 102.1 COMMENTARY  This rule has no Fed. R. Evid. counterpart. It closely resembles Hawaii Rev. Stat. §701-105 (1976), which limits the effect of the penal code commentary because, as the commentary to that section points out, "of the strong judicial deference given legislative committee reports and other evidence of legislative intent authored by the Legislature or its staff." See State v. Aiu, 59 H. 92, 98, 576 P.2d 1044, 1049 (1978); State v. Anderson, 58 H. 479, 483, 572 P.2d 159, 162 (1977); State v. Alo, 57 H. 418, 426-27, 558 P.2d 1012, 1017 (1976); State v. Nobriga, 56 H. 75, 77, 527 P.2d 1269, 1273 (1974).
HI Rev Stat § 704-416 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|626. Hawaii Rules of Evidence|704-416 overrides this rule. 71 H. 591, 801 P.2d 27 (1990).

 Rule 702.1 Cross-examination of experts. (a) General. A witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be cross-examined as to (1) the witness' qualifications, (2) the subject to which the witness' expert testimony relates, and (3) the matter upon which the witness' opinion is based and the reasons for the witness' opinion.  (b) Texts and treatises. If a witness testifying as an expert testifies in the form of an opinion, the witness may be cross-examined in regard to the content or tenor of any scientific, technical, or professional text, treatise, journal, or similar publication only if:  (1) The witness referred to, considered, or relied upon such publication in arriving at or forming the witness' opinion, or  (2) Such publication qualifies for admission into evidence under rule 803(b)(18). [L 1980, c 164, pt of §1; gen ch 1985] RULE 702.1 COMMENTARY  This rule has no counterpart in Fed. R. Evid. It is modeled on Cal. Evid. Code §721.  Subsection (a): An expert witness differs from a lay witness principally in his ability to draw and to testify to inferences that are beyond the competence of the trier of fact. In addition, the expert is not restricted to firsthand knowledge and may base his opinions and inferences on a wide variety of data and facts perceived by him or made known to him, whether or not they are admissible in evidence, see Rule 703 infra.  Such a broad testimonial range suggests the need for an equally broad cross-examination, and subsection (a) of this rule provides the appropriate latitude. Subsection (a) restates existing law, see McCandless v. Waiahole Water Co., Ltd., 35 H. 314, 320 (1940).  Subsection (b): This subsection clarifies the permissible use of texts and treatises on cross-examination. Hawaii courts have long recognized that an expert may be subjected to cross-examination concerning publications upon which he has relied, see Fraga v. Hoffschlaeger, 26 H. 557, 567 (1922).  Subsection (b)(2) parallels Rule 803(b)(18) which, agreeably with Fed. R. Evid. 803(18), exempts from the hearsay exclusion those texts and treatises that are used on cross-examination. The criterion of Rule 803(b)(18) is that the material be "established as a reliable authority," regardless of whether or not the witness has relied on it. Use of such material on cross-examination was approved in Ruth v. Fenchel, 37 N.J. Super. 295, 117 A.2d 284 (1955), aff'd, 21 N.J. 171, 121 A.2d 373 (1956). The Ruth case was cited approvingly by Chief Justice Richardson in Tittle v. Hurlbutt, 53 H. 526, 534, 497 P.2d 1354, 1359 (1972), in connection with the following statement: "This court recognizes the wisdom of enlarging the scope of use of medical texts on cross-examination." That wisdom is codified in subsection (b). Case Notes  Section 704-416 overrides this rule. 71 H. 591, 801 P.2d 27 (1990).
HI Rev Stat § 626-2 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|626. Hawaii Rules of Evidence|626-2 Effective date; applicability to future cases and pending cases.

  §626-2 Effective date; applicability to future cases and pending cases. This chapter shall take effect on January 1, 1981.  The Hawaii Rules of Evidence in section 626-1 shall apply to actions, cases, and proceedings brought on or after January 1, 1981; provided that the rules shall also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary rules or principles shall apply. [L 1980, c 164, pt of §1]
HI Rev Stat § 626-3 (2021)
2021 Hawaii Revised Statutes|Title 33. Evidence|626. Hawaii Rules of Evidence|626-3 Inconsistent laws.

  §626-3 Inconsistent laws. If any other provision of law, including any rule promulgated by the supreme court, is inconsistent with this chapter, this chapter shall govern unless this chapter or such inconsistent provision of law specifically provides otherwise. [L 1980, c 164, pt of §1]
HI Rev Stat § 632-2 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|632. Declaratory Judgments|632-2 Appeals.

  §632-2 Appeals. Declaratory judgments may be reviewed as other judgments. [L 1921, c 162, §2; RL 1925, §2919; RL 1935, §4221; RL 1945, §9972; RL 1955, §228-2; HRS §632-2; am L 1972, c 89, §1(d)]
HI Rev Stat § 632-3 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|632. Declaratory Judgments|632-3 Further relief upon judgment.

  §632-3 Further relief upon judgment. Further relief based on a declaratory judgment may be granted whenever necessary or proper, after reasonable notice and hearing, against any adverse party whose rights have been adjudicated by the judgment. [L 1921, c 162, §3; RL 1925, §2920; RL 1935, §4222; RL 1945, §9973; RL 1955, §228-3; HRS §632-3; am L 1972, c 89, §1(e)] Case Notes  Cited as authorizing the grant of ancillary equitable relief, including relief from forfeiture of lease for breach of covenant. 58 H. 606, 575 P.2d 869 (1978).  Where the court did not adjudicate the rights of any party because the declaratory judgment was voluntarily dismissed, section inapplicable. 103 H. 26, 79 P.3d 119 (2003).  Where the recipients of the contracts awarded under §3 ­-122-166 (repealed), Hawaii administrative rules, were not made parties to the case and, therefore, their rights were not "adjudicated by the judgment", the circuit court could not have invalidated the contracts as "ancillary relief". 132 H. 333, 322 P.3d 228 (2014).
HI Rev Stat § 632-6 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|632. Declaratory Judgments|632-6 Provisions, remedial.

  §632-6 Provisions, remedial. This chapter is declared to be remedial. Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle the party to maintain an ordinary action therefor. It is to be liberally interpreted and administered, with a view to making the courts more serviceable to the people. [L 1921, c 162, §6; RL 1925, §2923; RL 1935, §4225; RL 1945, §9976; RL 1955, §228-6; HRS §632-6; gen ch 1985] Case Notes  Cited: 27 H. 420, 424 (1923); 31 H. 720, 721 (1930).
HI Rev Stat § 633-8 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-8 Order to show cause.

  §633-8 Order to show cause. Upon the filing of a complaint with a copy of a lease or rental contract and an affidavit sworn to by the plaintiff or some competent affiant setting forth a statement of facts sufficient to show that the leased or rented personal property has been in the defendant's possession at least fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the court may issue an order directing the defendant to either return the leased or rented personal property to the plaintiff or to appear and show cause for the possession at such time as the court shall direct, but no later than five days from the date of service of the order to show cause. The order to show cause shall also provide that, if the leased or rented personal property is not returned to the plaintiff before the hearing, the defendant shall, if reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the satisfaction of the court that the plaintiff is entitled to possession of the leased or rented personal property, it shall issue an order directed to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of public safety's list under section 353C-11 commanding the sheriff, deputy sheriff, police officer, or independent civil process server to seize the personal property therein described and to deliver the same to the plaintiff or the plaintiff's agent. Service of the order to show cause shall be as provided by law or rule of court for cases in the district courts, or by registered mail or by certified mail with return receipt showing delivery within the circuit. [L 1980, c 171, §2; am L 1981, c 176, §2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §5; am L 2013, c 116, § §7, 25(6); am L 2015, c 101, §4; am L 2021, c 41, §7] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
HI Rev Stat § 633-29 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-29 Fees and costs; waiver.

  §633-29 Fees and costs; waiver. The fee for issuing summons and copies, trial, judgment, and satisfaction in an action in the small claims division of the district court shall be not more than $35. Other fees shall be as prescribed by statute or rule of court. The judge may waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satisfactory evidence of the plaintiff's inability to pay the costs. [L 1970, c 182, pt of §1; am L 1971, c 144, §23; gen ch 1985; am L 1990, c 235, §1; am L 1998, c 128, §5]
HI Rev Stat § 633-30 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-30 Counterclaim; retention of jurisdiction.

  §633-30 Counterclaim; retention of jurisdiction. When the limit of the district court as provided by section 633-27 is exceeded in a counterclaim but within the jurisdictional limit of the court as provided by section 604-5, the action shall nevertheless remain in the small claims division of the district court and be tried therein in its entirety; provided that the district court having jurisdiction over a civil action involving summary possession shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute between landlord and tenant in a residential landlord-tenant relationship. [L 1970, c 182, pt of §1; am L 1971, c 144, §24; am L 2005, c 12, §3]
HI Rev Stat § 633-31 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-31 Jury trial; demand; assignment to other court.

  §633-31 Jury trial; demand; assignment to other court. In a case filed or pending in the small claims division of the district court in which a party entitled to a trial by jury files a demand therefor, the case shall be assigned to and tried in the circuit court under the procedure provided for jury trials. [L 1970, c 182, pt of §1]
HI Rev Stat § 633-32 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-32 Evidence.

  §633-32 Evidence. In a case tried in the small claims division, the court shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and is not bound by the rules of evidence, whether or not set out by statute, except provisions relating to privileged communications. [L 1970, c 182, pt of §1; am L 1971, c 144, §25]
HI Rev Stat § 633-33 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-33 Judgment for wages; oral examination; payment.

  §633-33 Judgment for wages; oral examination; payment. When a judgment in an action pursuant to this chapter is founded in whole or in part on a claim for wages or personal services, the court, upon motion of the party obtaining judgment, shall order the appearance of the party against whom the judgment has been entered but not more often than once each week for four consecutive weeks, for oral examination under oath as to the financial status of the party against whom the judgment has been entered and that party's ability to pay the judgment, and the court shall make supplementary orders as seems just and proper to effectuate the payment of the judgment upon reasonable terms. [L 1970, c 182, pt of §1; am L 1971, c 144, §26; am L 2017, c 12, §67]
HI Rev Stat § 633-34 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-34 Award of costs.

  §633-34 Award of costs. In any action pursuant to this chapter, the award of costs is in the discretion of the court, which may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the action, incurred by either party. No attorney's fees or commissions shall be allowed or awarded under section 607-14 by any judgment of the small claims division. [L 1970, c 182, pt of §1; am L 1971, c 144, §27; am L 2016, c 55, §25]
HI Rev Stat § 633-35 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-35 Other rights of judgment creditor.

  §633-35 Other rights of judgment creditor. Except as otherwise provided by this chapter, or in the rules of court, a party obtaining a judgment in the small claims division of the district court is entitled to the same remedies, processes, costs, and benefits as are given or inure to other judgment creditors in the court. [L 1970, c 182, pt of §1; am L 1971, c 144, §28]
HI Rev Stat § 633-36 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-36 Forms and public information.

  §633-36 Forms and public information. For the more effective carrying out of this chapter, the chief justice, as administrative head of the judiciary department, shall cause to be published a booklet or pamphlet describing, in language readily understandable by a layperson, the procedures of the small claims division of the district court, the remedies available upon judgment in the small claims division of the district court and such other information as will facilitate the utilization of the small claims procedure and shall also cause to be made and printed such standardized forms as may be utilized throughout the small claims procedure prior to, upon and after judgment. [L 1970, c 182, pt of §1; am L 1971, c 144, §29; gen ch 1993]
HI Rev Stat § 633-37 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|633. Small Claims, District Courts|633-37 REPEALED.

  §633-37 REPEALED. L 1971, c 144, §30.
HI Rev Stat § 634-1 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-1 Assignee; nonnegotiable chose.

 [ §634-1] Assignee; nonnegotiable chose. The assignee of any nonnegotiable chose in action, assigned in writing, may maintain thereon in the assignee's own name any action which, but for the assignment, might be maintained by the assignor; subject, however, to all equities and setoffs existing in favor of the party liable against the assignor and which existed at the time of the assignment or at any time thereafter until notice thereof was given to the party liable, except as otherwise provided. L 1898, c 7, §1; RL 1925, §2361; RL 1935, §4045; RL 1945, §10037; RL 1955, §230-7; HRS §634-31; am L 1972, c 89, §2A(a); ren HRS §634-1; gen ch 1985 Rules of Court  Real party in interest, see HRCP rule 17(a); DCRCP rule 17(a). Setoff, see HRCP rule 13; DCRCP rule 13. Case Notes Cases prior to adoption of the Hawaii Rules of Civil Procedure.  Requiring joinder as coplaintiff on breach of contract. 5 H. 430 (1885).  Set off against assignee. 11 H. 764 (1899).  Assignee of judgment may sue in own name. 20 H. 138 (1910), aff'd 226 U.S. 462 (1913).  Endorsee for collection may sue in own name. 29 H. 434 (1926).  May sue in assignor's or assignee's name, under common law rule. 30 H. 959 (1929).  Principal and agent. 31 H. 12 (1929).  Legality of assignment. 34 H. 754 (1947).  Cited: 20 H. 146, 149 (1910); 27 H. 642, 645 (1923); 36 H. 676, 680 (1944).
HI Rev Stat § 634-2 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-2 Joint contractual obligations.

  §634-2 Joint contractual obligations. In an action on a contract on which two or more persons are jointly, jointly and severally, or severally liable, the court in which the action is pending has jurisdiction to proceed against such of the obligors as can be served as if they were the only obligors. [CC 1859, §1105; RL 1925, §2363; RL 1935, §4047; RL 1945, §10039; RL 1955, §230-9; HRS §634-33; am L 1972, c 89, §2A(b); ren HRS §634-2] Rules of Court  See HRCP rules 19, 20; DCRCP rule 20. Service, see HRCP rule 4; DCRCP rule 4. Case Notes  Action cannot be maintained against one only of several joint contractors. 1 H. 71 (1852).  Waiver will cure misjoinder, failure to take advantages of defense. 2 H. 184 (1859).  In ejectment several defendants claiming separate interests in land are proper parties defendant. 5 H. 434 (1885); 18 H. 494 (1907).  Joint contractors should be joined in suit. 7 H. 563 (1889).  Judgment is joint though the obligation may be joint and several. 9 H. 306 (1893), criticized, 20 H. 138, 141 (1910).  Assignor of lease need not be a party to a bill in specific performance of covenant to renew. 9 H. 597 (1895).  Failure to join necessary parties may subject pleading to demurrer or motion. 10 H. 340 (1896).  Nonjoinder of one of the joint makers of a note cured by the verdict. 10 H. 540 (1896).  Suit against joint makers of promissory note must be either joint or several. 10 H. 540 (1896).  Service on all defendants unnecessary when all are joined as parties. 12 H. 344 (1900).  All parties to a joint and several contract must be joined, and in actions on judgment, all judgment debtors must be joined or excuse shown for not doing so. 13 H. 339, 361 (1901).  Principal debtor need not be joined with grantors as defendants. 13 H. 690 (1901).  Does not apply to joint trustees in a statutory action at law to quiet title. 15 H. 401 (1904).  Persons named as joint debtors in a contract not signed by them cannot be joined in an action on the contract. 16 H. 332 (1904).  County need not be joined in a tax action though it receives half the taxes. 17 H. 146 (1905).  Parties need not be joined in action by one surety against co-sureties for contribution. 22 H. 540, 546 (1915).  In tort action the liability of a co-defendant is several as well as joint and several. 24 H. 579 (1918), modified on other grounds, 24 H. 597 (1919).  Service of assignment of errors on one of several joint defendants is constructive service on the rest. 24 H. 774, 776 (1919).  In tort may join defendants when they concur in negligent action. 25 H. 508 (1920).  Wife in action on promissory note against a partnership of which husband is a member need not join husband. 27 H. 369 (1923).  No joinder of plaintiffs in a contract by one party with 103 others each of whom has a separate contract. 29 H. 122 (1926).  Partnership pleading. 33 H. 567 (1935).  May not join defendants in the alternative. 40 H. 86 (1953).  Referred to: 3 H. 695, 696 (1876).
HI Rev Stat § 634-3 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-3 Actions against persons by firm name.

  §634-3 Actions against persons by firm name. Whenever two or more persons, associated in any business, transact such business under a firm name, whether it comprises the names of such persons or not, the associates may be sued by such firm name, the summons in such case being served on one or more of the associates or as otherwise provided by rule of court; and any judgment recovered against the firm, as such, may be enforced against the firm property, and against the individual property of any of the associates who have been served with process or who have appeared in the action. [L 1915, c 210, §1; RL 1925, §2364; RL 1935, §4048; RL 1945, §10040; RL 1955, §230-10; HRS §634-34; am L 1972, c 89, §2A(c); ren HRS §634-3] Cross References  Organizations and associations, see §634-30. Rules of Court  See HRCP rule 23.2.  Service, see HRCP rule 4. Case Notes  Cited: 33 H. 180, 191 (1934).