reglab/housing_qa huggingface dataset:
HI Rev Stat § 634-33 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-33 Service in cases of operation of motor vehicles.

 §634-33 Service in cases of operation of motor vehicles. [(a)] The use and operation by any person, whether a resident or a nonresident of the State, of any motor vehicle upon a public highway in this State shall subject the person to the jurisdiction of the courts of this State in any action or proceeding against the person growing out of any accident or collision in which the person and the motor vehicle so used and operated may be involved. The use and operation of the motor vehicle is deemed a signification of the person's agreement that any summons against the person which is served is of the same legal force and validity as if served upon the person personally within this State, whether the person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. Service of such summons is to be made as provided by section 634-36, if the defendant cannot be found in the State.  [(b)] This section shall not be construed as repealing or amending any other provision of law relating to the service of process nor as establishing an exclusive method of service of process in cases to which this section may apply. [L 1953, c 167, § §1, 2; RL 1955, §230-33; am L 1959, c 15, §1; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; am L 1965, c 86, §1; HRS §634-69; am L 1972, c 89, §2A(l); ren HRS §634-33; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §2; gen ch 1985] Cross References  Nonresident violator compact, see chapter 291A. Case Notes  Section 657-18 did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in §634-36 and this section. 89 H. 1, 967 P.2d 1059 (1998).
HI Rev Stat § 634-34 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-34 Service on boat operators.

  §634-34 Service on boat operators. [(a)] The operation, navigation, use, or maintenance by any person, whether a resident or nonresident of the State, of any boat, ship, barge, or other watercraft in the navigable waters of the State shall subject the person to the jurisdiction of the courts of this State in any action or proceeding against the person growing out of any accident, collision, or claim for damages in which the person and the boat, ship, barge, or other watercraft may be involved in the navigable waters. The operation, navigation, use, or maintenance is deemed a signification of the person's agreement that any summons against the person which is served is of the same legal force and validity as if served upon the person personally within this State, whether the person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. Service of the summons is to be made as provided by section 634-36, if the defendant cannot be found in the State.  [(b)] This section shall not be construed as repealing or amending any other provision of law relating to the service of process nor as establishing an exclusive method of service of process in cases to which this section may apply. [L 1965, c 172, §1; Supp, §230-33.5; HRS §634-70; am L 1972, c 89, §2A(m); ren HRS §634-34; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §3; gen ch 1985]
HI Rev Stat § 634-36 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-36 Manner of service under sections 634-33 to 35.

  §634-36 Manner of service under sections 634-33 to 35. [(a)] When service of summons is provided for by section 634-33, 634-34, or 634-35, service shall be made by service upon the defendant personally by any person authorized to serve process in the place in which the defendant may be found or appointed by the court for the purpose, or sent by certified, registered, or express mail, postage prepaid, with return receipt requested, by the plaintiff or the plaintiff's attorney to the defendant. The plaintiff or the plaintiff's attorney shall file the return of the serving officer or an affidavit showing that the copy of summons and complaint were served as aforesaid or sent by certified, registered, or express mail as aforesaid, and in the latter case the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon delivery of the required papers to the defendant outside the State, personally or by mail as provided.  [(b)] If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one newspaper published in the State and having a general circulation in the circuit in which the action has been instituted, in such manner and for such time as the court may order, but not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated therein unless a different time is prescribed by order of the court. [L 1972, c 89, §2A(o); HRS §634-72; ren HRS §634-36; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §4; am L 1985, c 68, §29; am L 1987, c 283, §62; am L 1990, c 29, §1] Rules of Court  Publication of summons, see HRCP rule 4. Case Notes  Section 657-18 did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in §634-33 and this section. 89 H. 1, 967 P.2d 1059 (1998).  Defendant, who was a citizen and resident of Japan, was amenable to service by publication pursuant to this section where defendant's address was unknown, and such service would not have been pre-empted by the Hague Convention. 99 H. 488, 57 P.3d 413 (2002).
HI Rev Stat § 634-37 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-37 Presumption of notice and service of process in child support cases.

  §634-37 Presumption of notice and service of process in child support cases. Whenever notice and service of process is required for child support enforcement proceedings subsequent to an order issued pursuant to chapter 571, 576B, 576E, 580, or 584, upon a showing that diligent effort has been made to ascertain the location of a party, notice and service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry pursuant to section 571-52.6. [L 1997, c 293, §9; am L 1998, c 11, §32 and c 83, §11]
HI Rev Stat § 634-38 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-38 Manner of service within the State; assumpsit.

  §634-38 Manner of service within the State; assumpsit. For civil actions in the nature of assumpsit, when service of summons is required by law, court rule, or court order, service on the defendant within the State shall be:  (1) By personal delivery by a person authorized to serve process; or  (2) If a reasonable attempt at personal delivery has not been successful, then by certified, registered, or express mail sent to the addressee only, as ordered by the court. Service pursuant to paragraph (1) and proof of personal service shall be made in the manner prescribed by law, court rule, or court order. If service is made pursuant to paragraph (2), a return receipt or other proof of service provided by the postal service shall be filed showing delivery to the addressee within the State. [L 2014, c 41, §2]
HI Rev Stat § 634-61 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-61 Death or dissolution of plaintiff or defendant.

  §634-61 Death or dissolution of plaintiff or defendant. The death of a plaintiff or defendant or the dissolution of a corporate plaintiff or defendant shall not cause an action to abate, but it may be continued upon substitution of the proper parties as provided by the rules of court, or if the claim is one which survives to or against the surviving parties the action shall proceed in favor of or against the surviving parties as provided by the rules of court. [L 1876, c 34, §1; RL 1925, §2632; RL 1935, §4053; RL 1945, §10081; RL 1955, §230-55; am L 1967, c 82, §1; HRS §634-82; am L 1972, c 89, §2A(q); ren HRS §634-61] Rules of Court  See HRCP rules 15(d), 25(a), (c); DCRCP rules 15(d), 25. Case Notes  Defendant removed action to U.S. district court alleging complete diversity of citizenship based on plaintiff's notice of defendant doctor's death, and argued, inter alia, that under Hawaii law, a decedent is not a proper party to an action; because the time in which to substitute doctor's estate or representative had not yet passed, the action against doctor had not been dismissed; therefore, removal on that basis was premature. 61 F. Supp. 2d 1121 (1999).  Trespass quare clausum abates upon death of plaintiff. 6 H. 556 (1885), questioned 45 H. 373, 375, 369 P.2d 96 (1961).  Counsel for deceased may appear as amicus curiae on motion made prior to death. 10 H. 505 (1896).  Ejectment does not abate by death of sole defendant between verdict and judgment. 10 H. 505 (1896).  Plaintiff in ejectment having died after verdict and before defendant's bill of exceptions was allowed, plaintiff's heirs could not be substituted on motion in supreme court. 19 H. 385 (1909).  Survival of cause of action. 34 H. 667 (1938).  Suit over title to land or over performance of decedent's contract to convey land, heirs as parties. See 43 H. 241 (1959); 44 H. 464, 474, 357 P.2d 100 (1960); 45 H. 1, 13, 361 P.2d 374 (1961); 49 H. 409, 410, 420 P.2d 93 (1966).  Substitution of party must be made within reasonable time after death of party. 60 H. 125, 588 P.2d 416 (1978).  Appellant's claim against corporations not abated by involuntary dissolutions, where before default judgment was entered, corporations were involuntarily dissolved. 77 H. 417, 886 P.2d 754 (1994).  As a general rule, an heir of an undistributed estate, who has not been judicially appointed as the personal representative of a decedent's estate, is not a "proper party" for substitution pursuant to HRCP rule 25(a)(1). 89 H. 91, 969 P.2d 1209 (1998).  Defamation action does not survive death of defendant. 1 H. App. 517, 620 P.2d 771 (1980).
HI Rev Stat § 634-71 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-71 Anonymous filings.

  §634-71 Anonymous filings. (a) Upon petition to a court under this section, the court may allow a petition, complaint, motion, or other document to be filed by a party identifying the parties as "jane doe" or "john doe"; provided that when deciding to permit a "jane doe" or "john doe" filing, the court may consider factors including:  (1) The severity of the petitioner's injury;  (2) The reasonableness of the petitioner's fears of reprisal;  (3) The petitioner's vulnerability to retaliation from the action;  (4) The risk of prejudice to the other party; and  (5) Whether the public interest would be served by allowing the petitioner to remain anonymous.  (b) If there are compelling reasons sufficient to outweigh the public interest in the disclosure of the parties and it is the belief of the court that the parties' court files may become a vehicle for improper use if not made anonymous, the court may seal from the public all documents or portions of documents, including all subsequently filed documents, that would identify the parties or contain sufficient information from which the parties' identity could be discerned or inferred. [L 2011, c 225, §1]
HI Rev Stat § 634F-1 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634F. Citizen Participation in Government|634F-1 Definitions.

  §634F-1 Definitions. As used in this chapter, unless the context otherwise requires:  "Governmental body" includes a branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority.  "Judicial claim" or "claim" includes any lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.  "Lacks substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.  "Motion" includes any motion to dismiss, for summary judgment, for judgment on the pleadings or to strike, a demurrer, or any other judicial pleading filed to dispose of a judicial claim.  "Moving party" means any person on whose behalf the motion described in section 634F-2 is filed seeking dismissal of the judicial claim.  "Person" includes any individual, corporation, association, organization, partnership, two or more persons having a joint or common interest, or other legal entity.  "Public participation" means any oral or written testimony submitted or provided to a governmental body during the course of a governmental proceeding.  "Responding party" means any person against whom the motion described in section 634F-2 is filed.  "SLAPP" means a strategic lawsuit against public participation and refers to a lawsuit that lacks substantial justification or is interposed for delay or harassment and that is solely based on the party's public participation before a governmental body. [L 2002, c 187, pt of §2] Case Notes  Given the allegations in plaintiff's complaint, the filing of the office of disciplinary counsel (ODC) complaint by defendant against plaintiff did not constitute "public participation" before a governmental body, as defined in this section, because the ODC complaint did not involve "oral or written testimony" but rather set forth allegations and was a request to the ODC for an investigation. Based on the plain meaning of "testimony", even when liberally construed, the ODC complaint and allegations contained therein were not "testimony" and were not protected under chapter 634F. 129 H. 95 (App.), 294 P.3d 1081 (2013).  With respect to plaintiff's claims based on defendant siblings' communications with the mayor, the mayor's assistant, and members of the county council, the communications did not constitute "testimony" submitted or provided "during the course of a governmental proceeding" and did not constitute a strategic lawsuit against public participation. Even under a liberal construction of this section, nothing in chapter 634F suggests that an individual's unsolicited and informal communication with a government official, when there is no formal process or procedure in progress, constitutes "testimony submitted or provided to a governmental body during the course of a governmental proceeding". 129 H. 95 (App.), 294 P.3d 1081 (2013).
HI Rev Stat § 634F-2 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634F. Citizen Participation in Government|634F-2 Required procedures; motion.

  §634F-2 Required procedures; motion. Notwithstanding any law to the contrary, including rules of court, upon the filing of any motion to dispose of a claim in a judicial proceeding on the grounds that the claim is based on, relates to, or involves public participation and is a SLAPP lawsuit:  (1) The motion shall be treated as a motion for judgment on the pleadings, matters outside the pleadings shall be excluded by the court, and the court shall expedite the hearing of the motion;  (2) The moving party shall have a right:  (A) To an immediate appeal from a court order denying the motion; and  (B) To file an application for a writ of mandamus if the court fails to rule on the motion in an expedited fashion;  (3) Discovery shall be suspended, pending decision on the motion and appeals;  (4) The responding party shall:  (A) Without leave of court, have seven days to amend its pleadings to be pled with specificity, and shall include such supporting particulars as are peculiarly within the supporting pleader's knowledge; and   (B) Have the burden of proof and persuasion on the motion;  (5) The court shall make its determination based upon the allegations contained in the pleadings;  (6) The court shall grant the motion and dismiss the judicial claim, unless the responding party has demonstrated that more likely than not, the respondent's allegations do not constitute a SLAPP lawsuit as defined in section 634F-1;  (7) Any governmental body to which the moving party's acts were directed or the attorney general in the case of a state governmental body, or the county attorney or corporation counsel in the case of a county governmental body may intervene to defend or otherwise support the moving party in the lawsuit;  (8) The court shall award a moving party who prevails on the motion, without regard to any limits under state law:  (A) Actual damages or $5,000, whichever is greater;  (B) Costs of suit, including reasonable attorneys' and expert witness fees, incurred in connection with the motion; and  (C) Such additional sanctions upon the responding party, its attorneys, or law firms as the court determines shall be sufficient to deter repetition of the conduct and comparable conduct by others similarly situated; and  (9) Any person damaged or injured by reason of a claim filed in violation of their rights under this chapter may seek relief in the form of a claim for actual or compensatory damages, as well as punitive damages, attorneys' fees, and costs, from the person responsible. [L 2002, c 187, pt of §2]
HI Rev Stat § 634F-3 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634F. Citizen Participation in Government|634F-3 Relationship to other laws.

  §634F-3 Relationship to other laws. Nothing in this chapter shall limit or preclude any rights the moving party may have under any other constitutional, statutory, case or common law, or rule provisions. [L 2002, c 187,pt of §2]
HI Rev Stat § 634F-4 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634F. Citizen Participation in Government|634F-4 Rule of construction.

  §634F-4 Rule of construction. This chapter shall be construed liberally to fully effectuate its purposes and intent. [L 2002, c 187, pt of §2]
HI Rev Stat § 634J-2 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634J. Vexatious Litigants|634J-2 Motion for order requiring plaintiff to post security.

  §634J-2 Motion for order requiring plaintiff to post security. In any litigation pending in any court of this State, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion must be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant. [L 1993, c 124, pt of §1] Case Notes  As matters under this section are not exceptional matters, while a family court case (including an independent action) is on appeal, the family court has no jurisdiction to act in the case on appeal pursuant to this chapter absent prior permission by the appellate court having jurisdiction over the appeal. 97 H. 340 (App.), 37 P.3d 589 (2001).
HI Rev Stat § 634J-3 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634J. Vexatious Litigants|634J-3 Hearing procedure.

  §634J-3 Hearing procedure. At the hearing upon the motion for security the court shall consider material evidence, written or oral, by witnesses or affidavit. No determination made by the court in determining or ruling upon the motion shall be, or be deemed to be, a determination of any issue in the litigation or of the merits of the litigation. [L 1993, c 124, pt of §1]
HI Rev Stat § 634J-4 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634J. Vexatious Litigants|634J-4 Finding; amount of security.

  §634J-4 Finding; amount of security. If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the moving defendant, security in an amount and within a time as the court shall fix. [L 1993, c 124, pt of §1] Case Notes  Standard for reviewing a vexatious litigant determination is an abuse of discretion standard. 102 H. 289, 75 P.3d 1180 (2003).
HI Rev Stat § 634J-5 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634J. Vexatious Litigants|634J-5 Dismissal on failure to post security.

  §634J-5 Dismissal on failure to post security. When security that has been ordered is not furnished, the litigation shall be dismissed with prejudice as to the defendant for whose benefit it was ordered. [L 1993, c 124, pt of §1]
HI Rev Stat § 634J-6 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634J. Vexatious Litigants|634J-6 Motion as stay of proceedings.

  §634J-6 Motion as stay of proceedings. When a motion pursuant to section 634J-2 is filed prior to trial, the litigation is stayed, and the moving defendant need not plead until ten days after the motion shall have been denied, or if granted, until ten days after the required security has been furnished and the moving defendant has been given written notice. When a motion pursuant to section 634J-2 is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine. [L 1993, c 124, pt of §1]