reglab/housing_qa huggingface dataset:
HI Rev Stat § 660-26 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-26 Notice to attorney general, when.

  §660-26 Notice to attorney general, when. If the person is imprisoned on any criminal accusation, reasonable notice shall be given to the attorney general, or the attorney general's deputy, lawfully appointed, to appear and object if the attorney general or the attorney general's deputy thinks fit. [L 1870, c 32, §19; RL 1925, §2749; RL 1935, §4334; RL 1945, §10375; RL 1955, §239-26; HRS §660-26; gen ch 1985]
HI Rev Stat § 660-27 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-27 Return, hearing.

  §660-27 Return, hearing. The person imprisoned or restrained may deny any of the facts set forth in the return and may allege other material facts, and the court shall proceed in a summary way to examine the causes of imprisonment or restraint and to hear evidence which may be offered by any person interested or authorized to appear either in support of the imprisonment or restraint or against it, and thereupon to dispose of the party as law and justice may require. [L 1870, c 32, §20; RL 1925, §2750; RL 1935, §4335; RL 1945, §10376; RL 1955, §239-27; HRS §660-27] Case Notes  Section does not afford all habeas corpus petitioners absolute right to hearing; court in exercise of discretion may deny request for evidentiary hearing. 53 H. 274, 492 P.2d 953 (1972).
HI Rev Stat § 660-28 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-28 Bail, etc., before judgment.

  §660-28 Bail, etc., before judgment. Except as otherwise provided:  (1) Until judgment is given, the court may remand the party or accept bail for the party's appearance from day to day or may place the party under special care and custody, as circumstances may require; and  (2) After judgment is given, an order made by the court under paragraph (1) shall be continued in effect during a stay of enforcement of judgment, unless the trial court, the intermediate appellate court, or the supreme court after taking of the appeal, terminates the order or makes other provision in the circumstances. [L 1870, c 32, §25; am L 1923, c 217, §1; RL 1925, §2751; RL 1935, §4336; RL 1945, §10377; RL 1955, §239-28; HRS §660-28; am L 1972, c 90, §5(q); gen ch 1985; am L 2004, c 202, §72; am L 2006, c 94, §1; am L 2010, c 109, §1] Case Notes  Granting of bail discretionary. 18 H. 473 (1907).  Pending return, custody of petitioner remains undisturbed. 26 H. 363, 367 (1922).  After judgment and pending perfection of appeal, authority over custody of child. 26 H. 701 (1923).
HI Rev Stat § 660-29 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-29 Discharge, when.

  §660-29 Discharge, when. If no legal cause for the imprisonment or restraint is shown the person shall be immediately discharged therefrom. [L 1870, c 32, §21; RL 1925, §2752; RL 1935, §4337; RL 1945, §10378; RL 1955, §239-29; HRS §660-29]
HI Rev Stat § 660-30 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-30 Admitted to bail, when.

  §660-30 Admitted to bail, when. If the person is detained for any cause or offense and admittance to bail is a matter of right, the person shall be admitted to bail, or bail may be dispensed with as provided by the state constitution. If the person cannot furnish the bail ordered, then the person shall be remanded with an order of the court, expressing the sum in which the person is held to bail and the court at which the person is required to appear. [L 1870, c 32, §22; RL 1925, §2753; RL 1935, §4338; RL 1945, §10379; RL 1955, §239-30; HRS §660-30; am L 1972, c 90, §5(r); gen ch 1985]
HI Rev Stat § 660-31 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-31 Bail reduced, when.

  §660-31 Bail reduced, when. If the person is committed because the person cannot furnish the bail ordered, and the bail which is required appears to be excessive or unreasonable, the court shall decide what bail is reasonable, and shall order that upon furnishing such bail the person shall be discharged from custody. [L 1870, c 32, §23; RL 1925, §2754; RL 1935, §4339; RL 1945, §10380; RL 1955, §239-31; HRS §660-31; am L 1972, c 90, §5(s); gen ch 1985] Case Notes  Bail of $300,000 held excessive for first degree murder. 56 H. 447, 539 P.2d 1197 (1975).
HI Rev Stat § 660-32 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-32 Remanded, when.

  §660-32 Remanded, when. If the person is lawfully imprisoned or restrained, and is not entitled to be admitted to bail, he shall be remanded to the person or officer having lawful authority to detain him. [L 1870, c 32, §24; RL 1925, §2755; RL 1935, §4340; RL 1945, §10381; RL 1955, §239-32; HRS §660-32; am L 1972, c 90, §5(t)]
HI Rev Stat § 660-33 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|660. Habeas Corpus|660-33 Discharge, effect of.

  §660-33 Discharge, effect of. No person who has been discharged upon a writ of habeas corpus shall be again imprisoned or restrained for the same cause, unless the person is indicted therefor, or convicted thereof, or committed for want of bail, by some court of record, having jurisdiction of the cause, or unless after a discharge for default of proof, or for some material default in the commitment in a criminal case, the person is again arrested on sufficient proof, and committed by legal process, for the same offense. [L 1870, c 32, §30; RL 1925, §2756; RL 1935, §4341; RL 1945, §10382; RL 1955, §239-33; HRS §660-33; gen ch 1985] Case Notes  This section relates to a final discharge, not to judgment of discharge which has been arrested by an appeal. 13 H. 534 (1901).  Decision discharging prisoner conclusively determines that the prisoner was not liable to be held on the state of facts then existing. 15 H. 276 (1903).
HI Rev Stat § 661-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-2 Judgment against claimant when.

  §661-2 Judgment against claimant when. Upon the trial of any cause in which any counterclaim or other demand is set up on the part of the State against any person making claim against the State, the court shall, without the intervention of a jury, hear and determine the claim or demand both for and against the State and claimant; and if upon the whole case it finds that the claimant is indebted to the State, it shall render judgment to that effect. [L 1894-5, c 26, §2; RL 1925, §2670; am L 1929, c 213, §2; RL 1935, §4421; RL 1945, §10476; RL 1955, §245-2; HRS §661-2; am L 1972, c 164, §1(b)] Cross References  Costs, bond, when State a party, see §607-24.  Money paid under protest, suit to recover, see §40-35.
HI Rev Stat § 661-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-3 No jurisdiction, when.

  §661-3 No jurisdiction, when. No person shall file or prosecute under this part any claim for or in respect to which that person or any assignee of that person has pending an action against a person who, at the time when the claim alleged in the action arose, was, in respect thereto, acting or professing to act, directly or indirectly, under the authority of the State. [L 1894-5, c 26, §3; RL 1925, §2671; RL 1935, §4422; RL 1945, §10477; RL 1955, §245-3; HRS §661-3; am L 1972, c 164, §1(c); am L 2016, c 55, §42] Case Notes  Section does not prevent joinder of State and person who acted or professed to act under State's authority as defendants in one suit. 9 H. App. 21, 821 P.2d 937 (1991).  Where plaintiffs brought individual and class action claims against only the employees' retirement system and did not file a lawsuit against the State while there was a pending action against a person acting under state authority, this section did not bar the circuit court from having jurisdiction. 121 H. 462 (App.), 220 P.3d 1043 (2009).
HI Rev Stat § 661-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-4 Action by alien, when.

  §661-4 Action by alien, when. Aliens who are citizens or subjects of a government that accords to citizens of this State the right to prosecute claims against that government in its courts shall have the privilege of prosecuting claims against the State under this part. [L 1894-5, c 26, §4; RL 1925, §2672; RL 1935, §4423; RL 1945, §10478; RL 1955, §245-4; HRS §661-4; am L 1972, c 164, §1(d); am L 2016, c 55, §43]
HI Rev Stat § 661-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-5 Limitations on action.

  §661-5 Limitations on action. Every claim against the State, cognizable under this part, shall be forever barred unless the action is commenced within two years after the claim first accrues; provided that the claims of persons under legal disability shall not be barred if the action is commenced within one year after the disability has ceased. [L 1894-5, c 26, §5; RL 1925, §2673; RL 1935, §4424; RL 1945, §10479; RL 1955, §245-5; HRS §661-5; am L 1972, c 164, §1(e); am L 2016, c 55, §44] Cross References  Actions on contract for loss in connection with registered land, see §501-217. Case Notes  Court on own motion will dismiss action if not brought within time limited, namely, two years. 11 H. 404 (1898).  Claim accrues when the plaintiff knew or should have known that an actionable wrong has been committed. 63 H. 117, 621 P.2d 957 (1980).  Lawsuit seeking judicial review of employees' retirement system declaratory order not time-barred. 75 H. 42, 856 P.2d 1227 (1993).  Where employees' retirement system trustees were alleging in lawsuit that Act 100, L 1999 was unconstitutional as being violative of article XVI, §2 of the Hawaii constitution, their claims were not "founded upon any statute of the State; or upon any regulation of an executive department; or upon any contract" and were not referred to the court by the legislature; thus, trustees' claims were not cognizable under chapter 661, and, therefore, were not subject to the statute of limitations set forth in this section. 114 H. 302, 162 P.3d 696 (2007).  The circuit court did not err in summarily ruling that this section barred claims against the State for back pay prior to November 8, 2000 where there was nothing in the record to indicate why plaintiffs could not have brought their claims within the two-year statute of limitations period and there was no "extraordinary circumstance". 122 H. 150 (App.), 223 P.3d 215 (2009).  Under the "continuing tort doctrine", while the statute of limitations is "tolled" by a continuing tortious act, recovery may be had only for damages accruing within the statutory period before the action, but not for damages accrued prior to that period; thus, the statute of limitations applicable to periodic pay claims begins to run on each paycheck as it becomes due and plaintiffs' claims for back pay due prior to November 8, 2000 were barred by this section, but their claims for pay due from that date onward were not barred by the statute of limitations. 122 H. 150 (App.), 223 P.3d 215 (2009).
HI Rev Stat § 661-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-6 Complaint; assignments.

  §661-6 Complaint; assignments. The claimant shall, in all cases, in addition to setting forth the claimant's claim, show:  (1) What persons are owners of the claim or interested therein, with their citizenship;  (2) The names and citizenship of all persons who have been at any time owners of the claim or any part thereof or interest therein, all of whom shall be citizens of the United States or persons eligible under section 661-4; and  (3) That no assignment or transfer of the claim, or of any part thereof or interest therein, has been made, except as stated in the complaint.  Section 634-1 shall be applicable. [L 1894-5, c 26, §6; RL 1925, §2674; RL 1935, §4425; RL 1945, §10480; RL 1955, §245-6; HRS §661-6; am L 1972, c 164, §1(f); gen ch 1985] Revision Note  Section "634-1" substituted for "634-31" and in paragraph (2), "and" added after ending punctuation pursuant to §23G-15. Case Notes  In action against Territory on contract made by certain officers of house of representatives, petition should show authority to make it. 19 H. 491 (1909).
HI Rev Stat § 661-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-7 Claim forfeited by fraud.

  §661-7 Claim forfeited by fraud. (a) Any person who intentionally submits a false claim or attempts to commit any fraud against the State in the proof, statement, establishment, or allowance of any claim or of any part of any claim against the State shall forfeit the same to the State; and when an action is brought to recover on such a claim, the court shall find specifically that fraud was committed or attempted to be committed, and thereupon give judgment that such claim is forfeited to the State, and that the claimant is forever barred from prosecuting the same.  (b) Any person who intentionally submits a false claim or attempts to commit a fraud against the State in the proof, statement, establishment, or allowance of any claim under $5,000 or any part of any claim under $5,000 against the State shall, in addition to any other penalty provided by law, be liable for civil penalties of:  (1) Payment of interest on the amount of excess benefits or payments at the maximum legal rate in effect on the date the payment was made to the person, for the period from the date upon which payment was made to the date upon which repayment is made to the State;  (2) Payment of an amount not to exceed double the amount of such excess benefits or payments; and  (3) Payment in the sum of $1,000 for each fraudulent claim or part of a fraudulent claim made against the State.  (c) All interest and penalties provided for in this section may be sought and recovered in an administrative proceeding held pursuant to chapter 91 and conducted by the department to which the claim was submitted. [L 1894-5, c 26, §7; RL 1925, §2675; RL 1935, §4426; RL 1945, §10481; RL 1955, §245-7; HRS §661-7; am L 1979, c 115, §1] Revision Note  Pursuant to §23G-15: (1) In subsection (a), commas deleted before and after the phrase "or of any part of any claim against the State"; (2) In subsection (b)(1), "said person" changed to "the person"; (3) Subsection "(c)" designation added; and (4) In subsection (c), "and" added after "chapter 91". Case Notes  Defense under section discussed. 58 H. 187, 567 P.2d 397 (1977).
HI Rev Stat § 661-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-8 Interest.

  §661-8 Interest. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the court, unless upon a contract expressly stipulating for the payment of interest, or upon a refund of a payment into the "litigated claims fund" as provided by law. [L 1894-5, c 26, §8; RL 1925, §2676; RL 1935, §4427; RL 1945, §10482; am L 1951, c 224, §4; RL 1955, §245-8; HRS §661-8] Cross References  Litigated claims fund, see § §40-35 and 232-24. Case Notes  Section does not preclude prejudgment interest where the State is not involved. 51 H. 346, 461 P.2d 140 (1969).  As this section disallows prejudgment interest on claims against the State, except in certain, identified instances, the State did not waive its sovereign immunity from an award of prejudgment interest under this section, and §478-2 did not contradict or supersede the limitation of the State's obligation to pay prejudgment interest only upon a "contract expressly stipulating for the payment of interest", the circuit court did not err when it denied plaintiffs' request for prejudgment interest. 122 H. 150 (App.), 223 P.3d 215 (2009).  Mentioned: 654 F. Supp. 2d 1142 (2009).
HI Rev Stat § 661-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-9 REPEALED.

  §661-9 REPEALED. L 2004, c 202, §81.
HI Rev Stat § 661-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-10 Actions by State.

  §661-10 Actions by State. Whenever it is necessary or desirable for the State in order to collect or recover any money or penalty, or to recover or obtain the possession of any specific property, real or personal, or to enforce any other right (except in respect to criminal prosecutions) to institute judicial proceedings, except as otherwise expressly provided by law, the attorney general may bring and maintain an action or actions for any such purpose in any appropriate court or courts. All such actions shall be entitled in the name of the State by the attorney general, against the party or parties or thing sued, as defendants. [L 1888, c 51, §1; am imp Org Act, § §2, 81, 86; RL 1925, §2678; RL 1935, §4429; RL 1945, §10484; RL 1955, §245-10; HRS §661-10; am L 1972, c 164, §1(h)] Case Notes  Where complaints asserted that the attorney general brought the actions under §480-2(d) and this section, the state procedural devices were not similar to an action under rule 23 of the federal rules of civil procedure. 761 F.3d 1027 (2014).  Discussed, regarding the attorney general's authority to bring a non-class action parens patriae suit that sought, among other things, an order enjoining defendants from engaging in unfair or deceptive acts or practices and civil penalties. 907 F. Supp. 2d 1188 (2012).  Suit by public official must be in the name of the government. 7 H. 314 (1888).  Suit entitled in name of the Hawaiian government by attorney general could be brought by attorney general through counsel. 8 H. 16 (1890).  Section is irrelevant and attorney general is without standing as party to rate proceeding before PUC. 54 H. 663, 513 P.2d 1376 (1973).
HI Rev Stat § 661-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-11 Tort claims against State where covered by insurance.

  §661-11 Tort claims against State where covered by insurance. (a) This section applies to an action where:  (1) The State is a party defendant;  (2) The subject matter of the claim is covered by a primary insurance policy entered into by the State or any of its agencies; and  (3) Chapter 662 does not apply. No defense of sovereign immunity shall be raised in an action under this section. However, the State's liability under this section shall not exceed the amount of, and shall be defrayed exclusively by, the primary insurance policy.  (b) An action under this section shall not be subject to sections 661-1 to 661-10. [L 1955, c 253, §1; RL 1955, §245-11; HRS §661-11; am L 1972, c 164, §1(i); am L 1988, c 266, §2; am L 2016, c 55, §45] Cross References  State risk management and insurance administration, see chapter 41D. Case Notes  State, University of Hawaii, and Research Corporation of the UH waived immunity under Eleventh Amendment and consented to suit in federal court. 512 F. Supp. 889 (1981).  The applicability of this section was immaterial to the case where, whether or not the State's sovereign immunity was waived pursuant to this section with respect to plaintiff's claim against the State for vicarious liability, where the Hawaii employer-union health benefits trust fund trustees' choice of a two-tiered rate structure was not an abuse of discretion, the trustees did not breach a fiduciary duty, and thus, the State could not be vicariously liable therefor. 115 H. 126, 165 P.3d 1027 (2007).
HI Rev Stat § 661-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-12 Awards of attorney's fees against agencies.

  §661-12 Awards of attorney's fees against agencies. (a) Any law to the contrary notwithstanding, in any civil proceeding initiated by a small business against any agency in a state court, the court shall allow the small business reasonable attorney's fees, if the court finds that the agency lacked a reasonable basis for its action.  (b) Any agency against which a civil proceeding is initiated in any state court may request and shall be awarded reasonable attorney's fees, if the court finds that the small business' action was frivolous and wholly without merit.  (c) Whenever any court awards attorney's fees pursuant to this section, the award shall not exceed $7,500. The award shall be limited to the attorney's normal hourly rate, but in no event more than $75 an hour multiplied by the number of hours reasonably spent in litigating claims and issues upon which the claimant clearly and substantially prevails. If a small business is represented by counsel from a publicly funded legal service organization, attorney's fees shall not be awarded.  (d) The small business or agency shall provide the court with evidence to establish the attorney's normal hourly rate and the number of hours spent representing the claimant on each issue or claim which the claimant asserts. Each request for attorney's fees shall be accompanied by itemized records detailing the nature of the services provided or performed and the amount of time spent coincidental to the time when the legal services were actually provided or performed. A claimant that fails to comply with this section shall not be awarded attorney's fees.  (e) All attorney's fees awarded against an agency pursuant to this section shall be payable only after a budget request for the amount is submitted to and approved by the legislature. The amount of attorney's fees awarded against an agency shall be identified by the agency and included in the agency's budget request submitted to the legislature for the fiscal year immediately following the year the award was made against the agency. If the budget request is approved by the legislature, that amount shall be included in the program appropriation for the agency in the appropriation bill for that fiscal year.  (f) As used in this section:  "Agency" means any state or county board, commission, department, or officer authorized by law to make rules or to adjudicate contested cases except those in the legislative or judicial branches.  "Civil proceeding" means any proceeding other than a criminal proceeding or a proceeding before a family court.  "Small business" means an independently owned business with less than fifty employees. [L 1986, c 336, §1] Cross References  Vexatious litigants, see chapter 634J.
HI Rev Stat § 661-22 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-22 Civil actions for false claims.

  §661-22 Civil actions for false claims. The attorney general shall investigate any violation under section 661-21. If the attorney general finds that a person has violated or is violating section 661-21, the attorney general may bring a civil action under this section. [L 2000, c 126, pt of §1]
HI Rev Stat § 661-23 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|661. Actions By and Against the State|661-23 Evidentiary determination; burden of proof.

  §661-23 Evidentiary determination; burden of proof. A determination that a person has violated the provisions of this part shall be based on a preponderance of the evidence. [L 2000, c 126, pt of §1; am L 2001, c 55, §28(2)]