reglab/statecodes huggingface dataset:
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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)]
2023 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).
2023 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.
2023 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)]
2023 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]
2023 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)]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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)]
2023 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.
2023 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]
2023 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).
2023 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).
2023 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]
2023 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]
2023 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).
2023 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)]
2023 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).
2023 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.
2023 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).
2023 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]
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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]
2023 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)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 661. Actions By and Against the State › 661-24 Statute of limitations.

§661-24 Statute of limitations.
An action for false claims to the State pursuant to this part shall be brought within six years after the false claim is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after the date on which the violation of section 661-21 is committed. [L 2000, c 126, pt of §1; am L 2001, c 55, §28(3)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 661. Actions By and Against the State › 661-25 Action by private persons.

§661-25 Action by private persons.
(a) A person may bring a civil action for a violation of section 661-21 for the person and for the State. The action shall be brought in the name of the State. The action may be dismissed only with the written consent of the court, taking into account the best interests of the parties involved and the public purposes behind this part.
(b) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the State in accordance with the Hawaii rules of civil procedure. The complaint shall be filed in camera, shall remain under seal for at least sixty days, and shall not be served on the defendant until the court so orders. The State may elect to intervene and proceed with the action within sixty days after it receives both the complaint and the material evidence and information.
(c) The State may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subsection (b). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until twenty days after the complaint is unsealed and served upon the defendant in accordance with the Hawaii rules of civil procedure.
(d) Before the expiration of the sixty-day period or any extension obtained, the State shall:
(1) Proceed with the action, in which case the action shall be conducted by the State and the seal shall be lifted; or
(2) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action and the seal shall be lifted.
(e) When a person brings an action under this section, no person other than the State may intervene or bring a related action based on the facts underlying the pending action. [L 2000, c 126, pt of §1; am L 2001, c 55, §28(4)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 661. Actions By and Against the State › 661-29 Fees and costs of litigation.

§661-29 Fees and costs of litigation.
The State shall not be liable for expenses or fees, including attorney fees, that a person incurs in bringing an action under this part and shall not elect to pay those expenses or fees. [L 2000, c 126, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 661. Actions By and Against the State › 661-30 Relief from retaliatory actions.

§661-30 Relief from retaliatory actions.
(a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment, contract, or agency relationship because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under section 661-25 or other efforts to stop or address any conduct described in section 661-21(a).
(b) Relief under subsection (a) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An action for relief from retaliatory actions under subsection (a) may be brought in the appropriate court of this State for the relief provided in this part.
(c) An action for relief from retaliatory actions under subsection (a) shall be brought within three years of the retaliatory conduct upon which the action is based. [L 2012, c 294, pt of §5]