reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604A. Environmental Courts › 604A-2 Jurisdiction.

§604A-2
Jurisdiction.
(a) The environmental courts shall have exclusive, original jurisdiction over all proceedings, including judicial review of administrative proceedings and proceedings for declaratory judgment on the validity of agency rules authorized under chapter 91, arising under chapters 6D, 6E, 6K, 128D, 339, 339D, 340A, 340E, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, 342P, 343, and 508C, and title 12; provided that:
(1) The environmental courts shall not have exclusive, original jurisdiction over any proceedings relating to any motor vehicle, motorcycle, motor scooter, or moped parking violations adopted under agency rules pursuant to chapter 91 and authorized under chapters 6D, 6E, 6K, 128D, 339, 339D, 340A, 340E, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, 342P, 343, and 508C, and title 12; and
(2) Upon the motion of a party or sua sponte by the chief justice, the chief justice may assign to the environmental courts issues before the courts when the chief justice determines that due to their subject matter the assignment is required to ensure the uniform application of environmental laws throughout the State or to otherwise effectuate the purpose of this chapter.
(b) In any case in which it has jurisdiction, the environmental courts shall exercise general equity powers as authorized by law. Nothing in this chapter shall be construed to limit the jurisdiction and authority of any judge, designated as judge of an environmental court, to matters within the scope of this chapter. [L 2014, c 218, pt of §2; am L 2018, c 119, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-2 Attorneys; license required.

§605-2 Attorneys; license required.
Except as provided by the rules of court, no person shall be allowed to practice in any court of the State unless that person has been duly licensed so to do by the supreme court; provided that nothing in this chapter shall prevent any person, plaintiff, defendant, or accused, from appearing in person before any court, and there prosecuting or defending that person's, plaintiff's, defendant's, or accused's own cause, without the aid of legal counsel; provided further that in the district courts sections 605-13 and 633-28 shall apply. [CC 1859, §1068; RL 1925, §2305; RL 1935, §3604; RL 1945, §9702; RL 1955, §217-2; HRS §605-2; am L 1972, c 184, §1(b); am L 1989, c 140, §4; gen ch 1992]
Rules of Court
See RSC rule 1.
Registration of attorneys and self-represented parties as judiciary electronic filing system users, see HEFSR rule 4; HRPP rule 4.
Law Journals and Reviews
Ke Kanawai Mamalahoe: Equality in Our Splintered Profession. 33 UH L. Rev. 249 (2010).
Case Notes
Failure to assign counsel before it appears defendant is indigent, not error. 15 H. 139, 143 (1903).
Right of self representation discussed. 53 H. 23, 487 P.2d 286 (1971).
Statutory liquidator of dissolved corporation under §416-124 does not have right to appear pro se, but where there are no funds to hire attorney, liquidator may perform legal services. 53 H. 23, 487 P.2d 286 (1971).
Court's order enjoining one's unauthorized practice of law applies to practice in federal court in absence of regulations by the federal court. 55 H. 458, 522 P.2d 460 (1974).
Generally a corporation cannot represent itself in litigation, but can do so only by an attorney. 60 H. 372, 590 P.2d 570 (1979).
Cited: 5 H. 279, 282 (1885).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-5 License fee.

§605-5 License fee.
The clerk of the supreme court shall exact from every practitioner, upon the practitioner's receiving a license, an admission fee of $10, for the benefit of the State. [CC 1859, §1073; RL 1925, §2308; RL 1935, §3607; RL 1945, §9705; RL 1955, §217-5; HRS §605-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-6 Rules.

§605-6 Rules.
The supreme court may prescribe qualifications for admission to practice and rules for the government of practitioners. [CC 1859, §1072; RL 1925, §2309; RL 1935, §3608; RL 1945, §9706; RL 1955, §217-6; HRS §605-6; am L 1972, c 184, §1(c)]
Rules of Court
See RSC rules 1, 2; Hawaii Rules of Professional Conduct.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-7 Control of action; power to settle.

§605-7 Control of action; power to settle.
The practitioners licensed by the supreme court shall have control to judgment and execution, of all suits and defenses confided to them; provided that no practitioner shall have power to compromise, arbitrate, or settle such matters confided to the practitioner, unless upon special authority in writing from the practitioner's client. [CC 1859, §1069; RL 1925, §2310; RL 1935, §3609; RL 1945, §9707; RL 1955, §217-7; HRS §605-7; am L 1972, c 184, §1(d); gen ch 1985]
Case Notes
Where plaintiff argued that this section was controlling in the case, plaintiff's original complaint was filed in federal court under federal question jurisdiction and it was federal law, not state law, that controlled the action. 165 F. Supp. 2d 1133 (2001).
New counsel taking up a case must take it where counsel finds it. 7 H. 168 (1887).
Withdrawal of attorney, only on reasonable notice to client. 46 H. 52, 374 P.2d 665 (1962).
Authority of attorney of record, attempted withdrawal from case. 49 H. 20, 27-29, 407 P.2d 885 (1965).
Where record did not reflect that attorney obtained defendant's written consent to stipulate to a dismissal of condemnation action, it appeared that attorney's act of consenting on behalf of defendant was unauthorized; defendant's failure to contest the settlement constituted a ratification of the settlement and consequently a ratification of the stipulation and order to dismiss the condemnation action. 77 H. 144, 883 P.2d 65 (1994).
Attorney's failure to obtain written authorization under this section to settle easement action by agreeing to sell property on behalf of appellees did not bar enforcement of agreement. 78 H. 76, 890 P.2d 313 (1995).
Where attorney did not have written authority of client to settle a matter on behalf of client, agreement to settle was "unauthorized". 79 H. 403 (App.), 903 P.2d 708 (1995).
Waiving client's rights. Trial procedure generally. 2 H. 27, 31 (1857). Cannot waive client's right to face witnesses against him. 3 H. 240 (1870). Irregularities may be waived. 5 H. 30 (1885). Client may confirm action taken by attorney without permission of client. 4 H. 23 (1878). Client must act promptly after notice. 25 H. 386 (1920). Charging settlement without client's knowledge in a newspaper charges unprofessional conduct, and when in writing is libelous per se. 23 H. 804, 808 (1917). Compromise not an admission. 25 H. 43, 49 (1919). Attorney has no power to file on behalf of attorney's client, in an action of ejectment a disclaimer of all title, unless authorized by the client. 26 H. 412 (1922). Disqualification. 30 H. 533 (1928). General retainer not power to compromise. 40 H. 108 (1953).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-13 District courts, cases involving military vehicles.

§605-13 District courts, cases involving military vehicles.
Any legal officer of the United States military forces, to the extent that the officer is authorized or required by the officer's respective branch of service, may without license represent military personnel in the district courts in any case which arises out of the driving of a military vehicle. [L 1878, pt of c 31; am L 1886, c 63; RL 1925, §2317; RL 1935, §3615; RL 1945, §9713; am L Sp 1949, c 38, §1; RL 1955, §217-13; HRS §605-13; am L 1972, c 190, §1; am L 1972, c 184, §1(g) as superseded by L 1973, c 33, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-14 Unauthorized practice of law prohibited.

§605-14 Unauthorized practice of law prohibited.
It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States. Nothing in sections 605-14 to 605-17 contained shall be construed to prohibit the preparation or use by any party to a transaction of any legal or business form or document used in the transaction. [L 1955, c 150, §1; RL 1955, §217-14; HRS §605-14; am L 1969, c 226, §3; am L 1983, c 167, §18; am L 1985, c 270, §4; am L 2001, c 47, §1]
Cross References
Unauthorized practice of law as criminal contempt of court, see §710-1077.
Rules of Court
See HRPC rule 5.5.
Case Notes
Only bar association or attorney general has standing to bring action for violation of this section. 501 F. Supp. 830 (1980).
Assuming plaintiff collection agency to be engaged in unauthorized practice of law, such conduct does not entitle the debtor defendant any relief. 59 H. 503, 584 P.2d 107 (1978).
Nonattorney agents are not allowed to represent corporations in litigation. 60 H. 372, 590 P.2d 570 (1979).
First offender chargeable only with violation; circuit court had exclusive jurisdiction. 68 H. 226, 708 P.2d 138 (1985).
Where Oregon law firm did not "practice law within the jurisdiction" of Hawaii, it did not violate this section nor §605-17; thus, plaintiff could recover fees under §607-14 for services rendered by firm. 87 H. 37, 951 P.2d 487 (1998).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-15 OLD REPEALED. §605-15 Venue.

§605-15 OLD REPEALED.
L 1975, c 45, pt of §2.
§605-15 Venue.
Actions for violations of section 605-14 shall be brought in the circuit court for the judicial circuit in which the violation is alleged to have been committed. [L 1975, c 45, pt of §2]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-15.1 Standing.

§605-15.1 Standing.
The attorney general or any bar association in this State may maintain an action for violations of section 605-14. [L 1975, c 45, pt of §2]
Case Notes
Only bar association or attorney general has standing to bring action for violation of §605-14. 501 F. Supp. 830 (1980).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-15.2 Remedies.

§605-15.2 Remedies.
Remedies for the violation of section 605-14 shall include injunctive and declaratory relief, and other existing remedies. In addition, the attorney general may maintain a criminal action against any person who violates section 605-14, the penalties for which are set forth in section 605-17. [L 1975, c 45, pt of §2]
Case Notes
Authorization of attorney general and bar association to seek relief under statute exclusive. 59 H. 503, 584 P.2d 107 (1978).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-16 Judicial powers not affected.

§605-16 Judicial powers not affected.
Nothing in sections 605-14 to 605-17 shall diminish, alter, or affect the inherent or statutory power of the supreme court or of any court to institute and hear proceedings against any person for contempt or for violation of rules or orders of court, or affect any rules of any court already in force. [L 1955, c 150, §4; RL 1955, §217-17; HRS §605-16; am L 1979, c 105, §59]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 605. Attorneys › 605-17 Penalties.

§605-17 Penalties.
Any person violating sections 605-14 to 605-16 shall be guilty of a misdemeanor. [L 1955, c 150, §2; RL 1955, §217-15; HRS §605-17; am L 1972, c 184, §1(i); am L 1975, c 45, pt of §2; am L 2001, c 47, §2]
Case Notes
Penalty for first offense is only a violation. 68 H. 226, 708 P.2d 138 (1985).
Where Oregon law firm did not "practice law within the jurisdiction" of Hawaii, it did not violate §605-14 nor this section; thus, plaintiff could recover fees under §607-14 for services rendered by firm. 87 H. 37, 951 P.2d 487 (1998).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-1 Clerks of supreme court, intermediate appellate court, circuit courts, and district courts; appointment and removal.

§606-1 Clerks of supreme court, intermediate appellate court, circuit courts, and district courts; appointment and removal.
(a) Subject to the provisions of chapter 76, when applicable:
(1) There shall be a clerk of the supreme court and as many deputy clerks and assistant clerks as the business of the supreme court requires, appointed and removable by the justices of the supreme court.
(2) There shall be a clerk of the intermediate appellate court and as many deputy clerks and assistant clerks as the business of such court requires, appointed and removable by the judges of the intermediate appellate court.
(3) There shall be as many clerks of the circuit courts as may be necessary, appointed and removable by the judge or administrative judge thereof, as the case may be. The appointment of a clerk of a particular division may be made by the judge of that division.
(4) There shall be as many clerks of the district courts as may be necessary, appointed and removable by the judge or administrative judge thereof, as the case may be.
(b) The respective clerks of the supreme court, intermediate appellate court, circuit courts, and district courts shall be ex officio clerks of all the courts of records, and as such may issue process returnable in all such courts. [L 1892, c 57, §59; am L 1903, c 32, §16; am L 1907, c 54, §1; am L 1911, c 84, §1; RL 1925, §2291; RL 1935, §3690; RL 1945, §9721; RL 1955, §218-1; am L 1965, c 104, §1; HRS §606-1; am L 1970, c 188, §25; am L 1972, c 88, §4(a); am L 1979, c 111, §4(1)]
Case Notes
Powers of deputy clerks, in absence of clerk, to select jurors and issue process under former statutes. 7 H. 388; 9 H. 522, 540 (1894).
Authority of clerks discussed. 8 H. 191 (1890).
Removal of deputy for misconduct, etc., requires opportunity to be heard, disloyalty to government is cause for removal. 9 H. 681 (1893).
Where more judges than one in a circuit, appointment or removal of a clerk requires presence, actual or constructive, of all and concurrent action of majority. 22 H. 557, 568 (1915).
Cited: 32 H. 995, 997 (1934).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-2 Temporary assistants.

§606-2 Temporary assistants.
In case of the temporary absence or disability of any clerk, or when the business of any court demands, an assistant clerk, having the powers of a clerk, may be appointed for temporary duty. The salary of the assistant may be paid out of any appropriation available for the expenses of the court. [L 1892, c 57, §67; am L 1911, c 84, §2; RL 1925, §2292; am L 1929, c 14, §1; RL 1935, §3691; RL 1945, §9722; am L 1949, c 33, §1; am L 1951, c 192, §1; RL 1955, §218-2; HRS §606-2; am L 1972, c 88, §4(b)]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-3 Seal of court; physical or electronic seal, signature, or attestation on physical or electronic court records.

§606-3 Seal of court; physical or electronic seal, signature, or attestation on physical or electronic court records.
(a) Each court of record shall have a seal, which shall be as approved by the supreme court. The seal shall be in the custody or control of the clerk of the court and, when impressed, embossed, stamped, or electronically imprinted upon a court document, process, or certificate, shall be accompanied by the clerk's official attestation.
(b) Any requirement that a court document, process, or certificate shall be signed, certified, acknowledged, verified, exemplified, attested, or made under oath or seal is satisfied if the document bears an electronic seal of the court and an electronic image of the signature or electronic facsimile signature of the judge, clerk, or other person authorized to perform these acts. [L 1892, c 57, §65; RL 1925, §2293; RL 1935, §3692; RL 1945, §9723; RL 1955, §218-3; HRS §606-3; am L 1972, c 88, §4(c); am L 2006, c 284, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-4 Custody; disposition of exhibits.

§606-4 Custody; disposition of exhibits.
(a) The clerks of the supreme court, intermediate appellate court, circuit courts, and district courts shall have the custody of all records, books, papers, moneys, exhibits, and other things pertaining to their respective courts.
(b) The attorney of the party who introduced the exhibits or things in evidence or left them in the custody of the court, or the party, if not represented by any attorney, shall remove them from the court within six months after the final termination of the action to which the exhibits or things are related. The clerks shall have the authority and power, upon the written approval of a judge of the court given in particular actions or proceedings, to sell, destroy, or otherwise dispose of exhibits and things marked for identification, other than original files belonging to other actions, which have come into their possession or custody under this section, when those exhibits or things have not been already removed by their owners or by the attorneys representing the owners and when more than six months has elapsed since the final termination of the action to which the exhibits or things are related.
(c) All moneys received from sales under this section shall be deposited with the director of finance as government realizations. [L 1892, c 57, §63; am L 1911, c 84, §3; RL 1925, §2294; am L 1929, c 171, §1; RL 1935, §3693; RL 1945, §9724; RL 1955, §218-4; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §606-4; am L 1970, c 188, §26; am L 1972, c 88, §4(d); am L 1979, c 111, §4(2); am L 1984, c 259, §1; am L 2016, c 55, §20]
Case Notes
Proceeds of partition sale in hands of clerk and subject to judicial action not subject to garnishment. 10 H. 499 (1896).
Cited: 133 H. 102, 324 P.3d 912 (2014).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-5 Free copies of certain decrees to veterans.

§606-5 Free copies of certain decrees to veterans.
The clerk of any state court shall provide to any veteran of the armed forces of the United States, the veteran's spouse, any member of the immediate family of a veteran, or the next of kin of a deceased veteran, free copies of decrees of divorce or adoption, when such copies are required for use in connection with a claim based on service in the armed forces of the United States. [L 1949, c 44, §1; RL 1955, §218-5; HRS §606-5; am L 1972, c 139, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-8 Powers and duties of clerks.

§606-8 Powers and duties of clerks.
The clerks of the courts of record may issue process, administer oaths, take depositions, and perform all other duties pertaining to their office. A clerk shall attend and record the proceedings at all sittings of courts of record.
The clerks of the circuit courts shall be ex officio masters in matters referred to them by the court. [L 1892, c 57, §62; am L 1911, c 127, §2; RL 1925, §2297; RL 1935, §3696; RL 1945, §9727; RL 1955, §218-8; HRS §606-8; am L 1972, c 88, §4(e)]
Case Notes
Chambers summonses were only issuable by clerks of the circuit court under this section. 35 H. 689 (1940).
Cited: 12 H. 189, 195 (1899); 32 H. 995, 997 (1934); 33 H. 799, 804 (1936).
Cited: 133 H. 102, 324 P.3d 912 (2014).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-12.5 Certified shorthand reporter; administration of oaths or affirmations.

§606-12.5 Certified shorthand reporter; administration of oaths or affirmations.
A certified shorthand reporter may administer oaths or affirmations and may perform the duties of a deposition officer pursuant to rules of court relating to persons before whom depositions may be taken. [L 2010, c 110, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-13 Salary and perquisites of official court reporters.

§606-13 Salary and perquisites of official court reporters.
[(a)] Each official court reporter shall receive for services as prescribed in section 606-12 the salary that may be appropriated from time to time as compensation for the official court reporter's services in court. Each official court reporter may charge and collect fees for transcripts requested by the parties, including state courts, pursuant to rules promulgated by the supreme court through its rulemaking authority. The fees for transcripts ordered by a party shall be paid by the party ordering the same and, except in the case of the attorney general, the public defender, or the county or prosecuting attorneys or corporation counsels, no official court reporter shall be required to perform any such service until the fees have been paid or the amount of the estimated cost of the fees deposited with the clerk of the court.
[(b)] Where the court, of its own motion, orders a transcript to be prepared of the whole or any part of the testimony in a civil cause, it may, in its discretion, direct the payment of the charges therefor, and the taxation of the same as costs, in such manner as to it may seem just. Where the attorney general, the public defender, or the county or prosecuting attorney or corporation counsel, desires transcripts for official use, either original or copy, the official court reporter may be paid for same by warrant upon the treasury of the State or county, as the case may be.
[(c)] Official court reporters or other persons preparing transcripts shall provide, at their own expense, all supplies directly related to the preparation thereof. [L 1915, c 88, §3; RL 1925, §2301; RL 1935, §3700; am L 1941, c 29, §1; RL 1945, §9733; am L 1949, c 361, §1; RL 1955, §218-13; am L 1963, c 89, §1; HRS §606-13; am L 1969, c 184, §1; am L 1972, c 88, §4(k), (l); am L 1975, c 100, §1; am L 1981, c 63, §1; am L 1983, c 73, §1; am L 1996, c 226, §3]
Rules of Court
Order for transcript of evidence, see RCC rule 25 and RDC rule 25; transcripts, rates, see RCR rule 19.
Recording of testimony and proceedings, see RCC rule 25.1; RDC rule 25.1.
Case Notes
Appellee was entitled to recover cost of one copy of transcripts in amount authorized by this section. 79 H. 291, 901 P.2d 1270 (1995).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-13.5 Definitions.

§606-13.5 Definitions.
As used in this chapter, unless the context indicates otherwise:
"Certified shorthand reporter" means a shorthand reporter certified by the Hawaii supreme court through the Hawaii board of certified shorthand reporters.
"Official court reporter" means a certified shorthand reporter employed by the courts of the State to provide court reporting services.
"Private court reporter" means a certified shorthand reporter who offers services on a freelance basis and who is not employed by the courts of the State.
[L 1996, c 226, pt of §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-13.6 Private court reporters; contracts.

[ §606-13.6] Private court reporters; contracts.
(a) Any contract for private court reporting services, not related to a particular case or reporting incident, shall be prohibited between a private court reporter or any other person with whom a private court reporter has a principal and agency relationship, and any attorney, party to an action, party having a financial interest in an action, or any entity providing the services of a certified shorthand reporter. Negotiating or bidding reasonable fees, equal to all parties, on a case-by-case basis may not be prohibited.
(b) Violation of this section shall be grounds for discipline, censure, or suspension or revocation of licensure.
L 1996, c 226, pt of §1
Rules of Court
Certification of court reporters, see Rules Governing Court Reporting.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-14 Bailiffs.

§606-14 Bailiffs.
The judge of the circuit court of each judicial circuit or division may appoint a person to be known as "court officer and bailiff" or "special court officer". Each of the persons so appointed shall be removable by the judge by whom the person is appointed, except as otherwise provided. In the first circuit one of the persons so appointed shall be designated as "chief court officer and bailiff", and another as "assistant chief court officer and bailiff".
The court officers and bailiffs or special court officers shall attend upon the trial of causes, keep order in the courtroom and judiciary building, serve notices and other process of the court as directed by any judge of the court, summon jurors and under the supervision of the respective courtroom clerks, have custody over juries and perform any other duties in and around the court as shall be from time to time required of them by the presiding judges or by rule of court. They shall be in attendance during all sessions of the court and perform other duties during business hours or during emergencies as may be required of them by the respective judges, absenting themselves only upon special permission from the judge presiding in the court or from the chief court officer and bailiff.
They shall receive for their services salaries as provided by law. They shall not be entitled to any fees for the service of process or for the performance of any other service, but where fees are chargeable by law for such services, such fees shall become a general governmental realization. If required to serve any notice or process they shall be entitled to reimbursement for reasonable actual expenses for transportation, to be paid out of circuit court expenses, in such sums as may be approved by a judge of the court.
In the performance of their duties they shall have the general powers of a police officer, including all of the authority, powers, and duties as set forth in chapter 803; provided they shall not interfere with the work of the sheriff, the chiefs of police or their deputies in the service of any process for which fees are paid.
An appointee under this section who, at the time of the appointment, is a member of any pension or retirement fund provided by law shall continue as such member after the appointment with the same rights to prior and subsequent service credit as if the appointee had remained in the service of the State or county in any former service. [L 1941, c 332, §1; RL 1945, §9734; am L 1945, c 249, §1; RL 1955, §218-14; am L 1963, c 85, §3; HRS §606-14; am L 1972, c 88, §4(m); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 606. Clerks, Reporters, Interpreters, Etc. › 606-16 Study for annual adjustments of fees for interpreters.

§606-16 Study for annual adjustments of fees for interpreters.
Beginning in 2026 and every three years thereafter, the judiciary shall conduct a study of interpreter fees, including recommendations on adjustments to the fee rates, and submit its findings and recommendations to the chief justice for consideration. [L 2023, c 248, §3]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-1 Power of supreme court with respect to costs and fees.

§607-1 Power of supreme court with respect to costs and fees.
The supreme court shall have power by rule of court, from time to time, to revise, amend, add to, or eliminate any of the items of costs and fees provided in this chapter, to prescribe such costs and fees as it deems reasonable in all cases not therein provided for, and to prescribe the amount to be paid in advance to the clerk of any court in any proceeding on account of the costs and fees. All fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data shall be deposited into the judiciary computer system special fund. [CC 1859, §1282; RL 1925, §2554; RL 1935, §3803; am L 1935, c 55, §1; RL 1945, §9741; RL 1955, §219-1; HRS §607-1; am L 1974, c 145, §5; am L 2004, c 230, § §3, 6; am L 2006, c 21, §1; am L 2011, c 60, §2]
Case Notes
Cited: 35 H. 682, 684 (1940); 44 H. 147, 149, 355 P.2d 40 (1960); 51 H. 346, 348, 461 P.2d 140 (1969).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-1.5 Court interpreting services revolving fund.

§607-1.5 Court interpreting services revolving fund.
(a) There is established in the state treasury the court interpreting services revolving fund, into which shall be deposited:
(1) Fees, charges, and other moneys collected for programs relating to interpreter issues and training, screening, testing, and certification of court interpreters;
(2) All moneys received from public or private sources for the purposes of this fund; and
(3) Any interest accrued or investment earnings realized that are attributable to the moneys in the revolving fund.
(b) Moneys in the court interpreting services revolving fund shall be administered and expended by the administrative director of the courts to support the court interpreting services program's educational services and the program's activities relating to the training, screening, testing, and certification of court interpreters. [L 2005, c 184, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-2 Fees to be accounted for.

§607-2 Fees to be accounted for.
With the exception of fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data, which shall be deposited into the judiciary computer system special fund, and fees intended to reimburse officers for actual expenditures made by them, all judges', clerks', sheriffs', and deputy sheriffs' fees provided for in this chapter and accruing from any action pending in any court shall be deposited to the credit of the general fund of the State. [CC 1859, pt of §1281; am L 1907, c 62, §1; RL 1925, §2555; RL 1935, §3804; RL 1945, §9742; am L 1945, c 57, §1; RL 1955, §219-2; am L 1965, c 97, §15; HRS §607-2; am L 1970, c 188, §28; am L 1972, c 88, §5(a); am L 1979, c 105, §60; am L 1989, c 211, §10; am L 1990, c 281, § §6, 11; am L 2004, c 230, § §4, 6; am L 2006, c 21, §1; am L 2011, c 60, §3]
Case Notes
Cited: 31 H. 242, 256 (1930); 35 H. 682, 684 (1940).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-2.5 Exemption of costs and fees.

§607-2.5 Exemption of costs and fees.
Persons subject to domestic abuse, abuse of family or household members, stalking, or sexual assault shall be exempt from paying the costs and fees prescribed in this chapter in connection with filing, issuance, registration, or service of a protection order, or a petition for a protection order, warrant, or witness subpoena issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person. For purposes of this section, the term "protection order" means any temporary or final order of protection, a restraining order, or an injunction involving domestic abuse, abuse of family or household members, stalking, or sexual assault issued by a civil or criminal court, other than a support or custody order. [L 2003, c 65, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-3 Court costs, waiver of prepayment, reduction or remission of.

§607-3 Court costs, waiver of prepayment, reduction or remission of.
The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary cases, the cost of any suit, action, or proceeding may, to the judges, appear onerous. [L 1923, c 101, § §1, 2; RL 1925, §2545; RL 1935, §3794; am L 1939, c 19, §3; RL 1945, §9743; RL 1955, §219-3; HRS §607-3; am L 1970, c 188, §39; am L 1972, c 88, §5(b)]
Case Notes
Where payment of $275 in fees well exceeded prisoner petitioner's meager earnings and "savings" and, thus, would be excessively burdensome, to require the payment of such costs under the circumstances clearly exceeded "the bounds of reason"; thus, it was an abuse of discretion for the trial court to deny petitioner's request to proceed in forma pauperis pursuant to this section. 113 H. 315, 151 P.3d 796 (2007).
In exercising discretion, court may consider movants' estate or their net worth. 2 H. App. 1, 625 P.2d 378 (1981).
Cited: 31 H. 242, 254 (1930); 32 H. 385, 386 (1932); 35 H. 563 (1940); 35 H. 564 (1940); 35 H. 682 (1940); 44 H. 613, 623, 359 P.2d 932 (1961).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-3.5 Security for costs.

§607-3.5 Security for costs.
The several courts shall have power to require either the plaintiff or defendant, upon the application of the opposite party, to give security for costs in any civil cause, upon such terms and conditions as the court deems just. [L 1972, c 88, §5(c)]
Cross References
Vexatious litigants; security, see chapter 634J.
Case Notes
There is a wide discretion in the matter of requiring security for costs. 26 H. 112, 116 (1921); 34 H. 308 (1937); 35 H. 907 (1941).
A circuit judge at chambers in proceedings for probate of a will may require of contestant security for costs. 29 H. 455 (1926).
See 22 H. 303 (1914), cited 29 H. 242, 243 (1926), as to necessity for finality of judgment in order to appeal.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-5.6 Surcharge for parent education for separating parties in matrimonial actions, where either party has a minor child, and for parties in parentage actions; special fund.

§607-5.6 Surcharge for parent education for separating parties in matrimonial actions, where either party has a minor child, and for parties in parentage actions; special fund.
(a) In addition to the fees prescribed under section 607-5 for a matrimonial action where either party has a minor child, or a family court proceeding under chapter 584, the court shall collect a surcharge of $50 at the time of filing the initial complaint or petition. In cases where the surcharge has been initially waived, the court may collect the surcharge subsequent to the filing with such surcharge to be assessed from either party or apportioned between both parties.
(b) No surcharge shall be assessed:
(1) Against any party who has received an initial waiver of filing fees, except that the court may subsequently determine that a party has the financial ability to pay the surcharge; or
(2) Against any party proceeding on behalf of the State or any of the various counties.
(c) Surcharges subject to this section shall be limited to one surcharge per case.
(d) There is established within the state treasury the parent education special fund into which shall be deposited revenues assessed under subsection (a), interest and investment earnings, grants, donations, and contributions from private or public sources. The fund shall be administered by the judiciary, subject to the conditions specified in subsection (e).
(e) The special fund shall be used solely for expenditures related to providing education on all islands for separating parents in matrimonial actions and parties in parentage actions and their minor children. Revenues deposited into the special fund may be used for existing or enhanced parent education programs administered by the judiciary, or for grants or purchases of service pursuant to chapter 42F. All appropriations or authorizations from the special fund shall be expended by the judiciary.
(f) The judiciary shall submit an annual financial report to the legislature, prior to the convening of each regular session, which shall include an accounting of all deposits and expenditures from the fund. [L 1997, c 274, §2; am L 2003, c 41, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-6 Appellate court costs.

§607-6 Appellate court costs.
(a) All proceedings in the courts of appeal shall be filed in the office of the clerk of the supreme court. Upon the filing of any appeal or the institution of any original suit, action, or other proceeding in the supreme court or the intermediate appellate court, there shall be paid by the person filing such appeal, or instituting the suit, action, or other proceeding, as appellate court costs, the sum of $100. For purposes of this section, applications for transfer and applications for writs of certiorari to the intermediate appellate court shall not be deemed other proceedings.
(b) In addition to the costs of court enumerated in subsection (a), the clerk of the supreme court shall charge and collect, for miscellaneous services performed by the clerk, the following sums:
(1) For filing any paper not in a pending suit, action, or other proceeding................................... $3
(2) For issuing any subpoena, for each witness to be served.................................................. $3
(3) All amounts necessary to cover actual costs or disbursements for printing, publishing, or posting notice, service fees, mileage charges, or other services actually performed. [RL 1935, pt of §3791; am L 1939, c 19, pt of §1; am L 1941, c 229, pt of §1; RL 1945, §9746; RL 1955, §219-6; am L 1957, c 316, §23; HRS §607-6; am L 1972, c 88, §5(k); am L 1974, c 145, §8; am L 1979, c 111, §5(2); gen ch 1985; am L 1989, c 44, §1; am L 1998, c 128, §4; am L 2004, c 3, §2 and c 202, §64; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
Costs, see HRAP rules 39, 45(e).
Case Notes
Filing of bond to cover further cost must be in time. 5 H. 591 (1886).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-7 Deposit and payment of fees and costs on appeal.

§607-7 Deposit and payment of fees and costs on appeal.
[(a)] All fees and costs required to be paid upon the filing of a notice of appeal from a court shall be paid to the clerk of the court from which the appeal is taken. The clerk of the court shall immediately transmit a record of the payments and deposits, along with a copy of the notice of appeal, to the clerk of the supreme court. The required fees and costs for an appeal shall be payable only once upon the initial filing of the appeal. The deposit shall be made at the time of filing the notice of appeal.
[(b)] Where the appeal is from a governmental official or body other than a court, the required costs and fees for filing the appeal shall be made payable to the clerk of the court to which the appeal is taken and transmitted by the government official or body upon receipt to the clerk of the court to which the appeal is taken, along with a copy of the notice of appeal. If an appeal from a government official or body is taken directly to the intermediate appellate court, the required costs and fees for the appeal shall be payable only once, upon the initial filing of the appeal. [RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9747; RL 1955, §219-7; HRS §607-7; am L 1970, c 188, §29; am L 1972, c 88, §5(1); am L 1979, c 111, §5(3); am L 2004, c 3, §3 as superseded by c 202, §65; am L 2006, c 91, §5 and c 94, §1; am L 2010, c 109, §1]
Rules of Court
Dismissal for nonpayment, see HRCP rule 72(h).
Case Notes
Nondeposit of costs did not render ineffective a timely filed notice of appeal. 57 H. 168, 552 P.2d 355 (1976).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-8.5 Assessment for bench warrant issuance.

§607-8.5 Assessment for bench warrant issuance.
The court, when issuing a bench warrant for any person who fails to appear or who otherwise fails to comply with a court order, may assess that person a sum not to exceed $50 for the cost of issuing the bench warrant. [L 1999, c 92, §3]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-12 Witnesses' fees, mileage; taxation.

§607-12 Witnesses' fees, mileage; taxation.
[(a)] The fees of witnesses shall be as follows: Every witness attending and testifying, or subpoenaed and attending, upon the trial of any civil cause, in any court, shall be paid the sum of $4 for each day's attendance in court, and traveling expenses at the rate of 20 cents a mile each way. Every such witness, coming to attend upon court from any island other than that upon which the court is holding session, shall be entitled to $6 for each day's attendance in addition to the actual round trip cost of plane or ship travel and 20 cents for each mile actually and necessarily traveled on the ground each way.
[(b)] The fees of witnesses may be taxed in the bill of costs as provided by section 607-9. [CC 1859, pt of §1280; am L 1884, c 30, §1; am imp L 1903, c 63, §1; am L 1919, c 5, §1; RL 1925, §2549; am L 1925, c 24, §1; RL 1935, §3798; RL 1945, §9752; RL 1955, §219-12; HRS §607-12; am L 1972, c 88, §5(o)]
Case Notes
As to disallowance of witness fee. 7 H. 1 (1887).
Cost of bringing witnesses cannot be taxed against the other party when it is not authorized. 9 H. 597 (1895).
Expert witnesses. 21 H. 408 (1913).
Necessity for subpoena under former statute. 21 H. 408, 422 (1913); cf. 20 H. 203 (1910) (unauthorized service of subpoena); of witnesses summoned before trial. 10 H. 398 (1896) (both decided under former statute), questioned on other grounds. 14 H. 301, 302 (1902).
Called by opposing party. 30 H. 100 (1927).
Subpoenaed but not called. 31 H. 147 (1929); 31 H. 177 (1929).
Expert witness fees not taxable as costs. 51 H. 346, 461 P.2d 140 (1969).
This section does not direct payment of out of state traveling expenses to a witness from a foreign state testifying in a civil case. 57 H. 378, 557 P.2d 788 (1976).
Out-of-state witnesses. 59 H. 319, 582 P.2d 710 (1978).
Subpoenaed witness who did not testify must have been in actual attendance at trial to be entitled to fees. 59 H. 319, 582 P.2d 710 (1978).
Expert witness fees are not taxable as costs, absent a statute specifically allowing such an expense. 69 H. 192, 738 P.2d 85 (1987).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-13 Costs; defendant's traveling expenses taxable items in certain events.

§607-13 Costs; defendant's traveling expenses taxable items in certain events.
Whenever any cause or proceeding, other than criminal, probate, or divorce, is discontinued or dismissed in any court, the defendant therein shall be entitled to have the defendant's traveling expenses, to be charged at the rate of 10 cents a mile each way in going to and returning from the court, taxed as costs. [L 1915, c 16, §1; RL 1925, §2550; RL 1935, §3799; RL 1945, §9753; RL 1955, §219-13; HRS §607-13; am L 1972, c 88, §5(p); gen ch 1985]
Case Notes
Section specifically addresses awarding of traveling expenses to a prevailing defendant and controls over general statute §607-9; defendant's traveling expenses thus limited to that mandated in this section. 88 H. 46, 961 P.2d 611 (1998).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-14.7 Attorney's fees, costs, and expenses; judgment creditors.

§607-14.7 Attorney's fees, costs, and expenses; judgment creditors.
In addition to any other attorney's fees, costs, and expenses, which may or are required to be awarded, and notwithstanding any law to the contrary, the court in any civil action may award to a judgment creditor, from a judgment debtor, reasonable attorney's fees, costs, and expenses incurred by the judgment creditor in obtaining or attempting to obtain satisfaction of a money judgment, whether by execution, examination of judgment debtor, garnishment, or otherwise. The court may award attorney's fees that it determines are reasonable, but shall not award fees in excess of the following schedule:
(1) Twenty-five per cent on the first $1,000 or fraction thereof;
(2) Twenty per cent on the second $1,000 or fraction thereof;
(3) Fifteen per cent on the third $1,000 or fraction thereof;
(4) Ten per cent on the fourth $1,000 or fraction thereof;
(5) Five per cent on the fifth $1,000 or fraction thereof; and
(6) 2.5 per cent on any amount in excess of $5,000.
The fees shall be assessed on the amount of judgment, exclusive of costs and all other attorney's fees. [L 1985, c 288, §2; am L 2016, c 55, §22]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-14.9 Actions to enforce covenants not to compete.

§607-14.9 Actions to enforce covenants not to compete.
In a civil action which involves the interpretation or enforcement of an agreement or alleged agreement which purportedly restricts an employee from competing with an employer, or former employer, or working for a competitor of an employer or former employer, any employee or former employee who prevails shall be awarded reasonable attorneys' fees and costs. [L 1992, c 56, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-15.5 Attorneys' fees in tort actions.

§607-15.5 Attorneys' fees in tort actions.
In all tort actions in which a judgment is entered by a court of competent jurisdiction, attorneys' fees for both the plaintiff and the defendant shall be limited to a reasonable amount as approved by the court having jurisdiction of the action. In any tort action in which a settlement is effected, the plaintiff or the defendant may request that the amount of their respective attorneys' fees be subject to approval of the court having jurisdiction of the action. [L Sp 1986, c 2, §11]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-16 In both courts, when; set off against judgment, when.

§607-16 In both courts, when; set off against judgment, when.
Whenever costs are awarded to the appellant, the appellant shall be allowed to tax as part thereof, the costs in the lower court, in addition to the costs of the court appealed to. If, upon an appeal, a recovery for any debt or damages is had by one party, and costs are awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the balance. [CC 1859, §1014; RL 1925, §2553; RL 1935, §3802; RL 1945, §9756; RL 1955, §219-16; HRS §607-16; am L 1972, c 88, §5(r); gen ch 1985]
Case Notes
Final liability to pay costs is not determined until final judgment. 5 H. 181 (1884).
Costs on appeal. 32 H. 426 (1932); 32 H. 430 (1932).
Allowance of circuit court costs to party prevailing on appeal in supreme court. 43 H. 130 (1959).
Cited: 19 H. 433, 434 (1909).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 607. Costs and Fees › 607-20 Charitable trusts, special provisions.

§607-20 Charitable trusts, special provisions.
(a) Notwithstanding any other provisions, in the case of a charitable trust, the compensation of the trustees shall be limited to an amount that is reasonable under the circumstances.
(b) This section shall apply to existing and new charitable trusts established after January 1, 1999; provided that any provisions in existing trust agreements regarding trustees' compensation shall supersede this section. [L 1943, c 149, § §1, 2; RL 1945, §9758; RL 1955, §219-19; am L 1959, c 169, §2; HRS §607-20; am L 1998, c 310, §2]
Revision Note
"January 1, 1999" substituted for "the effective date of this Act".
Law Journals and Reviews
Trustee vs. Beneficiary. [15] 16 HBJ, no. 13, at 145 (2013).
Case Notes
Sums collected from lessees of estate and paid to State for real property taxes are income. 53 H. 604, 499 P.2d 670 (1972).
Cited: 37 H. 111, 139 (1945).