reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-58 Application for transfer to the supreme court.

§602-58 Application for transfer to the supreme court.
(a) The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:
(1) A question of imperative or fundamental public importance;
(2) An appeal from a decision of any court or agency when appeals are allowed by law:
(A) Invalidating an amendment to the state constitution; or
(B) Determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or
(3) A sentence of life imprisonment without the possibility of parole.
(b) The supreme court, in a manner and within the time provided by the rules of court, may grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:
(1) A question of first impression or a novel legal question; or
(2) Issues upon which there is an inconsistency in the decisions of the intermediate appellate court or of the supreme court.
(c) The grant or denial of an application for transfer under subsection (b) shall be discretionary and shall not be subject to further review. Denial of an application for transfer under subsection (b) shall not prejudice a later application for a writ of certiorari. L 1979, c 111, pt of §3; am L 2004, c 202, §58; am L 2006, c 93, §1 and c 94, §1; am L 2010, c 109, §1
Law Journals and Reviews
The Development of Hawai €˜i's Appellate Courts: An Organizational Perspective. 33 UH L. Rev. 875 (2011).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 602. Courts of Appeal › 602-60 Subpoenas; oaths.

§602-60 Subpoenas; oaths.
The intermediate appellate court shall have the power to subpoena and compel the attendance of witnesses from any part of the State and to compel the production of books, papers, documents, or tangible things. Any judge of the intermediate appellate court may administer oaths. [L 2008, c 148, §1; am L 2010, c 93, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-1 Judicial circuits.

§603-1 Judicial circuits.
The State is divided into four judicial circuits, as follows:
(1) The first judicial circuit is the island of Oahu and all other islands belonging to the State not hereinafter mentioned;
(2) The second judicial circuit includes the islands of Maui, Molokai, Lanai, Kahoolawe, and Molokini;
(3) The third judicial circuit is the island of Hawaii;
(4) The fifth judicial circuit includes the islands of Kauai and Niihau. [L 1892, c 57, §29; am L 1913, c 34, §1; RL 1925, §2234; RL 1935, §3630; am L 1943, c 141, §1(a); RL 1945, §9631; RL 1955, §215-1; HRS §603-1; am L 1994, c 103, §1]
Cross References
These circuits as "districts" within meaning of Const. art. I, §14, see §806-17.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-2 Title.

§603-2 Title.
There shall be established in each of the judicial circuits of the State a court with the powers and under the conditions hereinafter set forth, which shall be styled the circuit court of such circuit, as, for instance, the circuit court of the third circuit. [L 1892, c 57, pt of §30; RL 1925, §2235; RL 1935, §3631; RL 1945, §9632; RL 1955, §215-2; HRS §603-2]
Rules of Court
Acts or proceedings outside the circuit, see HRCP rules 77(b), 82.
Case Notes
Prior to statehood, circuit court not a court of the United States within meaning of Norris-La Guardia Act. 37 H. 404 (1946).
As to whether extra-territorial jurisdiction may be exercised, see 46 H. 197, 377 P.2d 609 (1962).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-3 First circuit court judges.

§603-3 First circuit court judges.
Effective July 1, 1992, the circuit court of the first circuit shall consist of twenty-five judges, who shall be styled as first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first, twenty-second, twenty-third, twenty-fourth, and twenty-fifth judge, respectively. [L 1892, c 57, pt of §30; RL 1945, §9633; am L 1945, c 142, §1; am L 1951, c 26, §1; am L 1953, c 129, §1; RL 1955, §215-3; am L 1959, c 223, §1; am L 1965, c 216, §1 and c 232, §1; HRS §603-3; am L 1972, c 88, §3(a); am L 1978, c 177, §1; am L 1982, c 214, §1; am L 1992, c 4, §1 and c 253, §3]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-4 Other circuits; judges.

§603-4 Other circuits; judges.
The circuit court of the fifth circuit shall consist of two judges, who shall be styled as first and second judge, and each as a judge of the circuit court of the fifth circuit. The circuit court of the second circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, and each as a judge of the circuit court of the second circuit. The circuit court of the third circuit shall consist of four judges, who shall be styled as first, second, third, and fourth judge, and each as a judge of the circuit court of the third circuit. [L 1892, c 57, pt of §30; RL 1925, §2240; RL 1935, §3636; RL 1945, §9634; RL 1955, §215-4; am L 1957, c 259, §1; HRS §603-4; am L 1972, c 88, §3(b); am L 1976, c 56, §1; am L 1981, c 133, §1; am L 1982, c 214, §2; am L 2000, c 53, §1; am L 2002, c 196, §1]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-5 Salary of circuit court judges.

§603-5 Salary of circuit court judges.
Effective July 1, 2004, the salary of a circuit court judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of each circuit court judge of the various circuit courts of the State shall be as last recommended by the commission on salaries pursuant to section 26-56, unless disapproved by the legislature. [L Sp 1959 1st, c 4, §2; am L 1962, c 28, §30b; am L 1965, c 223, §13; Supp, §215-4.5; HRS §603-5; am L 1969, c 127, §11; am L 1975, c 58, §27; am L 1982, c 129, §26; am L 1986, c 128, §24; am L 1990, c 72, §5; am L 1999, c 65, §6; am L 2000, c 2, §4; am L 2003, c 123, §4; am L 2006, c 299, §9]
Cross References
Appointment, tenure, removal, retirement, see Const. art. VI, § §3, 5.
Retirement allowance, see §88-74.
Case Notes
Cited: 57 H. 348, 555 P.2d 1329 (1976).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-6 Residence of judge.

§603-6 Residence of judge.
Every judge of a circuit court shall reside in the circuit for which the judge is appointed. [L 1892, c 57, pt of §30; RL 1925, §2242; RL 1935, §3638; RL 1945, §9636; RL 1955, §215-6; HRS §603-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-11 Separate sessions at same time.

Note
Part heading amended by L 1972, c 88, §3(c).
§603-11 Separate sessions at same time.
There may be one session of the circuit court of any circuit, or separate sessions of the court at the same time, each of which may be held by one, but not more than one, of the judges of the circuit court of that circuit or any other circuit judge who may be authorized to preside in that circuit. Judgments, decrees, orders, and proceedings of any session held by any one of the judges shall be as effective as if only one session was held at a time. [L 1892, c 57, pt of §30; am L 1903, c 32, §7; RL 1925, §2241; RL 1935, §3637; RL 1945, §9635; RL 1955, §215-5; HRS §603-11; am L 1972, c 88, §3(d)]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-12 Sessions, held where.

§603-12 Sessions, held where.
Except as otherwise provided by statute, the sessions of the circuit courts shall be held as follows: In the first circuit, at Honolulu; in the second circuit, at Wailuku; in the third circuit, at Hilo and Kona; in the fifth circuit, at Lihue. [L 1892, c 57, §31; am L 1895, c 6, §1; am L 1903, c 32, §8; am L 1905, c 34, §1 and c 56, §1; am L 1907, c 50, §1; am L 1911, c 126, §1; am L 1917, c 49, §1; am L 1919, c 27, §1; am L 1921, c 77, §1; RL 1925, §2244; RL 1935, §3640; am L 1943, c 141, §1(b); RL 1945, §9638; RL 1955, §215-8; HRS §603-12; am L 1972, c 88, §3(e); am L 1982, c 3, §1]
Rules of Court
As to where acts or proceedings may take place, see HRCP rules 77(b), 82.
Case Notes
All sessions in term cases of first circuit court must be held in Honolulu; parties' consent cannot confer extra-territorial jurisdiction. 46 H. 197, 377 P.2d 609 (1962).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-14 Place of trial; signature of judge.

§603-14 Place of trial; signature of judge.
(a) A jury trial shall be conducted in the circuit in which the case is pending, at the place designated by section 603-12 or at such other place or places within the circuit as may be designated by the chief justice from time to time.
(b) For the trial of cases which do not require a jury the circuit court may hold sessions at any place within the circuit with the same effect as if held at the place designated by section 603-12.
(c) In any ex parte proceeding, or any other civil proceeding upon consent of all the parties who have appeared in the case, the circuit court may in its discretion, if the attendance of a jury is not required, hold sessions at which witnesses may be heard and evidence adduced and argument presented, at any place within the State without the boundaries of the circuit with the same effect as if held at the place designated by section 603-12, and for the purpose of such sessions may use the services of the clerk and reporter of the circuit court of the circuit within which the sessions are held, and may require stipulations between the parties as to the payment of costs of transportation and other special costs arising out of the fact that the sessions are held at a place other than that designated by section 603-12, as a condition of holding the sessions.
(d) Any decision, order, decree, judgment, or any other document requiring the signature of a circuit judge, in any cause or proceeding whatsoever in a circuit court, may be signed without, as well as within, the boundaries of the circuit in which the court is situated. [L 1892, c 57, §33; RL 1925, §2246; RL 1935, §3642; am L 1943, c 141, §1(c); RL 1945, §9640; am L 1947, c 134, §1; RL 1955, §215-10; am L 1959, c 201, §1; HRS §603-14; am L 1972, c 88, §3(f)]
Rules of Court
As to when courts deemed open, see HRCP rule 77(a) and HRPP rule 56.
As to where acts or proceedings may take place, see HRCP rules 77(b), 82.
Case Notes
"Trial" within the meaning of this section does not include appeal from magistrate on points of law. 24 H. 12, 14 (1917).
Cited: 26 H. 667, 671 (1922).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-16 Continuance of hearing or trial.

§603-16 Continuance of hearing or trial.
If the judge of any circuit court, or any other circuit judge authorized to preside in the circuit, fails to attend any trial or hearing at the time appointed, a clerk thereof shall continue any case or matter then before the court for trial or hearing, from time to time, until the attendance of one of the circuit judges; but no such continuance shall be for a longer period than seven days, except as otherwise ordered by the court. [L 1892, c 57, §46; RL 1925, §2255; RL 1935, §3652; RL 1945, §9644; am L 1947, c 220, §1; RL 1955, §215-14; HRS §603-16; am L 1972, c 88, §3(h)]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-21 REPEALED.

Law Journals and Reviews
Report on the Success of the Maui/Molokai Adult Drug Court: Proven Successful, the New Paradigm for our Criminal Justice System? 34 UH L. Rev. 423 (2012).
§603-21 REPEALED.
L 1972, c 88, §3(t).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-21.6 Probate.

§603-21.6 Probate.
The several circuit courts shall have power to:
(1) Grant probate of wills;
(2) Appoint personal representatives;
(3) Determine the heirs at law or devisees of deceased persons and to decree the distribution of decedents' estates;
(4) Appoint guardians for incapacitated adults;
(5) Appoint conservators;
(6) Compel personal representatives and such guardians and conservators to perform their respective trusts and to account in all respects for the discharge of their official duties;
(7) Remove any personal representative or any such guardian or conservator; and
(8) Do all other things as provided in chapter 560. [L 1972, c 88, §3(j); am L 1976, c 200, pt of §1; am L 2004, c 161, §34]
Rules of Court
See Hawaii Probate Rules.
Case Notes
Cited: 77 H. 251 (App.), 883 P.2d 673 (1994).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-21.7 Nonjury cases.

§603-21.7 Nonjury cases.
The several circuit courts shall have jurisdiction, without the intervention of a jury except as provided by statute, as follows:
(1) Of actions or proceedings:
(A) For the determination and declaration of heirs of deceased persons, which jurisdiction shall be in addition to the probate jurisdiction of the court;
(B) For the admeasurement of dower and curtesy, or the partition of real estate; and
(C) For the enforcement and regulation of the execution of trusts, whether the trusts relate to real or personal estate; for the foreclosure of mortgages; and for the specific performance of contracts; provided that, except when a different provision is made, they shall have original and exclusive jurisdiction of all other cases in the nature of suits in equity, according to the usages and principles of courts of equity; and
(2) Of actions or proceedings in or in the nature of habeas corpus, prohibition, mandamus, quo warranto, and all other proceedings in or in the nature of applications for writs directed to courts of inferior jurisdiction, to corporations and individuals, as may be necessary to the furtherance of justice and the regular execution of the law. [L 1972, c 88, §3(k); am L 2016, c 55, §18]
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(a)(7), (f), (g), (h).
Writ of mandamus abolished, exceptions, relief how obtained, see HRCP rule 81.1.
Case Notes
Criminal nature of act will not prevent injunctive relief where such relief is otherwise appropriate. 52 H. 427, 478 P.2d 320 (1970).
Both circuit court and supreme court have concurrent original jurisdiction in prohibition. 59 H. 224, 580 P.2d 49 (1978).
Granting of equitable relief is within sound discretion of trial court; scope of review of findings of fact. 59 H. 491, 583 P.2d 971 (1978).
Jurisdiction to set aside deed on ground of forgery. 59 H. 648, 586 P.2d 1015 (1978).
District courts have no equity jurisdiction because same is reserved to circuit courts. 9 H. App. 169, 828 P.2d 1287 (1992).
Where petitioners sought a writ of quo warranto challenging an individual's possession of title to office of representative, the circuit court reversibly erred by dismissing the petition for lack of jurisdiction; this section expressly grants the circuit court jurisdiction to entertain such petitions. 133 H. 229 (App.), 325 P.3d 641 (2014).
Cited: 77 H. 251 (App.), 883 P.2d 673 (1994).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-23 Injunction of violation of laws and ordinances.

§603-23 Injunction of violation of laws and ordinances.
The circuit courts shall have power to enjoin or prohibit any violation of the laws of the State, or of the ordinances of the various counties, upon application of the attorney general, the director of commerce and consumer affairs, or the various county attorneys, corporation counsels, or prosecuting attorneys, even if a criminal penalty is provided for violation of the laws or ordinances. Nothing herein limits the powers elsewhere conferred on circuit courts. [L 1892, c 57, pt of §37; am L 1903, c 32, pt of §11; am L 1915, c 99, pt of §1; RL 1925, pt of §2248; am L 1929, c 18, pt of §1; RL 1935, pt of §3644; RL 1945, pt of §9648; RL 1955, pt of §215-18; am L 1957, c 287, §1; HRS §603-23; am L 1972, c 88, §3(n); am L 1975, c 134, §1; am L 1996, c 30, §1]
Case Notes
City may bring action for mandatory injunction to remove structure that is a nuisance. 45 H. 232, 364 P.2d 646 (1961).
Continuing operation of a private school without license required by law is per se an irreparable injury to public policy. 65 H. 289, 651 P.2d 473 (1982).
This section is not a jurisdiction-conferring statute, but merely authorizes the circuit courts to afford injunctive relief, provided "there is a jurisdictional basis for equity to act"; therefore, this section did not provide the trial court with subject matter jurisdiction. 106 H. 198, 103 P.3d 358 (2004).
Circuit court had subject matter jurisdiction over the case where county's first amended complaint asserted jurisdiction pursuant to §603-21.5, which provided the independent jurisdictional basis for the action brought pursuant to this section. 115 H. 15, 165 P.3d 916 (2007).
Allows courts to enjoin public nuisance; does not extend equity jurisdiction to enforcement of criminal laws. 5 H. App. 463, 701 P.2d 175 (1985).
Mentioned: 52 H. 427, 478 P.2d 320 (1970).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-23.5 Action to enjoin violation of section 708-871; action for damages.

§603-23.5 Action to enjoin violation of section 708-871; action for damages.
Any person, firm, private corporation, or municipal or other public corporation or trade association or the attorney general or any county attorney, prosecuting attorney, or corporation counsel may maintain an action to enjoin a continuance of any act in violation of section 708-871 and if injured thereby for recovery of damages. If in any such action the court finds that the defendant is violating or has violated section 708-871 it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved.
Any defendant in any action brought under this section may be compelled to testify by deposition, or in person before the court in which the action is brought, and may be examined by the plaintiff as if on cross-examination, and the plaintiff shall not be bound by the defendant's testimony; provided that no information so obtained may be used against the defendant as a basis for a misdemeanor or prosecution under section 708-871. No proceeding shall be instituted for an injunction unless and until the plaintiff has notified the defendant of the plaintiff's intention to file such a proceeding unless the defendant ceases and desists from continuing to act in violation of section 708-871 such notice to be given at least forty-eight hours previous to the filing of any action. No injunction shall issue in the event that defendant has ceased violating section 708-871 upon the receipt of such notice, but the giving of such notice or the bringing of an action under this section shall not prevent the institution or continuance to completion of a prosecution for misdemeanor under section 708-871. [L 1941, c 220, §2; RL 1945, §11374; RL 1955, §289-15; am L 1963, c 5, §4; HRS §747-17; ren L 1972, c 9, pt of §1 and am L 1972, c 109, §3; gen ch 1985]
Rules of Court
Injunction, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-29 Order to show cause.

§603-29 Order to show cause.
Whenever a complaint has been filed in circuit court alleging leased or rented personal property the value of which is $5,000 or more, has been retained by the defendant fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the plaintiff may petition the court for an order to show cause.
Upon the filing of the petition with a copy of the lease or rental contract and an affidavit sworn to by the plaintiff or some competent affiant setting forth a statement of facts sufficient to show the termination of the lease or rental contract, the court may issue an order directing the defendant to either return the leased or rented personal property to the plaintiff or to appear and show cause for the possession at such time as the court shall direct but no later than ten days from the date of service of the order to show cause. The order to show cause shall also provide that if the leased or rented personal property is not returned to the plaintiff before the hearing, the defendant shall, if reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the satisfaction of the court that the plaintiff is entitled to possession of the leased or rented personal property, it shall issue an order directed to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 commanding the sheriff, deputy sheriff, police officer, or independent civil process server to seize the personal property therein described and to deliver the same to the plaintiff or the plaintiff's agent. Service of the order to show cause shall be as provided by law or rule of court for cases in the circuit courts, or by registered mail or by certified mail with return receipt showing delivery within the circuit. [L 1980, c 171, §5; am L 1981, c 176, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §1; am L 2013, c 116, § §3, 25(2); am L 2015, c 101, §4; am L 2021, c 41, §3; am L 2022, c 278, §17]
Note
The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-37 Change of venue.

§603-37 Change of venue.
After the parties shall have had an opportunity to be heard, any circuit court may, upon satisfactory proof that a fair and impartial trial cannot be had in any civil case pending in the court, or, in its discretion, upon satisfactory proof that it would be more fair and equitable to the parties thereto if any civil case pending in the court were heard in another jurisdiction, change the venue to some other circuit and order the record to be transferred thereto; provided that any circuit court may, in its discretion, upon the consent of all the parties to any civil case pending in the court, change the venue to some other circuit court and order the record to be transferred thereto. [L 1892, c 57, pt of §36; am L 1903, c 32, pt of §10; am L 1921, c 157, pt of §1; RL 1925, pt of §2247; RL 1935, pt of §3643; RL 1945, pt of §9647; RL 1955, pt of §215-17; am L 1957, c 195, §1; HRS §603-37; am L 1972, c 88, §3(p)]
Rules of Court
Hawaii Rules of Civil Procedure do not extend or limit jurisdiction or venue, see HRCP rule 82.
Case Notes
Change of venue and discretion therein. 9 H. 360 (1894); 11 H. 314, 317 (1898); 20 H. 7, 11 (1910); in ejectment, 19 H. 334 (1909); 31 H. 65 (1929).
Where action is brought in wrong circuit, this section cannot be used as a remedy to transfer case to proper circuit. 47 H. 271, 386 P.2d 880 (1963).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-37.5 Cure or waiver of defects.

§603-37.5 Cure or waiver of defects.
(a) The circuit court of a circuit in which is commenced a civil case laying venue in the wrong circuit shall transfer the case, upon or without terms and conditions as the court deems proper, to any circuit in which it could have been brought, or if it is in the interest of justice dismiss the case.
(b) Nothing in sections 603-36 to 603-37.5 shall impair the jurisdiction of a circuit court of any matter involving a party who does not interpose timely and sufficient objection to the venue. [L 1972, c 88, §3(q)]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 603. Circuit Courts › 603-41 When judge may be required to preside in another circuit; temporary assignment of retired circuit judges.

Note
Part heading amended by L 1972, c 88, pt of §3(r); L 1983, c 244, §2.
§603-41 When judge may be required to preside in another circuit; temporary assignment of retired circuit judges.
Whenever it is advisable, by reason of the disqualification of any circuit judge, or the judge's inability to attend to the judge's duties or there is a vacancy in the office of any circuit judge, or a congestion of work in any circuit court, or for any other reason, the chief justice of the supreme court may assign and require the judge of any other circuit, or any retired circuit judge, from any circuit, to hear and determine any or all matters then or thereafter pending in the circuit to which the judge is assigned for such purpose, and to perform any other duties pertaining to the office of circuit judge of the circuit to which the judge is so assigned, and while so engaged the judge shall have and exercise all the powers vested in a judge of that circuit. A judge serving temporarily shall not be actively engaged in the practice of law. Temporarily assigned retired circuit court judges shall be compensated per diem at a rate of pay equivalent to that of circuit court judges. [L 1892, c 57, §45; am L 1901, c 12, §1; am L 1923, c 164, §1; RL 1945, §9642; am L 1949, c 37, §1; RL 1955, §215-12; HRS §603-41; am L 1972, c 88, §3(s); am L 1983, c 244, §3; gen ch 1993]
Cross References
See Const. art. VI, §6.
Case Notes
Cited: 22 H. 589, 593 (1915); 26 H. 557 (1922).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-1 Judicial circuits; district judges; sessions.

§604-1 Judicial circuits; district judges; sessions.
[(a)] There shall be established in each of the judicial circuits of the State a district court with the powers and under the conditions herein set forth, which shall be styled as follows:
(1) For the First Judicial Circuit: The District Court of the First Circuit.
(2) For the Second Judicial Circuit: The District Court of the Second Circuit.
(3) For the Third Judicial Circuit: The District Court of the Third Circuit.
(4) For the Fifth Judicial Circuit: The District Court of the Fifth Circuit.
[(b)] There shall be appointed one or more district judges for each judicial circuit. The district court of the first circuit shall consist of fourteen judges, who shall be styled as first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, and fourteenth judge, respectively. One of the district judges shall hear landlord-tenant and small claims matters, provided that when in the discretion of the chief justice of the supreme court the urgency or volume of cases so requires, the chief justice may authorize the judge to substitute for or act in addition to or otherwise in place of any other district judge of the district court of the first circuit. The district court of the second circuit shall consist of three judges, who shall be styled as first, second, and third judge, respectively. The district court of the third circuit shall consist of three judges, who shall be styled as first, second, and third judge, respectively. The district court of the fifth circuit shall consist of two judges who shall be styled as first and second judge, respectively. The chief justice may designate a judge in each circuit as the administrative judge for the circuit.
[(c)] The district courts shall hold sessions at such places in their respective circuits and as often as the respective district judges deem essential to the promotion of justice. [L 1892, c 57, §8; am L 1892, c 76, §2; am L 1905, c 61, §1; am L 1909, c 38, §1; am L 1915, c 203, §1; am L 1917, c 224, §1; am L 1919, c 108, §1; RL 1925, §2272; RL 1935, §3760; am L 1943, c 10, §1 and c 156, §2; RL 1945, §9671; am L 1945, c 80, §1; am L 1947, c 173, §1; RL 1955, §216-1; am L 1959, c 6, §2; HRS §604-1; am L 1970, c 188, §8; am L 1974, c 114, §1; am L 1976, c 135, §1; am L 1978, c 177, §2; am L 1979, c 16, §3; am L 1982, c 214, §3; gen ch 1985]
Cross References
As to practice of law by district judges, see §601-8.
See Const. art. VI, §1.
Rules of Court
Divisions of a circuit, see DCRCP rule 3(c), (d).
Case Notes
District magistrate entitled to same judicial immunity as judge of court of general jurisdiction. 49 H. 624, 631-632, 425 P.2d 1014 (1967).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-2 Appointment and tenure of district judges; per diem district judges.

§604-2 Appointment and tenure of district judges; per diem district judges.
(a) The chief justice of the supreme court, with the consent of the senate, shall appoint district judges. Each judge shall reside in the judicial circuit for which the judge is appointed and shall have been an attorney licensed to practice in all the courts of the State for at least five years. District judges shall hold office for a term of six years and until their successors are appointed and qualified; provided that any judge may be reprimanded, disciplined, suspended with or without salary, relieved, or removed from office for misconduct or disability, as provided by rules adopted by the supreme court.
(b) The chief justice shall appoint district judges to serve on a per diem basis and as may be necessary to provide auxiliary judicial functions in the several districts of the State. Per diem district judges may engage in the private practice of law during their term of service, and shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a district court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days. [L 1892, c 57, §9; am L 1905, c 61, §2; am L 1919, c 108, §2; RL 1925, §2273; RL 1935, §3761; RL 1945, §9672; RL 1955, §216-2; am L 1965, c 97, §14; HRS §604-2; am L 1970, c 188, §9; am L 1979, c 16, §2; gen ch 1985; am L 1994, c 282, §1]
Rules of Court
Misconduct, see Hawaii Revised Code of Judicial Conduct; judicial conduct commission, see RSC rule 8.
Case Notes
Malfeasance of district judge reviewed. 5 H. 283 (1885).
Error of judgment not cause for removal, but continued career of gross mistakes might be. 5 H. 669 (1878).
Magistrate removed from office for misconduct. 7 H. 257 (1888); 8 H. 296 (1891); 8 H. 298 (1891); 27 H. 509 (1923).
Magistrate removed from office for accepting bribe. 10 H. 285 (1896).
Section was not in violation of Hawaii constitution's provision [article VI, §3] prohibiting full-time judges from practicing law during their term of office. 74 H. 394, 846 P.2d 894 (1993).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-2.5 Salary of district judges.

§604-2.5 Salary of district judges.
Effective July 1, 2004, the salary of a district court judge shall be as last recommended by the judicial salary commission. Effective July 1, 2007, and every six years thereafter, the salary of each district court judge of the various district courts of the State shall be as last recommended by the commission on salaries pursuant to section 26-56, unless disapproved by the legislature.
Whenever the chief justice appoints a district court judge of any of the various district courts of the State to serve temporarily as a circuit court judge of any of the various circuit courts of the State, the judge shall receive per diem compensation for the days on which actual service is rendered based on the monthly rate of compensation paid to a circuit court judge. For the purpose of determining per diem compensation in this section, a month shall be deemed to consist of twenty-one days. [L 1970, c 188, §12; am L 1975, c 58, §28; am L 1982, c 129, §27; am L 1986, c 128, §25; am L 1988, c 396, §2; am L 1990, c 72, §6; am L 1999, c 65, §7; am L 2000, c 2, §5; am L 2003, c 123, §5; am L 2006, c 299, §10]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-3 Disqualification, absence, vacancy.

§604-3 Disqualification, absence, vacancy.
Whenever it is advisable, by reason of a vacancy in the office of district judge of any circuit, or by reason of the disqualification of any district judge, or the district judge's inability to attend to the district judge's duties by reason of illness or temporary absence, or for any other reason, the chief justice of the supreme court may designate the district judge of any other circuit, or any district family judge of any circuit, to hear and determine any and all matters then or thereafter pending in the district court to which the district judge or district family judge is called for such purpose, and while so engaged, the district judge or district family judge shall have and exercise all of the powers of a regularly appointed judge of the circuit to which the district judge or district family judge is called. [L 1931, c 101, §2; RL 1935, §3762; am L 1941, c 26, §1; RL 1945, §9673; am L 1949, c 228, §1; RL 1955, §216-3; am L 1957, c 181, §1; am L 1959, c 262, §5; am imp L 1965, c 97, §1; HRS §604-3; am L 1970, c 188, §10; am L 1975, c 124, §1; gen ch 1985]
Rules of Court
Disability, absence, see DCRCP rule 63.
Case Notes
Substitute magistrates paid only for days actual services are performed. 41 H. 156 (1955).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-6 Ejectment proceedings.

§604-6 Ejectment proceedings.
Nothing in section 604-5 shall preclude a district court from taking jurisdiction in ejectment proceedings where the title to real estate does not come in question at the trial of the action. If the defendant is defaulted or if on the trial it is proved that the plaintiff is entitled to the possession of the premises, the court shall give judgment for the plaintiff and shall issue a writ of possession. The rules of court shall govern the stay of a writ of possession. [L 1949, c 315, §1; RL 1955, §216-5; HRS §604-6; am L 1970, c 188, §14; am L 1971, c 144, §2]
Rules of Court
Stay, see DCRCP rule 62.
Case Notes
Plaintiff in ejectment need not show possession within twenty years if plaintiff shows title and no adverse possession is proved. 7 H. 324 (1888).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-6.1 Jurisdiction of district courts; leased or rented personal property.

§604-6.1 Jurisdiction of district courts; leased or rented personal property.
Jurisdiction is conferred upon the district courts to try all cases resulting from the retention of leased or rented personal property, the value of which does not exceed $5,000. [L 1980, c 171, §3; am L 1981, c 176, §3]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-6.2 Order to show cause.

§604-6.2 Order to show cause.
Upon the filing of a complaint with a copy of a lease or rental contract and an affidavit sworn to by the plaintiff or some competent affiant setting forth a statement of facts sufficient to show that the leased or rented personal property has been in the defendant's possession at least fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the court may issue an order directing the defendant to either return the leased or rented personal property to the plaintiff or to appear and show cause for the possession at such time as the court shall direct, but no later than ten days from the date of service of the order to show cause. The order to show cause shall also provide that, if the leased or rented personal property is not returned to the plaintiff before the hearing, the defendant shall, if reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the satisfaction of the court that the plaintiff is entitled to possession of the leased or rented personal property, it shall issue an order directed to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 commanding the sheriff, deputy sheriff, police officer, or independent civil process server to seize the personal property therein described and to deliver the same to the plaintiff or the plaintiff's agent. Service of the order to show cause shall be as provided by law or rule of court for cases in the district courts, or by registered mail or by certified mail with return receipt showing delivery within the State. [L 1980, c 171, §4; am L 1981, c 176, §4; am L 1983, c 249, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §2; am L 2013, c 116, § §4, 25(3); am L 2015, c 101, §4; am L 2021, c 41, §4; am L 2022, c 278, §17]
Note
The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-7.2 Arrest warrants arising from traffic violations.

§604-7.2 Arrest warrants arising from traffic violations.
In any criminal proceeding, due diligence shall be used in serving any outstanding traffic warrants on the defendant. [L 2006, c 308, §3]
Cross References
See also §353-66.5.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-7.3 Change of venue.

§604-7.3 Change of venue.
After the parties shall have had an opportunity to be heard, any district court may, in its discretion, upon satisfactory proof that it would be more fair and equitable to the parties thereto if any civil case pending in the court were heard in another jurisdiction, change the venue to the district court of some other circuit and order the record to be transferred thereto; provided that any district court may, in its discretion, upon the consent of all the parties to any civil or criminal case pending in the court, change the venue to the district court of some other circuit and order the record to be transferred thereto. [L 1971, c 144, §4]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-7.4 Cure or waiver of defects.

§604-7.4 Cure or waiver of defects.
(a) The district court of a circuit in which is commenced a civil case laying venue in the wrong circuit shall transfer the case, upon or without terms and conditions as the court deems proper, to the district court of any circuit in which it could have been brought, or if it is in the interest of justice dismiss the case.
(b) Nothing in sections 604-7 to 604-7.4 shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue. [L 1971, c 144, §5]
Rules of Court
Objections to venue, how presented, see DCRCP rule 12(b), (h); transfer, see DCRCP rule 3(d).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-7.5 Continuance of hearing or trial.

§604-7.5 Continuance of hearing or trial.
If the judge of any district court, or any other district judge authorized to preside in the circuit, fails to attend any trial or hearing at the time appointed, a clerk thereof shall continue any case or matter then before the court for trial or hearing, from time to time, until the attendance of one of the district judges, but no such continuance shall be for a longer period than seven days except as otherwise ordered by the court. [L 1971, c 144, §6]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-9 Same; powers.

§604-9 Same; powers.
District courts shall have power, subject to appeal according to law and except as otherwise provided in cases in which the accused has the right to and demands a trial by jury in the first instance, to try without a jury, and to render judgment in all cases of criminal offenses coming within their respective jurisdictions. [L 1892, c 57, §11; am L 1901, c 2, §2; RL 1925, §2277; RL 1935, §3766; RL 1945, §9677; am L 1947, c 231, §1; RL 1955, §216-8; am L 1961, c 47, §1; HRS §604-9; am L 1970, c 188, §17; am L 1971, c 144, §6B]
Case Notes
Where jury trial demanded, no jurisdiction to commit defendant for trial to circuit court in the absence of evidence tending to show commission of offense. 22 H. 614 (1915).
No jury trial in first instance for trivial offense. 27 H. 844, 847 (1924).
"Right" to jury trial refers to constitutional guarantee involving "serious" offenses, in absence of specific statutory right to jury trial. 51 H. 612, 466 P.2d 422 (1970).
Cited: 23 H. 91, 96 (1915); 23 H. 766 (1917); 27 H. 237, 240 (1923); 45 H. 109, 110, 363 P.2d 790 (1961).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-11 Jurisdiction of district courts; ordinances.

§604-11 Jurisdiction of district courts; ordinances.
Jurisdiction is conferred upon the district courts to try all cases arising from the violation of ordinances in force in the counties and to impose the penalties in such ordinances prescribed for such offenses in like manner as their original jurisdiction is exercised under the general law. [L 1907, c 118, §129; RL 1925, §1832; RL 1935, §3111; RL 1945, §6650; RL 1955, §149-9; HRS §604-11; am L 1970, c 188, §19]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-11.5 Same; offenses committed within the circuit.

§604-11.5 Same; offenses committed within the circuit.
The several district courts shall have jurisdiction, except as otherwise provided, of all criminal offenses cognizable under the laws of the State, committed within their respective circuits or transferred to them for trial by change of venue from some other district court. [L 1971, c 144, §6C]
Rules of Court
Penal proceedings, venue, see HRPP rules 18, 21, and 22.
Case Notes
Failure of charging instrument to fully allege the elements of the crime of operating a vehicle under the influence of an intoxicant as set forth in §291E €“61(a)(1) did not abrogate the trial court's subject matter jurisdiction established under chapter 604. 136 H. 258, 361 P.3d 1161 (2015).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-13 Arrest under warrant.

§604-13 Arrest under warrant.
Whenever any warrant of arrest has been issued by any court of competent jurisdiction, and the accused is beyond the jurisdiction of the court, it shall be lawful for the officer to whom the warrant is directed, to pursue and arrest the accused in any part of the State. [L 1868, p 21; am L 1923, c 67, §1; RL 1925, §2280; RL 1935, §3770; RL 1945, §9680; RL 1955, §216-11; HRS §604-13; am L 1970, c 188, §21; am L 1973, c 167, §1]
Rules of Court
See HRPP rule 9(c).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-15 Rules by supreme court.

§604-15 Rules by supreme court.
The supreme court may from time to time, by general rules, prescribe forms for carrying section 604-13 into effect, and make all other needful regulations. [L 1868, p 21; RL 1925, §2282; RL 1935, §3772; RL 1945, §9682; RL 1955, §216-13; HRS §604-15]
Revision Note
Reference to repealed §604-14, deleted.
Cross References
Other provisions for rules, see §602-11.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-16 Expenses of serving warrant.

§604-16 Expenses of serving warrant.
The expenses of serving such warrant shall be adjusted by the court originally issuing the warrant. [L 1868, p 21; am imp L 1911, c 42; RL 1925, §2283; RL 1935, §3773; RL 1945, §9683; RL 1955, §216-14; HRS §604-16]
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-17 Courts of record; testimony and proceedings.

§604-17 Courts of record; testimony and proceedings.
The district courts shall be courts of record. The district courts shall in all cases preserve in writing, on tape, or such other mechanical device as may be appropriate, the minutes, proceedings, and testimony of their trials, transactions, and judgments, and the facts upon which their decisions rest. [L 1892, c 57, §13; RL 1925, §2285; am L 1927, c 71, §1; RL 1935, §3774; RL 1945, §9684; RL 1955, §216-15; HRS §604-17; am L 1970, c 188, §22; am L 1971, c 144, §6E]
Rules of Court
Transcript of proceedings, see DCRCP rule 80(c).
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604. District Courts › 604-20 Powers of clerk.

§604-20 Powers of clerk.
The clerks of the district court shall have, within the scope of the jurisdiction of the district courts, all the powers of clerks of other courts of record, including the power to sign and enter judgments, subject to the direction of the court; administer oaths; sign and issue garnishee summons, writs of attachment, execution and possession, and other process; and take depositions. [L 1971, c 144, §8A]
Rules of Court
See DCRCP rules 77, 79.
2023 Hawaii Revised Statutes › Title 32. Courts and Court Officers › 604A. Environmental Courts › 604A-1 Environmental courts; establishment.

§604A-1 Environmental courts; establishment.
(a) The environmental courts shall be created as divisions of the circuit courts and district courts of the State and shall not be deemed to be other courts as that term is used in the state constitution. An environmental court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective environmental courts.
(b) The chief justice of the supreme court shall designate an environmental judge or judges for each circuit and for a district court in each circuit, as may be necessary; provided that if the volume of environmental cases in the circuit or district in which an environmental judge presides is not adequate to provide an environmental court judge with a full-time docket, the judge may hear cases arising from other areas of law. In any circuit that has more than one judge designated for the environmental court, the chief justice shall designate one of the judges as senior judge. The chief justice may temporarily assign an environmental court judge to preside in another circuit when the chief justice determines that the urgency of one or more cases in the circuit court or district court or the volume of the cases in the circuit court or district court so requires. [L 2014, c 218, pt of §2]