HAWAII REVISED STATUTES TITLE 32
COURTS AND COURT OFFICERS
CHAPTER 603
CIRCUIT COURTS
(Updated November 1, 1997)
PART I: CIRCUITS AND JUDGES
603-1 JUDICIAL CIRCUITS
603-2 TITLE
603-3 FIRST CIRCUIT COURT JUDGES
603-4 OTHER CIRCUITS, JUDGES
603-5 SALARY OF CIRCUIT COURT JUDGES
603-6 RESIDENCE OF JUDGE
603-7 REPEALED
PART II: SESSIONS
603-11 SEPARATE SESSIONS AT SAME TIME
603-12 SESSIONS, HELD WHERE
603-13 REPEALED
603-14 PLACE OF TRIAL; SIGNATURE OF JUDGE
603-15 REPEALED
603-16 CONTINUANCE OF HEARING OR TRIAL
603-17 REPEALED
PART III: JURISDICTION AND POWERS
603-21 REPEALED
603-21.5 GENERAL
603-21.6 PROBATE
603-21.7 NO JURY CASES
603-21.8 APPEALS
603-21.9 POWERS
603-22 REPEALED
603-23 INJUNCTION OF VIOLATION OF LAWS AND ORDINANCES
603-23.5 ACTION TO ENJOIN VIOLATION OF SECTION 708-871; ACTION FOR DAMAGES
603-24 TO 603-28 REPEALED
603-29 ORDER TO SHOW CAUSE
PART IV: VENUE
603-36 ACTIONS AND PROCEEDINGS, WHERE TO BE BROUGHT
603-37 CHANGE OF VENUE
603-37.5 CURE OR WAIVER OF DEFECTS
PART V: ASSIGNMENT TO ANOTHER CIRCUIT; TEMPORARY ASSIGNMENT OF RETIRED CIRCUIT JUDGES
603-41 WHEN JUDGE MAY BE REQUIRED TO PRESIDE IN ANOTHER CIRCUIT; TEMPORARY ASSIGNMENT OF RETIRED CIRCUIT JUDGES
603-42 REPEALED
PART V: RENT CONTROL APPEALS
603-46 REPEALED
PART I. CIRCUITS AND JUDGES
HRS Section 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.
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HRS Section 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.
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HRS Section 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.
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HRS Section 603-4 Other circuits, judges
The circuit court of the fifth circuit shall consist of one judge, who shall be styled judge of the circuit court of the fifth circuit. The circuit court of the second circuit shall consist of three judges, who shall be styled as first, second, and third judge, respectively, and each as a judge of the circuit court of the second circuit. The circuit court of the third circuit shall consist of three judges, who shall be styled as first, second, and third judge, respectively, and each as a judge of the circuit court of the third circuit.
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HRS Section 603-5 Salary of circuit court judges
Effective January 1, 1989, the salary of each circuit court judge of the various circuit courts of the State shall be $82,699 a year. Effective January 1, 1990, the salary of each circuit court judge of the various circuit courts of the State shall be $86,780 a year.
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HRS Section 603-6 Residence of judge
Every judge of a circuit court shall reside in the circuit for which the judge is appointed.
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HRS Section 603-7 Repealed
PART II. SESSIONS
HRS Section 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.
HRS Section 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.
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HRS Section 603-13 Repealed
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HRS Section 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.
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HRS Section 603-15 Repealed
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HRS Section 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.
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HRS Section 603-17 Repealed
PART III. JURISDICTION AND POWERS
HRS Section 603-21 Repealed
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HRS Section 603-21.5 General
The several circuit courts shall have jurisdiction, except as otherwise expressly provided by statute, of:
(1) 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 circuit court;
(2) Actions for penalties and forfeitures incurred under the laws of the State;
(3) Civil actions and proceedings, in addition to those listed in sections 603-21.6, 603-21.7, and 603-21.8.
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HRS Section 603-21.6 Probate
The several circuit courts shall have power to grant probate of wills, to appoint personal representatives, to determine the heirs at law or devisees of deceased persons and to decree the distribution of decedents' estates, to appoint guardians of the property, to compel personal representatives and such guardians to perform their respective trusts and to account in all respects for the discharge of their official duties, to remove any personal representative or any such guardian and to do all other things as provided in chapter 560.
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HRS Section 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:
(a) Of actions or proceedings:
(1) For the determination and declaration of heirs of deceased persons, which jurisdiction shall be in addition to the probate jurisdiction of the court;
(2) For the admeasurement of dower and curtesy, or the partition of real estate;
(3) For enforcing and regulating the execution of trusts, whether the trusts relate to real or personal estate, for the foreclosure of mortgages, for the specific performance of contracts, and 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;
(b) 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.
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HRS Section 603-21.8 Appeals
The several circuit courts shall have jurisdiction of all causes that may properly come before them on any appeal allowed by law from any other court or agency.
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HRS Section 603-21.9 Powers
The several circuit courts shall have power:
(1) To make and issue all orders and writs necessary or appropriate in aid of their original or appellate jurisdiction;
(2) To administer oaths;
(3) To compel the attendance of parties and witnesses from any part of the State, and compel the production of books, papers, documents or tangible things;
(4) To admit to bail persons rightfully confined in all bailable cases, or to dispense with bail as provided by the State Constitution;
(5) To issue warrants for the apprehension, in any part of the State, of any person accused under oath of a crime or misdemeanor committed in any part of the State and to examine and commit the person to prison according to law, for trial before the circuit court of the circuit in which the offense was committed, to fix bail and generally to perform the duties of a committing magistrate;
(6) To make and award such judgments, decrees, orders, and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to them by law or for the promotion of justice in matters pending before them.
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HRS Section 603-22 Repealed
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HRS Section 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.
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HRS Section 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.
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HRS Sections 603-24 to 603-28 Repealed
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HRS Section 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 not 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 prior to 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, or the sheriffs deputy, commanding the sheriff or deputy to seize the personal property therein described and to deliver the same to the plaintiff or the plaintiffs 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.
PART IV. VENUE
HRS Section 603-36 Actions and proceedings, where to be brought
Actions and proceedings of a civil nature within the jurisdiction of the circuit courts shall be brought as follows:
(1) Actions described in section 603-21.5(2) shall be brought in the circuit where it is alleged the penalty or forfeiture was incurred;
(2) Actions in the nature of ejectment or trespass quare clausum fregit or to quiet title to or partition real property shall be brought in the circuit in which the real property in question is situated; provided that if the real property, partition of which is sought, lies in more than one circuit the action may be brought in any circuit in which the same or any part thereof is situated;
(3) Proceedings concerning trusts and the estates of decedents, missing persons, protected persons, minors, and incapacitated persons, shall be brought as prescribed by chapter 560;
(4) Applications for writs directed to courts of inferior jurisdiction or for writs of quo warranto, shall be made in the circuit in which the alleged occasion for relief by any such writ arises; provided that in case any such writ is necessary in the prosecution or furtherance of any action or proceeding already begun or pending before any circuit court, the court before which the action or proceeding has been begun or is pending may issue the writ even though the alleged occasion for relief arose in another circuit;
(5) Actions other than those specified above shall be brought in the circuit where the claim for relief arose or where the defendant is domiciled; provided if there is more than one defendant, then the action shall be brought in the circuit in which the claim for relief arose unless a majority of the defendants are domiciled in another circuit, whereupon the action may be brought in the circuit where the majority of the defendants are domiciled.
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HRS Section 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.
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HRS Section 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.
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HRS Section 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 his inability to attend to his 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 he is assigned for such purpose, and to perform any other duties pertaining to the office of circuit judge of the circuit to which he is so assigned, and while so engaged he 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 them at a rate of pay equivalent to that of circuit court judges.
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HRS Section 603-42 Repealed
PART VI. RENT CONTROL APPEALS
HRS Section 603-46 Repealed
Courts of Appeal | Circuit Courts | District Courts
HAWAII LAWS (SELECTED)
Courts,
Court Officers | Landlord-Tenant | Vehicles
TAXATION
General
Excise Tax | Transient
Accommodations Tax | Use Tax