Title 36, Civil Remedies And Defenses And Special Proceedings

§661-2 Judgment against claimant when. Upon the trial of any cause in which any counterclaim or other demand is set up on the part of the State against any person making claim against the State, the court shall, without the intervention of a jury, hear and determine the claim or …

[PART II.] QUI TAM ACTIONS OR RECOVERY OF FALSE CLAIMS TO THE STATE §661-21 Actions for false claims to the State; qui tam actions. (a) Notwithstanding section 661-7 to the contrary, any person who: shall be liable to the State for a civil penalty of not less than $11,463 and not…

[§661-22] Civil actions for false claims. The attorney general shall investigate any violation under section 661-21. If the attorney general finds that a person has violated or is violating section 661-21, the attorney general may bring a civil action under this section. [L 2000,…

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

§661-24 Statute of limitations. An action for false claims to the State pursuant to this part shall be brought within six years after the false claim is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after t…

§661-25 Action by private persons. (a) A person may bring a civil action for a violation of section 661-21 for the person and for the State. The action shall be brought in the name of the State. The action may be dismissed only with the written consent of the court, taking into a…

[§661-26] Rights of parties to qui tam actions. (a) If the State proceeds with an action under section 661-25, the State shall have the primary responsibility for prosecuting the action and shall not be bound by an act of the person bringing the action. The person shall have the …

§661-27 Awards to qui tam plaintiffs. (a) If the State proceeds with an action brought by a person under section 661-25, the person shall receive at least fifteen per cent but not more than twenty-five per cent of the proceeds of the action or settlement of the claim, depending u…

[§661-29] Fees and costs of litigation. The State shall not be liable for expenses or fees, including attorney fees, that a person incurs in bringing an action under this part and shall not elect to pay those expenses or fees. [L 2000, c 126, pt of §1]

§661-3 No jurisdiction, when. No person shall file or prosecute under this part any claim for or in respect to which that person or any assignee of that person has pending an action against a person who, at the time when the claim alleged in the action arose, was, in respect ther…

[§661-30] Relief from retaliatory actions. (a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, s…

[§661-31] Certain actions barred. (a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party. (b) The c…

§661-4 Action by alien, when. Aliens who are citizens or subjects of a government that accords to citizens of this State the right to prosecute claims against that government in its courts shall have the privilege of prosecuting claims against the State under this part. [L 1894-5…

§661-5 Limitations on action. Every claim against the State, cognizable under this part, shall be forever barred unless the action is commenced within two years after the claim first accrues; provided that the claims of persons under legal disability shall not be barred if the ac…

§661-6 Complaint; assignments. The claimant shall, in all cases, in addition to setting forth the claimant's claim, show: Section 634-1 shall be applicable. [L 1894-5, c 26, §6; RL 1925, §2674; RL 1935, §4425; RL 1945, §10480; RL 1955, §245-6; HRS §661-6; am L 1972, c 164, §1(f);…

§661-7 Claim forfeited by fraud. (a) Any person who intentionally submits a false claim or attempts to commit any fraud against the State in the proof, statement, establishment, or allowance of any claim or of any part of any claim against the State shall forfeit the same to the …

§661-8 Interest. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the court, unless upon a contract expressly stipulating for the payment of interest, or upon a refund of a payment into the "litigated claims fund" as provided by law…