Title 36, Civil Remedies And Defenses And Special Proceedings

[§658J-2] Definitions. As used in this chapter: "Arbitration agreement" means an agreement that subjects a family law dispute to arbitration. "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or ad…

[§658J-20] Clarification of confirmed award. If the meaning or effect of an award confirmed under section 658J-16 is in dispute, the parties may: (1) Agree to arbitrate the dispute before the original arbitrator or another arbitrator; or (2) Proceed in court under law of this Sta…

[§658J-21] Judgment on award. (a) Upon granting an order confirming, vacating without directing a rehearing, or amending an award under this chapter, the court shall enter judgment in conformity with the order. (b) Upon motion of a party, the court may order that a document or pa…

[§658J-22] Modification of confirmed award or judgment. If a party requests under law of this State other than this chapter a modification of an award confirmed under section 658J-16 or judgment on the award based on a fact occurring after confirmation: (1) Unless otherwise autho…

[§658J-23] Enforcement of confirmed award. (a) The court shall enforce an award confirmed under section 658J-16, including a temporary award, in the manner and to the same extent as any other order or judgment of a court. (b) The court shall enforce an arbitration award in a fami…

[§658J-24] Appeal. (a) An appeal may be taken under this chapter from: (1) An order denying a motion to compel arbitration; (2) An order granting a motion to stay arbitration; (3) An order confirming or denying confirmation of an award; (4) An order correcting an award; (5) An or…

[§658J-25] Immunity of arbitrator. (a) An arbitrator or arbitration organization acting in that capacity in a family law dispute is immune from civil liability to the same extent as a judge of a court of this State acting in a judicial capacity. (b) The immunity provided by this …

[§658J-26] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001 et seq., but does not modify, limit, or supersede…

[§658J-27] Transitional provision. This chapter applies to arbitration of a family law dispute under an arbitration agreement made on or after July 10, 2017. If an arbitration agreement was made before July 10, 2017, the parties may agree in a record that this chapter applies to …

[§658J-3] Scope. (a) This chapter governs arbitration of a family law dispute. (b) This chapter does not authorize an arbitrator to make an award that: (1) Grants a divorce, annulment, or separation under chapter 580; (2) Terminates parental rights under section 571-61 or section…

[§658J-4] Applicable law. (a) Except as otherwise provided in this chapter, the law applicable to arbitration is chapter 658A. (b) In determining the merits of a family law dispute, an arbitrator shall apply the law of this State, including its choice of law rules. [L 2017, c 113…

[§658J-5] Arbitration agreement. (a) An arbitration agreement shall: (1) Be in a record signed by the parties; (2) Identify the arbitrator, an arbitration organization, or a method of selecting an arbitrator; and (3) Identify the family law dispute the parties intend to arbitrate…

[§658J-6] Notice of arbitration. A party may initiate arbitration by giving notice to arbitrate to the other party in the manner specified in the arbitration agreement or, in the absence of a specified manner, under the law and procedural rules of this State other than this chapt…

[§658J-7] Motion for judicial relief. (a) A motion for judicial relief under this chapter shall be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties …

[§658J-8] Qualification and selection of arbitrator. (a) Except as otherwise provided in subsection (b), unless waived in a record by the parties, an arbitrator shall be trained in identifying domestic violence and child abuse and be: (1) An attorney in good standing admitted to …

[§658J-9] Disclosure by arbitrator; disqualification. (a) Before agreeing to serve as an arbitrator, an individual, after making reasonable inquiry, shall make all disclosures as required by section 658A-12. (b) An arbitrator, the parties, and the attorneys representing the parti…

[§659-1] Definition. This is an order issuing in the name of the State by a circuit court and directed to a person who claims or usurps an office of the State or of any subdivision thereof, or of any corporation or quasi-corporation, public or private, or any franchise, inquiring…

[§659-10] Other actions. Nothing in this chapter shall preclude the obtaining of relief available by quo warranto by other appropriate action. [L 1972, c 90, §3(i); HRS §659-55; ren HRS §659-10]

[§659-2] Against corporations, by attorney general. It may also be granted upon the application of the attorney general against individuals acting as a corporation without being legally incorporated. [L 1876, c 39, §37; RL 1925, §2717; RL 1935, §4259; RL 1945, §10280; RL 1955, §2…

[§659-3] Forfeiture of franchise. The several circuit courts shall have jurisdiction of all proceedings in, or in the nature of, quo warranto, brought by or in the name of the public utilities commission, or the State, for the forfeiture of the franchise of any corporate body off…

[§659-4] Petition. The order is obtained by petition addressed to a circuit court, setting out facts sufficient to show a right to the order, and sworn to if the application is made by a private individual, or is made by the attorney general as provided by section 659-6. [L 1876,…

[§659-5] Answer. The person to whom the order is directed shall file the person's answer in writing, within the time limited by the order as determined by the court in its discretion, and state the authority under which the person claims to act. [L 1876, c 39, §39; RL 1925, §2719…

[§659-6] Judgment as to offices; burden of proof. [(a)] If a person to whom an order is directed with respect to an office of which the person performs the duties does not answer within the time allowed or the answer is insufficient or it is found that the person has usurped the …

[§659-7] Judgment according to nature of complaint. In all cases contemplated by sections 659-1 to 659-9, judgment shall be given according to the nature of the complaint made. [L 1876, c 39, §42; RL 1925, §2722; RL 1935, §4264; RL 1945, §10285; RL 1955, §236-25; HRS §659-52; am …

[§659-8] Service. The writ or order shall be served in the same manner as is provided by the rules of court with respect to process in a civil action. [L 1876, c 39, §43; RL 1925, §2723; RL 1935, §4265; RL 1945, §10286; RL 1955, §236-26; HRS §659-53; am L 1972, c 90, §3(h); ren H…

[§659-9] Corporations not liable to writ, when. Where the legislature has granted to a corporation the right to determine the validity of the elections of its members or officers, a writ shall not be issued for the purpose of inquiring into that fact. [L 1876, c 39, §44; RL 1925,…

§660-12 By supreme court; to whom returnable. Whenever the writ or order to show cause is issued by the supreme court or a justice thereof, it may be made returnable before the supreme court or a circuit court. [L 1870, c 32, §8; am L 1903, c 79, §2; RL 1925, §2735; RL 1935, §432…

§660-13 Issuance to person of unknown name. If the name of the person by whom the party is alleged to be restrained of the party's liberty is unknown or uncertain, the person may be described by an assumed appellation. Whoever is served with the writ or order to show cause, shall…

§660-14 For person of unknown name. The person to be produced shall be designated by the person's name, if known, and if that is not known or is uncertain, the person may be designated in any other manner, so that it can be known who is the person intended. [L 1870, c 32, §10; RL…

§660-15 Costs. If the party is confined in any prison or is in the custody of any civil officer, the court or judge granting the writ shall certify thereon the sum to be paid for the expense of bringing the party from the place where the party is imprisoned or restrained. The off…

§660-16 Person held until writ issues, when. Whenever it appears by satisfactory proof, by affidavit or otherwise, to any court or judge authorized by law to issue writs of habeas corpus, that anyone is illegally held in custody, confinement, or restraint and that there is good r…

§660-17 Return to be prompt. Any person to whom a writ of habeas corpus is directed, upon payment or tender of reasonable charges or expenses for its execution if ordered by the court, and any person to whom an order to show cause is directed, shall make return thereto with as mu…

§660-18 Contents. The person making the return shall state therein, in writing, plainly and unequivocally: (1) Whether he has or has not the person designated in his custody or power, or in any manner under his restraint or control; (2) If he has the person in his custody or powe…

§660-19 Signature, oath, evidence. The return shall be signed by the person making it, and sworn to by the person, unless the person is a sworn public officer making the return in the person's official capacity. The return shall be evidence in the case, but not conclusive. [L 187…

§660-20 Body to be produced, except when. The person making the return to a writ of habeas corpus shall bring the body of the person, if in the custody or power of the person making the return, or under the restraint or control of the person making the return, according to the co…

§660-21 Procedure in case of sickness, etc. When from sickness or infirmity of the person, the person cannot properly be brought to the place appointed for the return, that fact shall be set forth, and if verified by affidavit and established to the satisfaction of the court, the…

§660-22 Disobeying writ or order to show cause, penalties. Any person who neglects or refuses promptly to perform any duty imposed upon such person by virtue of any writ of habeas corpus or order to show cause, conformably to this chapter, shall be responsible in a civil action t…

§660-23 Evading service, penalties. The liabilities and penalties of section 660-22 shall also be imposed upon any person who, having in that person's custody or under that person's power any person entitled to a writ of habeas corpus, with intent to elude the service of the writ…

§660-24 Hearing without delay. Upon the return of the writ or order to show cause, the court shall proceed without delay to examine the causes of imprisonment or restraint. The examination may be adjourned from time to time as circumstances may reasonably require. [L 1870, c 32, …

§660-25 Notice to other parties, when. If the person is detained on any process under which any other person has an interest in the person's detention, and the other person or the other person's attorney is within the State and can be notified without unreasonable delay, the pers…

§660-26 Notice to attorney general, when. If the person is imprisoned on any criminal accusation, reasonable notice shall be given to the attorney general, or the attorney general's deputy, lawfully appointed, to appear and object if the attorney general or the attorney general's…

§660-27 Return, hearing. The person imprisoned or restrained may deny any of the facts set forth in the return and may allege other material facts, and the court shall proceed in a summary way to examine the causes of imprisonment or restraint and to hear evidence which may be of…

§660-28 Bail, etc., before judgment. Except as otherwise provided: (1) Until judgment is given, the court may remand the party or accept bail for the party's appearance from day to day or may place the party under special care and custody, as circumstances may require; and (2) Af…

§660-29 Discharge, when. If no legal cause for the imprisonment or restraint is shown the person shall be immediately discharged therefrom. [L 1870, c 32, §21; RL 1925, §2752; RL 1935, §4337; RL 1945, §10378; RL 1955, §239-29; HRS §660-29]

§660-3 Issuable by whom. The supreme court, the justices thereof, and the circuit courts may issue writs of habeas corpus in cases in which persons are unlawfully restrained of their liberty; provided that persons committed or detained by order of the family court or under chapte…

§660-30 Admitted to bail, when. If the person is detained for any cause or offense and admittance to bail is a matter of right, the person shall be admitted to bail, or bail may be dispensed with as provided by the state constitution. If the person cannot furnish the bail ordered…