Title 36, Civil Remedies And Defenses And Special Proceedings

§660-5 Complaint. Application for the writ or an order to show cause shall be made to the court or judge authorized to issue the same, by complaint in writing, signed by the party for whose relief it is intended, or by some person in the party's behalf, setting forth: The facts a…

§660-6 Form of writ. The court or judge to whom the complaint is made shall, without delay, award and issue the writ unless it appears from the application that the person detained is not entitled thereto or an order to show cause is issued under section 660-7. The writ of habeas…

§660-7 Order to show cause in lieu of writ. The court or judge to whom the complaint is made may issue an order directing the person by whom the party is imprisoned or restrained, to appear and show cause for the imprisonment or restraint at such time as the court shall direct, b…

§660-9 Sunday. Any writ or process authorized by this chapter may be issued or served on Sunday. [L 1870, c 32, §29; RL 1925, §2732; RL 1935, §4317; RL 1945, §10358; RL 1955, §239-9; HRS §660-9]

[PART I. GENERAL PROVISIONS] §661-1 Jurisdiction. The several circuit courts of the State and, except as otherwise provided by statute or rule, the several state district courts, subject to appeal as provided by law, shall have original jurisdiction to hear and determine the foll…

§661-10 Actions by State. Whenever it is necessary or desirable for the State in order to collect or recover any money or penalty, or to recover or obtain the possession of any specific property, real or personal, or to enforce any other right (except in respect to criminal prose…

§661-11 Tort claims against State where covered by insurance. (a) This section applies to an action where: No defense of sovereign immunity shall be raised in an action under this section. However, the State's liability under this section shall not exceed the amount of, and shall…

[§661-12] Awards of attorney's fees against agencies. (a) Any law to the contrary notwithstanding, in any civil proceeding initiated by a small business against any agency in a state court, the court shall allow the small business reasonable attorney's fees, if the court finds th…

§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…

[§661B-1] Statement of claim for compensation. (a) Any person convicted in a court of the State and imprisoned for one or more crimes of which the person was actually innocent may file a petition for relief pursuant to this chapter for an award of damages against the State; provi…

[§661B-2] Presentation of claim. (a) A petition for relief filed pursuant to this chapter shall be filed in the circuit court of the circuit in which the petitioner lives, or if the petitioner lives outside the State, in the circuit court of the first circuit. The petitioner shal…

[§661B-3] Judgment and award. (a) The petitioner shall have the burden to prove by a preponderance of the evidence: (b) The following shall be affirmative defenses, on which the State shall have the burden of proof by a preponderance of the evidence: If the State proves one or mo…

[§661B-4] Time limitations. Every claim arising under this chapter shall forever be barred unless the action is commenced by filing a petition with the circuit court within two years after the conviction that is the subject of the petition is either reversed or vacated, or the pe…

[§661B-5] Right of appeal. Review of any final judgment of the circuit court shall be governed by chapter 602. [L 2016, c 156, pt of §2]

[§661B-6] Waiver of sovereign immunity. This chapter shall constitute a waiver of sovereign immunity by the State only for the claims brought pursuant to this chapter. The State makes no other waiver of sovereign immunity, and fully retains its sovereign immunity as to all other …

[§661B-7] Exclusive remedy. (a) Notwithstanding any other law, including the common law, to the contrary, this chapter sets forth the exclusive remedy for any person seeking compensation of any kind or nature whatsoever, as a result of, related to, or arising from a conviction an…

§662-1 Definitions. As used in this chapter the term: "Acting within the scope of the employee's office or employment", in the case of a member of the Hawaii National Guard or Hawaii state defense force, means acting in the line of duty. "Employees of the State" includes officers…

§662-10 Judgment as bar. The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim. [L 1957, c 312, pt of §1; Sup…

§662-11 Compromise. (a) The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter. (b) Claims arbitrated, compromised, or settled by the attorney general for an amount not exceeding $25,000, shall be paid from the state risk management revo…

§662-12 Attorney's fees. The court rendering a judgment for the plaintiff pursuant to this chapter or the attorney general making a disposition pursuant to section 662-11 may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney's fees which s…

§662-13 No awards except upon legal evidence. In no case shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1957, c 312, pt of §1; Sup…

§662-14 Exclusiveness of remedy. (a) The authority of the State or any state agency to sue and be sued in its own name shall not be construed to authorize any other actions against the State or such agency on claims cognizable under this chapter, and the rights and remedies provi…

§662-15 Exceptions. This chapter shall not apply to:

§662-16 Defense of state employees; county lifeguards. (a) The attorney general may defend any civil action or proceeding brought in any court against any employee of the State for damage to property or for personal injury, including death, resulting from the act or omission of a…

[§662-16.5] Defense of professionally licensed or certified state employees; decision not to defend. (a) The attorney general, on behalf of the State, shall defend any civil action or proceeding brought in any court against any professionally licensed or certified employee of the…

[§662-17] Benefits and obligations of parents of minor employees. All benefits and obligations conferred or imposed upon employees of the State by this chapter are conferred or imposed upon the parents or legal guardians of the employee when the employee is a minor. [L 1988, c 17…

[§662-18] Conclusive presumptions; unexploded ordnance on Kaho‘olawe and in the ocean adjacent to Kaho‘olawe. (a) The State shall have a duty to warn persons who enter the Kaho‘olawe island reserve specifically of the dangers posed by unexploded ordnance on the island or in the a…

[§662-19] Limited liability for skateboarding activities in public skateboard parks. (a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition res…

§662-2 Waiver and liability of State. The State hereby waives its immunity for liability for the torts of its employees and shall be liable in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to ju…

§662-3 Jurisdiction. The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of all tort actions on claims against the State, for money damages, accruing on and after July 1, 1957, for injury…