Title 34, Pleadings And Procedure

[§634G-8] Appeal. A moving party may appeal within thirty days as a matter of right from an order denying, in whole or in part, a motion under section 634G-3(a). [L 2022, c 96, pt of §2]

[§634G-9] Costs, attorney's fees, and expenses. On a motion under section 634G-3(a) the court shall award costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails on the motion; or (2) To the…

[§634J-1] Definitions. Unless otherwise clear from the context, as used in this chapter: "Defendant" means a person (including a corporation, association, partnership, firm, or governmental entity) against whom litigation is brought or maintained, or sought to be brought or maint…

[§634J-2] Motion for order requiring plaintiff to post security. In any litigation pending in any court of this State, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. T…

[§634J-3] Hearing procedure. At the hearing upon the motion for security the court shall consider material evidence, written or oral, by witnesses or affidavit. No determination made by the court in determining or ruling upon the motion shall be, or be deemed to be, a determinati…

[§634J-4] Finding; amount of security. If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the c…

[§634J-5] Dismissal on failure to post security. When security that has been ordered is not furnished, the litigation shall be dismissed with prejudice as to the defendant for whose benefit it was ordered. [L 1993, c 124, pt of §1]

[§634J-6] Motion as stay of proceedings. When a motion pursuant to section 634J-2 is filed prior to trial, the litigation is stayed, and the moving defendant need not plead until ten days after the motion shall have been denied, or if granted, until ten days after the required se…

[§634J-7] Vexatious litigant; prefiling order prohibiting filing of new litigation. (a) In addition to any other relief provided in this chapter, the court, on its own motion or the motion of any party, may enter a prefiling order which prohibits a vexatious litigant from filing …

[§634L-1] Purpose and intent. The legislature finds and declares that court proceedings can provide a means for domestic violence abusers to control, harass, intimidate, coerce, and impoverish their intimate partner during the relationship and after it has ended. Misused in this …

[§634L-2] Definitions. As used in this chapter: "Intimate partner" means: (1) Current or former spouses or reciprocal beneficiaries; (2) Persons who have a child in common regardless of whether they have been married or have lived together at any time; or (3) Persons who have or …

[§634L-3] Abusive litigation; defined. (a) Abusive litigation occurs where the following apply: (1) The opposing parties have a current or former intimate partner relationship or have filed on behalf of a minor or incapacitated person who has a current or former intimate partner …

[§634L-4] Procedure to request order restricting abusive litigation. (a) A party to a case may request from the court an order restricting abusive litigation if the parties are current or former intimate partners and one party has been found by the court to have committed domesti…

[§634L-5] Hearing; procedure. (a) If a party asserts that they are being subjected to abusive litigation, the court shall attempt to verify that the parties have or previously had an intimate partner relationship and that the party raising the claim of abusive litigation has been…

[§634L-6] Presumptions. At the hearing conducted pursuant to this chapter, evidence of any of the following creates a rebuttable presumption that litigation is being filed, initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining cont…

[§634L-7] Court findings. (a) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation, and that any or all of the motions or actions pending before the court are abusive litigation, the litigation shall be dismissed, denied, stricken, …

[§634L-8] Filing of new case or motion by person subject to an order restricting abusive litigation. (a) A person subject to an order restricting abusive litigation who wishes to initiate a new case or file a motion in an existing case during the time the person is under filing r…

§635-12 No jury, when. (a) When there is no right of trial by jury, or the right has been waived, the issues shall be determined by the judge without the intervention of a jury. (b) Whenever provision is made by statute for trial without the intervention of a jury, the same shall…

§635-13 Jury, when of right. When the right of trial by jury is given by the Constitution or a statute of the United States or this State and the right has not been waived, the case shall be tried with a jury. [CC 1859, §1130; am L 1909, c 23, §1; RL 1925, §2367; RL 1935, §4098; …

§635-14 Reference. In matters within the jurisdiction of circuit courts as set forth in sections 603-21.6 and 603-21.7, and in civil actions not within such jurisdiction if so provided by statute or rule of court, a reference to a master may be ordered. [CC 1859, §§1137, 1138; am…

§635-20 Less than unanimous verdict authorized. In all civil cases tried before a jury it shall be sufficient for the return of a verdict if at least five-sixths of the jurors agree on the verdict. [L 1965, c 171, §1; Supp, §231-28; HRS §635-20]

IMPANELING, SEGREGATION OF JURY §635-26 Impaneling. (a) At the trial of any cause requiring a jury in any circuit or district court, the clerk of the court shall draw a jury by lot, to the number of twelve, from the box containing the names of persons who have been duly summoned …

§635-27 Examination for cause. Each party shall have the right, under the direction of the court, to examine a proposed juror as to the proposed juror's qualifications, interest, or bias that would affect the trial of the cause and as to any matter that might tend to affect the p…

§635-28 Challenging for cause. In all cases, any party may challenge for cause any juror drawn for the trial. The court shall determine the validity of the objection urged. [L 1903, c 38, §19; RL 1925, §2417; RL 1935, §3735; RL 1945, §10111; RL 1955, §231-11; HRS §635-28; am L 19…

§635-29 Challenging peremptorily. (a) In addition to the challenges of jurors allowed in section 635-28, the State and defendant in criminal cases shall be allowed peremptory challenges as provided by section 635-30. (b) In civil cases each party shall be allowed to challenge per…

§635-3 Dismissal for want of prosecution. The court may dismiss any action for want of prosecution after due notice to the claimants whenever claimants have failed to bring such action to trial within a period established by rule of court. Prior to dismissal of any action for wan…

§635-30 Peremptory challenges, criminal cases. In criminal cases, if the offense charged is punishable by life imprisonment, each side is entitled to twelve peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants…

§635-32 Segregation during trial. It shall not be necessary in any case for any trial jury after having been finally accepted and sworn to try the cause, to be segregated, locked up, or otherwise confined at any time prior to retiring to deliberate upon their verdict; provided th…

§635-52 Scope of argument. [(a)] At the close of the evidence (unless the court directs a verdict, or orders entry of a judgment of acquittal), the respective parties, or their counsel, shall be entitled to sum up the facts to the jury. In their addresses to the jury they shall b…

NEW TRIAL §635-56 Grounds for new trial. In any civil case or in any criminal case wherein a verdict of guilty has been rendered, the court may set aside the verdict when it appears to be so manifestly against the weight of the evidence as to indicate bias, prejudice, passion, or…

§636-15 Default judgments. Upon application for a judgment by default: (1) If the taking of evidence is required or ordered and the matter is one which would have been tried before a jury had there been no default, the court shall accord a right of trial by jury unless the court …

[§636-16] Awarding interest. In awarding interest in civil cases, the judge is authorized to designate the commencement date to conform with the circumstances of each case, provided that the earliest commencement date in cases arising in tort, may be the date when the injury firs…

§636-3 Judgment, orders, decrees; lien when. Any money judgment, order, or decree of a state court or the United States District Court for the District of Hawaii shall be a lien upon real property when a copy thereof, certified as correct by a clerk of the court where it is enter…

§636-4 Examination of judgment debtors and others. Any creditor who has obtained a judgment in any court, or the creditor's successor in interest when that interest appears of record, may apply to the court for the issuance of orders, summons, or subpoenas, in order that the judg…

§636-5 Action on judgment; penalty for failure to credit payments. Whenever in any action brought on a prior judgment, the complaint fails to credit prior payments on the judgment, the defendant shall be entitled to offset against the true balance due on the judgment an amount do…

[§636C-1] Short title. This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act. [L 1983, c 31, pt of §1]

[§636C-2] Definition. In this chapter "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this State. [L 1983, c 31, pt of §1]

§636C-3 Filing and status of foreign judgments. A copy of any exemplified foreign judgment may be filed in the office of the clerk of the appropriate court of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of this State. A judgm…

[§636C-4] Notice of filing. (a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor and…

[§636C-5] Stay. (a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appe…

§636C-6 Fees. Any person filing a foreign judgment shall pay $100 to the clerk of the court. Fees for docketing, transcription, or other enforcement proceedings shall be as provided by law for judgments of the court of this State. [L 1983, c 31, pt of §1; am L 1998, c 128, §6]

[§636C-7] Optional procedures. The right of a judgment creditor to bring an action to enforce a judgment instead of proceeding under this chapter remains unimpaired. [L 1983, c 31, pt of §1]

[§636C-8] Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [L 1983, c 31, pt of §1]

[§636C-9] Enforcement of foreign penal civil actions relating to protected reproductive health care services. (a) No judgment or other order arising from a foreign penal civil action or other penal law banning, restricting, burdening, punishing, penalizing, or otherwise interferi…