Title 34, Pleadings And Procedure

§632-1 Jurisdiction; controversies subject to. [(a)] In cases of actual controversy, courts of record, within the scope of their respective jurisdictions, shall have power to make binding adjudications of right, whether or not consequential relief is, or at the time could be, cla…

§632-2 Appeals. Declaratory judgments may be reviewed as other judgments. [L 1921, c 162, §2; RL 1925, §2919; RL 1935, §4221; RL 1945, §9972; RL 1955, §228-2; HRS §632-2; am L 1972, c 89, §1(d)]

§632-3 Further relief upon judgment. Further relief based on a declaratory judgment may be granted whenever necessary or proper, after reasonable notice and hearing, against any adverse party whose rights have been adjudicated by the judgment. [L 1921, c 162, §3; RL 1925, §2920; …

§632-6 Provisions, remedial. This chapter is declared to be remedial. Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other …

[§633-16] Unauthorized removal of shopping carts, etc.; notice; exceptions. (a) A person shall not remove, without proper authorization, a shopping cart, shopping basket, or similar device from the premises of any business establishment, including any parking area maintained for …

§633-27 District courts; powers. (a) All district courts, except as otherwise provided, shall exercise jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court…

§633-28 Small claims, no appeal; appearance by whom. (a) Actions shall be commenced and conducted in the small claims division of the district court as provided by the rules of court. The clerk of the court, at the request of an individual, shall prepare the papers required to be…

§633-29 Fees and costs; waiver. The fee for issuing summons and copies, trial, judgment, and satisfaction in an action in the small claims division of the district court shall be not more than $35. Other fees shall be as prescribed by statute or rule of court. The judge may waive…

§633-30 Counterclaim; retention of jurisdiction. When the limit of the district court as provided by section 633-27 is exceeded in a counterclaim but within the jurisdictional limit of the court as provided by section 604-5, the action shall nevertheless remain in the small claim…

[§633-31] Jury trial; demand; assignment to other court. In a case filed or pending in the small claims division of the district court in which a party entitled to a trial by jury files a demand therefor, the case shall be assigned to and tried in the circuit court under the proc…

§633-32 Evidence. In a case tried in the small claims division, the court shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and is not bound by the rules of evidence, whether or not set out by statut…

§633-33 Judgment for wages; oral examination; payment. When a judgment in an action pursuant to this chapter is founded in whole or in part on a claim for wages or personal services, the court, upon motion of the party obtaining judgment, shall order the appearance of the party a…

§633-34 Award of costs. In any action pursuant to this chapter, the award of costs is in the discretion of the court, which may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the action, incurred by either party. No attorn…

§633-35 Other rights of judgment creditor. Except as otherwise provided by this chapter, or in the rules of court, a party obtaining a judgment in the small claims division of the district court is entitled to the same remedies, processes, costs, and benefits as are given or inur…

§633-36 Forms and public information. For the more effective carrying out of this chapter, the chief justice, as administrative head of the judiciary department, shall cause to be published a booklet or pamphlet describing, in language readily understandable by a layperson, the p…

§633-8 Order to show cause. Upon the filing of a complaint with a copy of a 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 that the leased or rented personal property has been in …

PART I. PARTIES, GENERAL PROVISIONS [§634-1] Assignee; nonnegotiable chose. The assignee of any nonnegotiable chose in action, assigned in writing, may maintain thereon in the assignee's own name any action which, but for the assignment, might be maintained by the assignor; subje…

PART II. INTERPLEADER §634-11 Interpleader; application for order by sheriff, deputy sheriff, police officer, or independent civil process server. When, in the execution of process against goods and chattels issued by or under the authority of the courts of the State, by reason o…

§634-12 Sale of property seized on execution, when. When goods or chattels have been seized in execution by the sheriff, deputy sheriff, a police officer, or an independent civil process server from the department of law enforcement's list under section 353C-11 under process of a…

[§634-13] Questions of law; submission to supreme court. In all cases of interpleader proceedings where the question is one of law and the facts are not in dispute, the judge shall be at liberty at the judge's discretion to decide the question without directing an action or issue…

[§634-2] Joint contractual obligations. In an action on a contract on which two or more persons are jointly, jointly and severally, or severally liable, the court in which the action is pending has jurisdiction to proceed against such of the obligors as can be served as if they w…

PART III. SERVICE §634-21 Service of process, by whom. Except as otherwise provided, service of all process and orders shall be made by the sheriff or the sheriff's deputy, the chief of police of the county in which the service is made or the chief's duly authorized subordinate, …

§634-21.5 Service of process within a condominium, cooperative housing, or planned community. (a) Each board of directors of an association governed by chapter 514B, cooperative housing corporation governed by chapter 421I, and planned community association governed by chapter 42…

§634-22 Return. In all cases where any process or order of a court is served by any officer of the court or of the police force or the sheriff, a deputy sheriff, an independent civil process server from the department of law enforcement's list under section 353C-11, or any invest…

§634-23 Joinder of unknown persons; service when defendant unknown or absent. Where an action or proceeding involves or concerns any property, tangible or intangible, within the jurisdiction of a circuit court, or any legal or equitable estate, right or interest, vested or contin…

§634-24 Service outside the State or by registered mail. [(a)] In any case in which, under section 634-23, provision is made for service of summons as provided by this section, personal service shall be made upon the defendant wherever found or the defendant shall be served by re…

§634-25 Personal service on resident outside the State. [(a)] Whenever a defendant, being a resident of the State, cannot be served within the State[,] personal service may be made upon the defendant outside the State by any person authorized to serve process in the place in whic…

[§634-26] Form of published notice. The published notice provided for by section 634-23 shall be in the form of a summons, without a caption but referring to the complaint or petition, stating briefly the object of the action or proceeding[,] with a brief description of the prope…

[§634-27] Substituted service of summons in attachment cases. In all cases where a writ of attachment is issued out of any court in accordance with chapter 651, relating to attachments, if it appears by affidavit or otherwise to the satisfaction of the judge that the defendant in…

[§634-28] Form of judgment. The judgment rendered in such a cause shall be in form a personal judgment against the defendant or defendants, but shall not be valid, except for the purpose of the issuance of the levy of execution and of sale upon the property so attached. [L 1917, …

§634-29 In case of attachment, etc., of real property. In all cases of attachment, sequestration, or injunction of real property, the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 s…

[§634-29.5] Service in cases involving real property. (a) Notwithstanding any other provision of law, in an action the principal subject matter of which is real property owned by a defendant who is not a resident of the State, service of summons may be made upon the defendant by …

[§634-3] Actions against persons by firm name. Whenever two or more persons, associated in any business, transact such business under a firm name, whether it comprises the names of such persons or not, the associates may be sued by such firm name, the summons in such case being s…

§634-30 Organizations and associations, service of process on; judgment. When two or more persons associate and act, whether for profit or not, under a common name, including associating and acting as a labor organization or employer organization, whether the common name comprise…

§634-31 Same; nonresidents; service. The transaction of any acts, business, or activities within the State by any officer, agent, representative, employee, or member of any such association having officers, agents, members, or property without the State, on behalf of such associa…

§634-32 Other laws not affected. Nothing contained in sections 634-30 and 634-31 shall be construed to amend or repeal chapter 425 or 432, article 1, or section 634-3. [L Sp 1949, c 4, §3; RL 1955, §230-41; HRS §634-68; ren HRS §634-32; am L 2016, c 55, §28]

§634-33 Service in cases of operation of motor vehicles. [(a)] The use and operation by any person, whether a resident or a nonresident of the State, of any motor vehicle upon a public highway in this State shall subject the person to the jurisdiction of the courts of this State …

§634-34 Service on boat operators. [(a)] The operation, navigation, use, or maintenance by any person, whether a resident or nonresident of the State, of any boat, ship, barge, or other watercraft in the navigable waters of the State shall subject the person to the jurisdiction o…

[§634-35] Acts submitting to jurisdiction. (a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, the person's personal representative, …

§634-36 Manner of service under sections 634-33 to 35. [(a)] When service of summons is provided for by section 634-33, 634-34, or 634-35, service shall be made by service upon the defendant personally by any person authorized to serve process in the place in which the defendant …

§634-37 Presumption of notice and service of process in child support cases. Whenever notice and service of process is required for child support enforcement proceedings subsequent to an order issued pursuant to chapter 571, 576B, 576E, 580, or 584A, upon a showing that diligent …

[§634-38] Manner of service within the State; assumpsit. For civil actions in the nature of assumpsit, when service of summons is required by law, court rule, or court order, service on the defendant within the State shall be: Service pursuant to paragraph (1) and proof of person…

PART IV. NOTICE OF PENDENCY OF ACTION §634-51 Recording of notice of pendency of action. (a) In any action concerning real property or affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint; any state or county agency, b…

PART V. ABATEMENT AND REVIVAL [§634-61] Death or dissolution of plaintiff or defendant. The death of a plaintiff or defendant or the dissolution of a corporate plaintiff or defendant shall not cause an action to abate, but it may be continued upon substitution of the proper parti…

[Part VI.] ANONYMOUS FILINGS [§634‑71] Anonymous filings. (a) Upon petition to a court under this section, the court may allow a petition, complaint, motion, or other document to be filed by a party identifying the parties as "jane doe" or "john doe"; provided that when deciding …

[§634G-1] Short Title. This chapter may be cited as the Hawaii Public Expression Protection Act. [L 2022, c 96, pt of §2]

[§634G-10] Rule of construction. This chapter shall be construed liberally to fully effectuate its purposes and intent to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the U…

[§634G-11] Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2022, c 96, pt of §2]

[§634G-3] Required procedures; motions; stays. (a) Notwithstanding any law to the contrary, including rules of the court, no later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of acti…

[§634G-4] Expedited hearings. (a) The court shall hear a motion under section 634G-3(a) no later than sixty days after filing of the motion, unless the court orders a later hearing: (b) If the court orders a later hearing under subsection (a)(1), the court shall hear the motion u…