Hawaii Revised Statutes 603-23.5 – Action to enjoin violation of section 708-871; action for damages
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | $2,000 |
Terms Used In Hawaii Revised Statutes 603-23.5
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Any person, firm, private corporation, or municipal or other public corporation or trade association or the attorney general or any county attorney, prosecuting attorney, or corporation counsel may maintain an action to enjoin a continuance of any act in violation of § 708-871 and if injured thereby for recovery of damages. If in any such action the court finds that the defendant is violating or has violated § 708-871 it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved.
Any defendant in any action brought under this section may be compelled to testify by deposition, or in person before the court in which the action is brought, and may be examined by the plaintiff as if on cross-examination, and the plaintiff shall not be bound by the defendant’s testimony; provided that no information so obtained may be used against the defendant as a basis for a misdemeanor or prosecution under § 708-871. No proceeding shall be instituted for an injunction unless and until the plaintiff has notified the defendant of the plaintiff’s intention to file such a proceeding unless the defendant ceases and desists from continuing to act in violation of § 708-871 such notice to be given at least forty-eight hours previous to the filing of any action. No injunction shall issue in the event that defendant has ceased violating § 708-871 upon the receipt of such notice, but the giving of such notice or the bringing of an action under this section shall not prevent the institution or continuance to completion of a prosecution for misdemeanor under § 708-871.