Actions and proceedings of a civil nature within the jurisdiction of the circuit courts shall be brought as follows:

(1) Actions described in section 603-21.5(a)(2) shall be brought in the circuit where it is alleged the penalty or forfeiture was incurred;

Terms Used In Hawaii Revised Statutes 603-36

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) Actions in the nature of ejectment or trespass quare clausum fregit or to quiet title to or partition real property shall be brought in the circuit in which the real property in question is situated; provided that if the real property, partition of which is sought, lies in more than one circuit, the action may be brought in any circuit in which the real property or any part thereof is situated;
(3) Proceedings concerning trusts and the estates of decedents, missing persons, protected persons, minors, and incapacitated persons shall be brought as prescribed by chapter 560;
(4) Applications for writs directed to courts of inferior jurisdiction or for writs of quo warranto shall be made in the circuit in which the alleged occasion for relief by any such writ arises; provided that in case any such writ is necessary in the prosecution or furtherance of any action or proceeding already begun or pending before any circuit court, the court before which the action or proceeding has been begun or is pending may issue the writ even though the alleged occasion for relief arose in another circuit; and
(5) Actions other than those specified in paragraphs (1) to (4) shall be brought in the circuit where the claim for relief arose or where the defendant is domiciled; provided that if there is more than one defendant, then the action shall be brought in the circuit in which the claim for relief arose unless a majority of the defendants are domiciled in another circuit, whereupon the action may be brought in the circuit where the majority of the defendants are domiciled.

  Previous
Next  
 Part IV Contents