(a) The fees prescribed by subsection (b) shall be paid to the clerk of the district court as costs of court by the person instituting the action or proceeding, or offering the paper for filing, or causing the document to be issued or the services to be performed in the district court; provided that nothing in subsection (b) shall apply to cases of adults charged with commission of a crime, or minors referred to the district court by the family court; provided further that for the purposes of subsection (b), “judgment” includes an order from which an appeal lies; and provided further that the fees prescribed by subsection (b)(10) shall be deposited by the clerk of the district court into the judiciary computer system special fund pursuant to section 601-3.7. One-half of the fees collected pursuant to paragraphs (7), (8), and (9) of subsection (b) also shall be deposited into the fund.
Terms Used In Hawaii Revised Statutes 607-4
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Subpoena: A command to a witness to appear and give testimony.
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The fees referred to in subsection (a) are:
(1) Except for petitions for temporary restraining order under section 604-10.5, the fee for which shall be the same as that provided in section 607-5(b)(20), for the institution of each action or proceeding, to include all charges except as provided by paragraphs (2) to (6)……………………………….. $100(2) Intervention; answer containing one or more cross-claims or counterclaims; third-party complaint, for each such matter $10(3) Demand for jury trial……………… Fee prescribed by section 607-5(4) Filing of notice of appeal, to be paid in addition to the deposit of appellate court costs…………….. $100(5) Making of a copy; comparing of copy with original…………. Fees prescribed by section 92-21(6) Posting notice; service fees; garnishee fees; mileage charges; or other services actually performed……………… Amounts necessary to cover actual costs or disbursements(7) Administrative costs associated with the processing of traffic citations that involve stopping (when prohibited), standing, or parking……………… $10 for each violation in addition to any fine imposed by the court, and whether or not such fine is suspended(8) Administrative costs associated with the processing of traffic citations which do not involve stopping, standing, or parking………………………. $40 for each violation in addition to any fine imposed by the court, and whether or not such fine is suspended(9) Administrative costs associated with the processing of traffic citations issued for violations of a statute or ordinance relating to vehicles or their drivers, or owners, except those as provided by paragraphs (7) and (8)……………………. $30 for each violation in addition to any fine imposed by the court, and whether or not such fine is suspended(10) Administrative costs associated with the processing of all civil filings except those brought by the State or any of the various counties and political subdivisions of the State, those commenced by a petition for temporary restraining order under section 604-10.5, and those commenced and conducted in the small claims division of the district court…… $20.(c) The court, in taxing costs, may assess not only the costs of court, but also all reasonable disbursements as provided by section 607-9.(d) Fees of sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement’s list under section 353C-11 shall be as provided under section 607-8(a).(e) Anything in this section or any other law to the contrary notwithstanding, when any process or subpoena is served by a subordinate of the sheriff or chief of police, it shall be illegal for the sheriff or chief of police, (1) if and so long as the sheriff or chief of police is being paid a salary by the State or the county to receive or collect from such subordinate any portion of the fees, mileage, or other expenses collected by such subordinate, or (2) if and so long as the sheriff or chief of police is not being paid any such salary, to collect or receive from such subordinate more than ten per cent of the fees accruing from such service, or any portion of the mileage or other expenses collected by such subordinate. Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for such service shall be payable to such subordinate. Nothing herein contained shall be deemed to prohibit the police commission of any county from requiring all such fees, mileage, and expenses to be paid into a police benefit fund.
