[ 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 determination of any issue in the litigation or of the merits of the litigation.

Terms Used In Hawaii Revised Statutes 634J-3

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Litigation: means any civil action or proceeding, commenced, maintained, or pending in any state or federal court of record. See Hawaii Revised Statutes 634J-1
  • Security: means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party's reasonable expenses, including attorney's fees, and not limited to taxable costs incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant. See Hawaii Revised Statutes 634J-1