Article 1 General Provisions 425E-101 – 425E-118
Article 2 Formation; Certificate of Limited Partnership; Other Filings; Fees 425E-201 – 425E-211
Article 3 Limited Partners 425E-301 – 425E-306
Article 4 General Partners 425E-401
Article 5 Contributions and Distributions 425E-501
Article 6 Dissociation 425E-601
Article 7 Transferable Interests and Rights of Transferees and Creditors 425E-701
Article 8 Dissolution 425E-801
Article 9 Foreign Limited Partnerships 425E-901
Article 10 Actions by Partners 425E-1001
Article 11 Conversion and Merger 425E-1101
Article 12 Miscellaneous Provisions 425E-1201

Terms Used In Hawaii Revised Statutes > Chapter 425E - Uniform Limited Partnership Act

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Actual address: means a residential, work, or school address as specified on an applicant's application and includes the applicant's county of residence and voting precinct. See Hawaii Revised Statutes 801G-1
  • Administrator: means the person conducting the photo lineup, live lineup, or showup for law enforcement. See Hawaii Revised Statutes 801K-1
  • 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.
  • Agency: means an agency or instrumentality of the State or any of its political subdivisions. See Hawaii Revised Statutes 801G-1
  • Aggrieved person: means a person who was party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed. See Hawaii Revised Statutes 803-41
  • Aircraft: means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air. See Hawaii Revised Statutes 261-1
  • Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon. See Hawaii Revised Statutes 261-1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • Applicant: includes a primary applicant and a secondary applicant. See Hawaii Revised Statutes 801G-1
  • Application assistant: means a current employee or volunteer serving a victim services organization who is certified by the program pursuant to this chapter to assist individuals with applications to participate in the program; provided that an application assistant shall not be an employee of the program. See Hawaii Revised Statutes 801G-1
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means an association organized under chapter 421 or 421C. See Hawaii Revised Statutes 425E-1101
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Aural transfer: means a transfer containing the human voice at any point between and including the point of origin and the point of reception. See Hawaii Revised Statutes 803-41
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Blind: means the administrator does not know the identity of the suspect in the identification procedure. See Hawaii Revised Statutes 801K-1
  • Blinded: means the administrator may know who the suspect is, but by virtue of the use of procedures or technology, does not know which lineup member is being viewed by the eyewitness. See Hawaii Revised Statutes 801K-1
  • Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
  • Certificate of limited partnership: means the certificate required by § 425E-201. See Hawaii Revised Statutes 425E-102
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Communication common carrier: means any person engaged as a common carrier for hire in interstate or foreign communication by wire or radio or in intrastate, interstate, or foreign radio transmission of energy, except where reference is made to communication common carriers not subject to this part; provided that a person engaged in radio broadcasting, to the extent the person is so engaged, shall not be deemed a communication common carrier. See Hawaii Revised Statutes 803-41
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Constituent limited partnership: means a constituent organization that is a limited partnership. See Hawaii Revised Statutes 425E-1101
  • Constituent organization: means an organization that is a party to a merger. See Hawaii Revised Statutes 425E-1101
  • Contents: when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication. See Hawaii Revised Statutes 803-41
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of law enforcement. See Hawaii Revised Statutes 801G-1
  • Department: means the department of transportation. See Hawaii Revised Statutes 261-1
  • Dependent: A person dependent for support upon another.
  • 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.
  • Designated judge: means a circuit court judge designated by the chief justice of the Hawaii supreme court to issue orders under this part. See Hawaii Revised Statutes 803-41
  • Director: means the director of transportation. See Hawaii Revised Statutes 261-1
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 425E-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a transfer of money or other property from a limited partnership to a partner in the partner's capacity as a partner or to a transferee on account of a transferable interest owned by the transferee. See Hawaii Revised Statutes 425E-102
  • electronic communication: includes , but is not limited to, "display pagers" which can display [a] visual message as part of the paging process, but does not include:

    (1) Any wire or oral communication;

    (2) Any communication made through a tone-only paging device;

    (3) Any communication from a tracking device; or

    (4) Electronic funds transfer information stored by [a] financial institution in a communications system used for the electronic storage and transfer of funds. See Hawaii Revised Statutes 803-41

  • Electronic communication service: means any service that provides to users thereof the ability to send or receive wire or electronic communications. See Hawaii Revised Statutes 803-41
  • Electronic communication system: means any wire, radio, electromagnetic, photo-optical, or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of these communications. See Hawaii Revised Statutes 803-41
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic storage: means :

    (1) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and

    (2) Any storage of the communication by an electronic communication service for purposes of backup protection of the communication. See Hawaii Revised Statutes 803-41

  • Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 425E-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Eyewitness: means a person who observes another person at or near the scene of an offense. See Hawaii Revised Statutes 801K-1
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign limited liability limited partnership: means a foreign limited partnership whose general partners have limited liability for the obligations of the foreign limited partnership under a provision similar to section 425E-404(c). See Hawaii Revised Statutes 425E-102
  • Foreign limited partnership: means a partnership formed under the laws of a jurisdiction other than this State and required by those laws to have one or more general partners and one or more limited partners. See Hawaii Revised Statutes 425E-102
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General partner: means a general partner of a limited partnership. See Hawaii Revised Statutes 425E-1101
  • General partner: means :

    (1) With respect to a limited partnership, a person that:

    (A) Becomes a general partner under § 425E-401; or

    (B) Was a general partner in a limited partnership when the limited partnership became subject to this chapter under section 425E-1204(a) or (b); and

    (2) With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a general partner in a limited partnership. See Hawaii Revised Statutes 425E-102

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hybrid transaction: means a single transaction involving the sale of goods and:
    (a) The provision of services;
    (b) The lease of other goods; or
    (c) The sale, lease, or license of property other than goods. See Hawaii Revised Statutes 490:2-106
  • Identification: means the identification by the eyewitness of a specific person as the possible perpetrator. See Hawaii Revised Statutes 801K-1
  • Identification procedure: means a live lineup, a photo lineup, or a showup. See Hawaii Revised Statutes 801K-1
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a natural person. See Hawaii Revised Statutes 425E-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Hawaii Revised Statutes 803-41
  • Investigative or law enforcement officer: means any officer of the State or political subdivision thereof, who is empowered by the law of this State to conduct investigations of or to make arrests for offenses enumerated in this part. See Hawaii Revised Statutes 803-41
  • 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.
  • Juror: A person who is on the jury.
  • Law enforcement: means any law enforcement entity conducting an investigation. See Hawaii Revised Statutes 801K-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited partner: means :

    (1) With respect to a limited partnership, a person that:

    (A) Becomes a limited partner under § 425E-301; or

    (B) Was a limited partner in a limited partnership when the limited partnership became subject to this chapter under section 425E-1204(a) or (b); and

    (2) With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a limited partner in a limited partnership. See Hawaii Revised Statutes 425E-102

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live lineup: means an identification procedure in which a group of persons, including the suspect and other persons acting as fillers, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the possible perpetrator. See Hawaii Revised Statutes 801K-1
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oral communication: means any utterance by a person exhibiting an expectation that the utterance is not subject to interception under circumstances justifying that expectation, but the term does not include any electronic communication. See Hawaii Revised Statutes 803-41
  • Organized crime: means any combination or conspiracy to engage in criminal activity. See Hawaii Revised Statutes 803-41
  • Organizing articles: means :

    (1) For an association, corporation, or nonprofit corporation, the articles of incorporation;

    (2) For a general partnership or limited liability partnership, the registration statement;

    (3) For a limited partnership, or limited liability limited partnership, the certificate of limited partnership; and

    (4) For a limited liability company, the articles of organization. See Hawaii Revised Statutes 425E-1101

  • Other business entity: means a corporation, limited liability company, general partnership, limited liability partnership, or association. See Hawaii Revised Statutes 425E-1101
  • participant: means an individual accepted into the address confidentiality program, and includes a primary participant and a secondary participant. See Hawaii Revised Statutes 801G-1
  • Partner: means a limited partner or general partner. See Hawaii Revised Statutes 425E-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership agreement: means the partners' agreement, whether oral, implied, in a record, or in any combination, concerning the limited partnership. See Hawaii Revised Statutes 425E-102
  • Pen register: means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or cellular network to which the device is connected, or that identifies the numbers that a device uses to connect to a wire or electronic communications service, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business. See Hawaii Revised Statutes 803-41
  • Person: means any official, employee, or agent of the United States or this State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Hawaii Revised Statutes 803-41
  • Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Hawaii Revised Statutes 261-1
  • Person: includes any individual or entity. See Hawaii Revised Statutes 425E-102
  • Person dissociated as a general partner: means a person dissociated as a general partner of a limited partnership. See Hawaii Revised Statutes 425E-102
  • Personal liability: means personal liability for a debt, liability, or other obligation of an organization which is imposed on a person that co-owns, has an interest in, or is a member of the organization:

    (1) By the organization's governing statute solely by reason of the person co-owning, having an interest in, or being a member of the organization; or

    (2) By the organization's organizational documents under a provision of the organization's governing statute authorizing those documents to make one or more specified persons liable for all or specified debts, liabilities, and other obligations of the organization solely by reason of the person or persons co-owning, having an interest in, or being a member of the organization. See Hawaii Revised Statutes 425E-1101

  • Personal property: All property that is not real property.
  • Photo lineup: means an identification procedure in which an array of photographs, including a photograph of the suspect and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer or other electronic means for the purpose of determining whether the eyewitness identifies the suspect as the possible perpetrator. See Hawaii Revised Statutes 801K-1
  • Place: as used in this part means any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself. See Hawaii Revised Statutes 712-1280
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Police officer: means a police officer and any other state or county officer charged with the enforcement of state laws. See Hawaii Revised Statutes 261-1
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • present sale: means a sale that is accomplished by the making of the contract. See Hawaii Revised Statutes 490:2-106
  • Primary applicant: means an individual who is applying to participate in the address confidentiality program as a victim of domestic abuse, a sexual offense, or stalking; provided that a parent or guardian applying on behalf of a minor or an incapacitated person shall not be considered a primary applicant; provided further that a parent or guardian may apply as a secondary applicant under section 801G-4. See Hawaii Revised Statutes 801G-1
  • Principal office: means the office where the principal executive office of a limited partnership or foreign limited partnership is located, whether or not the office is located in this State. See Hawaii Revised Statutes 425E-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • program: means the program established by section 801G-2. See Hawaii Revised Statutes 801G-1
  • Program director: means the director of the address confidentiality program. See Hawaii Revised Statutes 801G-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public record: means all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, digital data, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by a state or local government agency. See Hawaii Revised Statutes 801G-1
  • Readily accessible to the general public: means , with respect to radio communication, that the communication is not:

    (1) Scrambled or encrypted;

    (2) Transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;

    (3) Carried on a subcarrier or other signal subsidiary to a radio transmission;

    (4) Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or

    (5) Transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, unless in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Hawaii Revised Statutes 803-41

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 425E-102
  • Registered office: means the office that a domestic or foreign limited partnership is required to register and maintain under § 425E-114. See Hawaii Revised Statutes 425E-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communication system. See Hawaii Revised Statutes 803-41
  • Required information: means the information that a limited partnership is required to maintain under § 425E-111. See Hawaii Revised Statutes 425E-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • right of contribution: means any benefit provided by a person to a limited partnership in order to become a partner or in the person's capacity as a partner. See Hawaii Revised Statutes 425E-102
  • Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual offense: means an act described in § 707-730, 707-731, 707-732, 707-733, 707-733. See Hawaii Revised Statutes 801G-1
  • Showup: means an identification procedure in which an eyewitness is presented in-person with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the possible perpetrator. See Hawaii Revised Statutes 801K-1
  • Sign: means to execute or adopt a tangible symbol with the present intent to authenticate a record or to attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate the record. See Hawaii Revised Statutes 425E-102
  • Stalking: means any act described in sections 711-1106. See Hawaii Revised Statutes 801G-1
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 425E-102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substitute address: means an address that is used instead of an actual address and assigned to a participant under the address confidentiality program. See Hawaii Revised Statutes 801G-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Suspect: means the person believed by law enforcement to be the possible perpetrator of the crime. See Hawaii Revised Statutes 801K-1
  • 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.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tracking device: means an electronic or mechanical device that permits the tracking of the movement of a person or object, but does not include a device when installed:

    (1) In a motor vehicle or other vehicle by or with the permission of the owner or person in lawful possession of the motor vehicle or other vehicle for the purpose of tracking the movement of the motor vehicle or other vehicle; or

    (2) By or at the request of a police department or law enforcement agency in a "bait vehicle". See Hawaii Revised Statutes 803-41

  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, and transfer by operation of law. See Hawaii Revised Statutes 425E-102
  • Transferable interest: means a partner's right to receive distributions. See Hawaii Revised Statutes 425E-102
  • Transferee: means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner. See Hawaii Revised Statutes 425E-102
  • Trap and trace device: means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Hawaii Revised Statutes 803-41
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • User: means any person or entity that:

    (1) Uses an electronic communication service; and

    (2) Is duly authorized by the provider of the service to engage in such use. See Hawaii Revised Statutes 803-41

  • Verdict: The decision of a petit jury or a judge.
  • Victim services organization: means a nonprofit, nongovernmental organization that provides assistance to, or advocates for, victims of domestic abuse or sexual violence, including rape crisis centers; an organization operating a shelter or providing professional counseling services; or an organization that provides assistance with the legal process including but not limited to the victim-witness assistance program and victim-witness assistance units established in section 28-111. See Hawaii Revised Statutes 801G-1
  • wire communication: includes , but is not limited to, cellular telephones, cordless telephones, "tone and voice" pagers which transmit a voice message along with a paging signal, and any electronic storage of a wire communication. See Hawaii Revised Statutes 803-41
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.