634J-1 Definitions
634J-2 Motion for order requiring plaintiff to post security
634J-3 Hearing procedure
634J-4 Finding; amount of security
634J-5 Dismissal on failure to post security
634J-6 Motion as stay of proceedings
634J-7 Vexatious litigant; prefiling order prohibiting filing of new litigation

Terms Used In Hawaii Revised Statutes > Chapter 634J

  • Business: includes every trade, occupation, and profession. See Hawaii Revised Statutes 425-101
  • Defendant: means a person (including a corporation, association, partnership, firm, or governmental entity) against whom litigation is brought or maintained, or sought to be brought or maintained. See Hawaii Revised Statutes 425-134
  • Litigation: means any civil action or proceeding, commenced, maintained, or pending in any state or federal court of record. See Hawaii Revised Statutes 425-134
  • Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under section 425-109, a predecessor law, or comparable law of another jurisdiction. See Hawaii Revised Statutes 425-101
  • Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See Hawaii Revised Statutes 425-101
  • Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See Hawaii Revised Statutes 425-101
  • Person: includes any individual or entity. See Hawaii Revised Statutes 425-101
  • Plaintiff: means the person who commences, institutes or maintains litigation or causes it to be commenced, instituted, or maintained, including an attorney at law acting on the attorney's own behalf. See Hawaii Revised Statutes 425-134
  • Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See Hawaii Revised Statutes 425-101
  • 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 425-134
  • Statement: means a registration or annual statement filed under section 425-1, a statement of correction filed under section 425-1. See Hawaii Revised Statutes 425-101
  • Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See Hawaii Revised Statutes 425-101
  • Vexatious litigant: means a plaintiff who does any of the following:

         (1)  In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five civil actions other than in a small claims court that have been:

              (A)  Finally determined adversely to the plaintiff; or

              (B)  Unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing;

         (2)  After litigation has been finally resolved against the plaintiff, relitigates or attempts to relitigate in propria persona and in bad faith, either:

              (A)  The validity of the determination against the same defendant or defendants as to whom the litigation was finally determined; or

              (B)  The cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined;

         (3)  In any litigation while acting in propria persona, files, in bad faith, unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay; or

         (4)  Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence. See Hawaii Revised Statutes 425-134