Hawaii 2022 Regular Session

Hawaii House Bill HB2223 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2223 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to the judiciary. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2223
4	4	THIRTY-FIRST LEGISLATURE, 2022
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9	9	H.B. NO.
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11	11	2223
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to the judiciary.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 604-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The district courts shall try and determine all actions without a jury, subject to appeal according to law. Whenever a civil matter is triable of right by a jury and trial by jury is demanded in the manner and within the time provided by the rules of court, the case shall be transferred to the circuit court. If the demand is made in the complaint and the matter is triable of right by a jury, the action may be commenced in the circuit court if the amount in controversy exceeds [$5,000.] $10,000." SECTION 2. Section 604-6.1, Hawaii Revised Statutes, is amended to read as follows: "§604-6.1 Jurisdiction of district courts; leased or rented personal property. Jurisdiction is conferred upon the district courts to try all cases resulting from the retention of leased or rented personal property, the value of which does not exceed [$5,000.] $10,000." SECTION 3. Section 633-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) All district courts, except as otherwise provided, shall exercise jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court; provided that the jurisdiction of the court when sitting as a small claims division of the district court shall be confined to: (1) Cases for the recovery of money only where the amount claimed does not exceed [$5,000] $10,000 exclusive of interest and costs, except as provided by section 633‑30; (2) Cases involving disagreement between landlord and tenant about the security deposit in a residential landlord-tenant relationship; and (3) Cases for the return of leased or rented personal property worth less than [$5,000] $10,000 where the amount claimed owed for that lease or rental is less than [$5,000] $10,000 exclusive of interest and costs. This chapter shall not abridge or affect the jurisdiction of the district courts under paragraphs (1) and (3) to determine cases under the ordinary procedures of the court, it being optional with the plaintiff in the cases to elect the procedure of the small claims division of the district court or the ordinary procedures, as provided by rule of court. No case filed in the small claims division after December 31, 1991, shall be removed from the small claims division to be heard under the ordinary procedures of the district court unless the removal is agreed to by the plaintiff. In cases arising under paragraph (2), the jurisdiction of the small claims division of the district court shall be exclusive; provided that the district court, having jurisdiction over a civil action involving summary possession, shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute between landlord and tenant in a residential landlord-tenant relationship. This subsection shall not abrogate or supersede sections 604-5, 633-30, and 633-31." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on January 1, 2023. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 604-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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51	51	"(b) The district courts shall try and determine all actions without a jury, subject to appeal according to law. Whenever a civil matter is triable of right by a jury and trial by jury is demanded in the manner and within the time provided by the rules of court, the case shall be transferred to the circuit court. If the demand is made in the complaint and the matter is triable of right by a jury, the action may be commenced in the circuit court if the amount in controversy exceeds [$5,000.] $10,000."
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53	53	SECTION 2. Section 604-6.1, Hawaii Revised Statutes, is amended to read as follows:
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55	55	"§604-6.1 Jurisdiction of district courts; leased or rented personal property. Jurisdiction is conferred upon the district courts to try all cases resulting from the retention of leased or rented personal property, the value of which does not exceed [$5,000.] $10,000."
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57	57	SECTION 3. Section 633-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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59	59	"(a) All district courts, except as otherwise provided, shall exercise jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court; provided that the jurisdiction of the court when sitting as a small claims division of the district court shall be confined to:
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61	61	(1) Cases for the recovery of money only where the amount claimed does not exceed [$5,000] $10,000 exclusive of interest and costs, except as provided by section 633‑30;
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63	63	(2) Cases involving disagreement between landlord and tenant about the security deposit in a residential landlord-tenant relationship; and
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65	65	(3) Cases for the return of leased or rented personal property worth less than [$5,000] $10,000 where the amount claimed owed for that lease or rental is less than [$5,000] $10,000 exclusive of interest and costs.
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67	67	This chapter shall not abridge or affect the jurisdiction of the district courts under paragraphs (1) and (3) to determine cases under the ordinary procedures of the court, it being optional with the plaintiff in the cases to elect the procedure of the small claims division of the district court or the ordinary procedures, as provided by rule of court. No case filed in the small claims division after December 31, 1991, shall be removed from the small claims division to be heard under the ordinary procedures of the district court unless the removal is agreed to by the plaintiff. In cases arising under paragraph (2), the jurisdiction of the small claims division of the district court shall be exclusive; provided that the district court, having jurisdiction over a civil action involving summary possession, shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute between landlord and tenant in a residential landlord-tenant relationship. This subsection shall not abrogate or supersede sections 604-5, 633-30, and 633-31."
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69	69	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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71	71	SECTION 5. This Act shall take effect on January 1, 2023.
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75	75	INTRODUCED BY: _____________________________
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77	77	INTRODUCED BY:
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85	85	Report Title: Judiciary; Small Claims Division; Jurisdiction Description: Increases the maximum monetary claim and maximum amount for certain cases that may be filed in the small claims division of the district court from $5,000 to $10,000. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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91	91	Report Title:
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93	93	Judiciary; Small Claims Division; Jurisdiction
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97	97	Description:
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99	99	Increases the maximum monetary claim and maximum amount for certain cases that may be filed in the small claims division of the district court from $5,000 to $10,000.
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107	107	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.