REPORT TITLE:
Attys' Fees; Small Claims


DESCRIPTION:
Excludes the award of attorneys' fees in small claims cases.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1342       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ATTORNEYS' FEES.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 607-14.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  In any civil action in this State where a party seeks
 
 4 money damages or injunctive relief, or both, against another
 
 5 party[,] and the case is subsequently decided, the court [may],
 
 6 as it deems just, may assess against either party[,] and enter as
 
 7 part of its order, for which execution may issue, a reasonable
 
 8 sum for attorneys' fees, in an amount to be determined by the
 
 9 court, upon a specific finding that the party's claim or defense
 
10 was frivolous[.]; provided that in any action brought in the
 
11 small claims division of the district court, no assessment shall
 
12 be awarded."
 
13      SECTION 2.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 3.  This Act shall take effect upon its approval.
 
16 
 
17                           INTRODUCED BY:_________________________