Report Title:
District Court; Jurisdiction
Description:
Increases the amount over which the District Court has jurisdiction in civil cases from $20,000 to $30,000. Effective July 1, 2020. (SB2785 HD1)
|
THE SENATE |
S.B. NO. |
2785 |
|
TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 1 |
|
|
STATE OF HAWAII |
H.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO DISTRICT COURT JURISDICTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 604-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided, the
district courts shall have jurisdiction in all civil actions where the debt,
amount, damages, or value of the property claimed does not exceed [$20,000,]
$30,000, except in civil actions involving summary possession or
ejectment, in which case the district court shall have jurisdiction over any
counterclaim otherwise properly brought by any defendant in the action if the
counterclaim arises out of and refers to the land or premises the possession of
which is being sought, regardless of the value of the debt, amount, damages, or
property claim contained in the counterclaim. Attorney's commissions or fees,
including those stipulated in any note or contract sued on, interest, and
costs, shall not be included in computing the jurisdictional amount. Subject
to subsections (b) and (c), jurisdiction under this subsection shall be
exclusive when the amount in controversy, so computed, does not exceed
$10,000. The district courts shall also have original jurisdiction of suits
for specific performance when the fair market value of such specific
performance does not exceed $20,000 and original jurisdiction to issue
injunctive relief in residential landlord-tenant cases under chapter 521."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2020.