Report Title:

Appellate Jurisdiction

 

Description:

Authorizes immediate appeals from certain court orders regarding injunctions and denials of sovereign immunity.  (HB1035 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1035

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO APPEALS.

 

 

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

 

     SECTION 1.  Section 641-1, Hawaii Revised Statutes, is amended to read as follows:

     "§641-1  Appeals as of right or interlocutory, civil matters.  (a)  Appeals shall be allowed in civil matters from all final judgments, orders, or decrees of circuit and district courts and the land court to the intermediate appellate court, subject to chapter 602.

     (b)  [Upon application made within the time provided by the rules of court,] Except for interlocutory appeals as a matter of right as provided in subsection (c), an appeal in a civil matter may be allowed by a circuit court in its discretion from an order denying a motion to dismiss or from any interlocutory judgment, order, or decree whenever the circuit court may think the same advisable for the speedy termination of litigation before it.  The refusal of the circuit court to allow an appeal from an interlocutory judgment, order, or decree shall not be reviewable by any other court.

     (c)  Appeals shall be allowed from interlocutory orders of the circuit courts and the district courts that deny motions seeking dismissal or judgment for the movant based upon sovereign immunity.

     [(c)] (d)  An application to the circuit court to permit an interlocutory appeal under subsection (b) and any appeal shall be taken in the manner and within the time provided by the rules of court."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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  Statutory material to be repealed is bracketed and stricken.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, 2046.