|
THE SENATE |
S.B. NO. |
214 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to the small claims division of the district court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to establish the exclusive jurisdiction of the small claims division of the district court over cases in which the amount claimed is $1,000 or less and to make clarifying and housekeeping amendments.
SECTION 2. Section 633-27, Hawaii Revised Statutes, is amended to read as follows:
"§633-27 District courts; powers. (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 is more than $1,000 but does not exceed $5,000
exclusive of interest and costs, except as provided by section 633‑30;
(2) Cases for the recovery of money where the amount claimed is $1,000 or less exclusive of interest and costs;
[(2)] (3) Cases involving disagreement
between landlord and tenant about the security deposit in a residential
landlord-tenant relationship; and
[(3)] (4) Cases for the return of [leased
or rented] personal property worth [less than] $5,000 [where the
amount claimed owed for that lease or rental is less than $5,000 exclusive of
interest and costs.] or less.
(b) This chapter shall not abridge or
affect the jurisdiction of the district courts under [paragraphs (1) and (3)]
subsection (a)(1) and (4) 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.
(c) 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.
(d) In cases arising under [paragraph
(2),] subsection (a)(2) or (3), 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,] a residential landlord-tenant relationship, 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.
[(b)] (e) Actions shall be
commenced in the small claims division of the district court of the judicial
circuit in which the defendant or a majority of the defendants reside or the
claim for relief arose, unless service cannot be made on all of the defendants
in that circuit, in which case action may be commenced in any circuit in which
all of the defendants can be served; provided that actions arising under [paragraph
(2) of] subsection [(a)] (a)(3) [of this section] shall
be commenced in the circuit wherein the rental premises are situated.
[(c)] (f) The small claims
division of the district court may grant monetary relief and equitable relief
except that:
(1) Monetary relief shall not include punitive damages; and
(2) Except as specifically provided in section 633-8, equitable relief shall be granted only as between parties to a landlord-tenant disagreement pursuant to chapter 521, and shall be limited to orders to repair, replace, refund, reform, and rescind.
[(d)] (g) Class actions are
prohibited in the small claims division of the district 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, 2016.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Small Claims Division of the District Court; Jurisdiction
Description:
Establishes the exclusive jurisdiction of the small claims division of the district court over cases in which the amount claimed is $1,000 or less. Expands the small claims division's jurisdiction over personal property cases to include any personal property worth $5,000 or less.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.