Bill Text: HI SB779 | 2016 | Regular Session | Introduced
Bill Title: District Courts; Civil Actions; Jurisdiction; Specific Performance
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB779 Detail]
Download: Hawaii-2016-SB779-Introduced.html
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THE SENATE |
S.B. NO. |
779 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to courts.
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 $40,000,
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]
$40,000 and original jurisdiction to issue injunctive relief in
residential landlord-tenant cases under chapter 521."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
District Courts; Civil Actions; Jurisdiction; Specific Performance
Description:
Raises the district courts' jurisdictional limit for civil actions involving specific performance.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
