Highest Court
The highest court in Hawaii is the Supreme
Court of Hawaii. The Supreme Court consists of 5 justices. It has
jurisdiction over (1) Mandatory jurisdiction in civil, criminal, administrative
agency, juvenile, disciplinary, certified questions from federal courts,
and original proceeding cases. (2) Discretionary jurisdiction in civil,
criminal, administrative agency, juvenile, original proceeding, and interlocutory
decision cases.
Intermediate Courts
Intermediate Court of Appeals
The Intermediate Court of Appeals
consists of 4 judges. It has jurisdiction over (1) Mandatory jurisdiction
in civil, criminal, administrative agency, juvenile, original proceeding,
and interlocutory decision cases assigned to it by the supreme court.
General Courts
Circuit Court and Family Court
The Circuit Court and Family Court
consist of 29 judges and 16 district family judges.. It has jurisdiction
over (1) Tort, contract, real property rights, miscellaneous civil ( $5,000/no
maximum [concurrent from $5,000-10,000]). Exclusive domestic relations,
mental health, estate, administrative agency appeals jurisdiction. (2)
Felony, misdemeanor, DWI/DUI, miscellaneous criminal. (3) Moving traffic,
miscellaneous traffic. (4) Exclusive juvenile jurisdiction.
No jury trials are overseen by this court.
Limited Courts
District Court
The District Court consists of 22
judges. It has jurisdiction over (1) Tort, contract, real property rights
($0/10,000) [concurrent from $5,000-10,000 (civil noninjury)], miscellaneous
civil. Exclusive small claims jurisdiction ($3,500). (2) Felony, misdemeanor,
and DWI/DUI. (3) Moving traffic and miscellaneous traffic. Exclusive parking
and ordinance violation jurisdiction. (4) Preliminary hearings.
No jury trials are overseen by this court.
Additional Information
Supreme court law library revolving fund.
Section 601-3.5 of the Hawaii Revised
Statutes establishes a revolving fund for the statewide supreme court law
library system. All fines, fees, and other forms of revenue that
stem from the system's operation shall be deposited into this fund.
This money shall be used to replace or repair lost, damaged, stolen, unreturned,
or outdated books, serials, periodicals, and other library materials.
This money may also be used to support and improve library services.
Separate sessions at same time.
In accordance of Section 603-11
(Hawaii Revised Statutes) there may be one session of the circuit court
of any circuit, or separate sessions of the court at the same time, each
of which may be held by one, but not more than one, of the judges of the
circuit court of that circuit or any other circuit judge who may be authorized
to preside in that circuit. Judgments, decrees, orders, and proceedings
of any session held by any one of the judges shall be as effective as if
only one session was held at a time.
Courts of record; testimony and
proceedings
Section 604-17 of Hawaii's Revised
statutes assigns the district courts as the courts of record. The
district course shall have the responsibility of preserving the minutes,
proceedings, and testimony of trials, transactions, and judgments, and
the facts on which decisions were based. This information may be
recorded on tape, in writing, or any other appropriate mechanical device.
License fee (Hawaii Revised Statutes
Section 605-5).
Every practitioner upon receiving
a license shall submit to the clerk of the supreme court $10 for the benefit
of the State.
Unauthorized practice of law
prohibited (Hawaii Revised Statutes Section 605-14).
It is against the law for any person,
firm, association, or corporation to actively or appear to be engaging
in the practice of law or doing any act constituting the practice of law.
An exception will be made to the person, firm, or association that has
received a license or authorization by an appropriate court, agency, office,
or by a statute of Hawaii or the United States. Nothing in sections 605-14
to 605-17 contained shall be construed to prohibit the preparation or use
by any party to a transaction of any legal or business form or document
used in the transaction.
§ 606-5. Free copies of
certain decrees to veterans.
Any veteran of the Armed Forces
of the United States, the veteran's spouse, any member of the immediate
family, or next of kin of a deceased veteran may obtain a free copy of
a divorce decree or adoption decree if required for a claim based on service
in the Armed Forces of the United States. This decree will be provided
by the clerk of any state court.
§ 662-3. Jurisdiction.
Except where noted in a statute
or ruling, the circuit courts and the state district courts shall have
original jurisdiction on all tort actions regarding claims against Hawaii.
These claims are for money damages (accruing on and after July 1, 1957),
injury or loss of property, personal injury, or death caused by the negligent
or wrongful act or omission of an employee of the state of Hawaii while
acting within the scope of his office or employment.
