National Center for State Courts

 

Improving Justice through Leadership
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Hawaii Mass Tort Survey

    

 

   

Mass Tort
Hawaii
Survey Results



Tracking and/or reporting of mass tort cases

None known.

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Definition of "mass tort"

None known.

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Procedural rules

Hawaii Rules of Civil Procedure 23. Class Actions. Standard Class Action Rule.


Hawaii Rules of Civil Procedure 16. Pre-trial conferences; scheduling; management.


Hawaii Arbitration Rules. Matters subject to arbitration include all tort cases having a probable jury award value below $150,000, but any other civil case may be submitted to the program upon agreement of all parties and approval of arbitration judge.


Hawaii Rules of Appellate Procedure Rule 3. Defines how appeals may be taken in class actions.

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Statutes

Hawaii Revised Statute § 633-27. District Courts; Powers. Prohibits class actions in district courts.

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Case law

Akau v. Olohana Corp., 65 Haw. 383. Prerequisites for class actions are outlined, particularly with regard to the lower standard of specificity in defining a class are lower in Haw. R. Civ. P. 23(b)(2) than for Haw. R. Civ. P. 23(b)(3) actions.

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Administrative orders

See Circuit Court Administrative Orders, v. I, Civil Administrative Orders.


Civil Admin. Order No. 13
. Captions in Complex Litigation. 

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Interlocutory appeal

Notice of appeal must specify whether the decision below was final or interlocutory. (See Form 1. Notice of Appeal to the Supreme Court and Intermediate Court of Appeals from a Judgment, Order or Decree of a Circuit/District/Family/Land/Tax Court.)

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Infrastructure: special dockets

The Hawaii Appellate Conference Program (Conference) was formed to provide an alternative means for resolving civil appeals. The Conference provides parties with a forum and process to realistically consider settlement of the entire case or particular issues; discuss limiting and simplifying issues on appeal; discuss briefing schedules, content of the record, and other matters; take actions to reduce costs; and "aid the speedy and just resolution of any case." All civil appeals are included in the program (exceptions include habeas, juvenile adjudications, terminations of parental rights, etc.) In cases selected for a conference, participation is mandatory.

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Infrastructure: task forces, commissions, or other policy-level bodies

None known.

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Case management

All cases filed in the district court are classified as civil, small claims, special proceedings, criminal, or traffic. Hawaii Rules of the Circuit Courts, R. 1. Classification of proceedings.

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Technology

In 2003 the judiciary began implementing a statewide Justice Information Management System. The project will unify all state courts through a single database; provide increased online access to court information; and enable e-filing.

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Last Modified: 8/28/2006 5:46:52 PM

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