603-21.7 Nonjury cases. The several circuit courts shall have jurisdiction, without the intervention of a jury except as provided by statute, as follows:

(1) Of actions or proceedings:

(A) For the determination and declaration of heirs of deceased persons, which jurisdiction shall be in addition to the probate jurisdiction of the court;

(B) For the admeasurement of dower and curtesy, or the partition of real estate; and

(C) For the enforcement and regulation of the execution of trusts, whether the trusts relate to real or personal estate; for the foreclosure of mortgages; and for the specific performance of contracts; provided that, except when a different provision is made, they shall have original and exclusive jurisdiction of all other cases in the nature of suits in equity, according to the usages and principles of courts of equity; and

(2) Of actions or proceedings in or in the nature of habeas corpus, prohibition, mandamus, quo warranto, and all other proceedings in or in the nature of applications for writs directed to courts of inferior jurisdiction, to corporations and individuals, as may be necessary to the furtherance of justice and the regular execution of the law. [L 1972, c 88, 3(k); am L 2016, c 55, 18]

 

Rules of Court

 

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(a)(7), (f), (g), (h).

Writ of mandamus abolished, exceptions, relief how obtained, see HRCP rule 81.1.

 

Case Notes

 

Criminal nature of act will not prevent injunctive relief where such relief is otherwise appropriate. 52 H. 427, 478 P.2d 320 (1970).

Both circuit court and supreme court have concurrent original jurisdiction in prohibition. 59 H. 224, 580 P.2d 49 (1978).

Granting of equitable relief is within sound discretion of trial court; scope of review of findings of fact. 59 H. 491, 583 P.2d 971 (1978).

Jurisdiction to set aside deed on ground of forgery. 59 H. 648, 586 P.2d 1015 (1978).

District courts have no equity jurisdiction because same is reserved to circuit courts. 9 H. App. 169, 828 P.2d 1287 (1992).

Where petitioners sought a writ of quo warranto challenging an individual's possession of title to office of representative, the circuit court reversibly erred by dismissing the petition for lack of jurisdiction; this section expressly grants the circuit court jurisdiction to entertain such petitions. 133 H. 229 (App.), 325 P.3d 641 (2014).

Cited: 77 H. 251 (App.), 883 P.2d 673 (1994).

 

 

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