[603-23.5] Action to enjoin violation of section 708-871; action for damages. Any person, firm, private corporation, or municipal or other public corporation or trade association or the attorney general or any county attorney, prosecuting attorney, or corporation counsel may maintain an action to enjoin a continuance of any act in violation of section 708-871 and if injured thereby for recovery of damages. If in any such action the court finds that the defendant is violating or has violated section 708-871 it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved.

Any defendant in any action brought under this section may be compelled to testify by deposition, or in person before the court in which the action is brought, and may be examined by the plaintiff as if on cross-examination, and the plaintiff shall not be bound by the defendant's testimony; provided that no information so obtained may be used against the defendant as a basis for a misdemeanor or prosecution under section 708-871. No proceeding shall be instituted for an injunction unless and until the plaintiff has notified the defendant of the plaintiff's intention to file such a proceeding unless the defendant ceases and desists from continuing to act in violation of section 708-871 such notice to be given at least forty-eight hours previous to the filing of any action. No injunction shall issue in the event that defendant has ceased violating section 708-871 upon the receipt of such notice, but the giving of such notice or the bringing of an action under this section shall not prevent the institution or continuance to completion of a prosecution for misdemeanor under section 708-871. [L 1941, c 220, 2; RL 1945, 11374; RL 1955, 289-15; am L 1963, c 5, 4; HRS 747-17; ren L 1972, c 9, pt of 1 and am L 1972, c 109, 3; gen ch 1985]


Rules of Court


Injunction, see HRCP rule 65.



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