Report Title:

APPELLATE JURISDICTION

Description:

Authorizes immediate appeals from certain orders regarding injunctions and from denials of sovereign, absolute, or qualified immunity.

HOUSE OF REPRESENTATIVES

H.B. NO.

2380

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO APPELLATE JURISDICTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to authorize immediate appeals from certain orders regarding injunctions and from denials of sovereign, absolute, or qualified immunity, assuming such appeals were not already authorized or allowed.

SECTION 2. Chapter 641, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§641-___ Appeals from orders regarding injunctions and from denials of sovereign, absolute, or qualified immunity.

(a) Notwithstanding any other law to the contrary, appeals subject to chapter 602 shall be allowed from interlocutory orders of circuit courts and the land court granting, continuing, modifying, refusing, or dissolving injunctions, or refusing to dissolve or modify injunctions. If such an appeal is taken, the circuit court or land court retains jurisdiction over the matter, allowing it to grant, continue, modify, refuse, or dissolve injunctions pending the outcome of the appeal.

(b) Notwithstanding any other law to the contrary, appeals subject to chapter 602 shall be allowed from orders, interlocutory or otherwise, of circuit and district courts and the land court denying motions seeking dismissal, or judgment for the movant, based upon sovereign immunity or absolute or qualified immunity."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST