THE SENATE

S.B. NO.

143

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO THE HAWAII CONSTITUTION TO CHANGE THE THRESHOLD VALUE IN CONTROVERSY REQUIREMENT FOR JURY TRIALS IN CIVIL CASES AT COMMON LAW FROM $5,000 TO $10,000.

 

 

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

 


     SECTION 1.  The purpose of this Act is to propose an amendment to article I, section 13, of the Constitution of the State of Hawaii to increase the threshold value in controversy requirement for jury trials in civil cases at common law from $5,000 to $10,000.

     SECTION 2.  Article I, section 13, of the Constitution of the State of Hawaii is amended to read as follows:

"TRIAL BY JURY, CIVIL CASES

     Section 13.  In suits at common law where the value in controversy shall exceed [five] ten thousand dollars, the right of trial by jury shall be preserved.  The legislature may provide for a verdict by not less than three-fourths of the members of the jury."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

"Shall the threshold value in controversy requirement for jury trials in civil cases at common law be increased from $5,000 to $10,000?"

     SECTION 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.


 


 

Report Title:

Constitutional Amendment; Suits at Common Law; Jury Trial; Value in Controversy

 

Description:

Proposes an amendment to article I, section 13, of the Hawaii Constitution to increase the threshold value in controversy requirement for jury trials in civil cases at common law from $5,000 to $10,000.  (SB143 HD1)

 

 

 

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