REPORT TITLE:
Attorney fees/small claims


DESCRIPTION:
Limiting the amount of attorney fees awardable for frivolous
claims in small claims court.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO COSTS AND FEES.



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

 1      SECTION 1.  Section 607-14.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  In any civil action in this State where a party seeks
 
 4 money damages or injunctive relief, or both, against another
 
 5 party, and the case is subsequently decided, the court may, as it
 
 6 deems just, assess against either party, and enter as part of its
 
 7 order, for which execution may issue, a reasonable sum for
 
 8 attorneys' fees, in an amount to be determined by the court upon
 
 9 a specific finding that the party's claim or defense was
 
10 frivolous[.] ; provided that in any action brought in the small
 
11 claims division of the district court, the assessment shall not
 
12 exceed the amount of judgment, or the amount of the claim if the
 
13 defendant obtains judgment."
 
14      SECTION 2.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 3.  This Act shall take effect upon its approval.
 
17 
 
18                           INTRODUCED BY:  _______________________