§480-22  Judgment in favor of the State as
evidence in private action; suspension of limitation.  (a)  A final
judgment or decree rendered in any civil or criminal proceeding brought by the
State under this chapter shall be prima facie evidence against the defendant in
any action or proceeding brought by any other party under this chapter, or by
the State, county, or any of its political subdivisions or governmental
agencies, under section 480-14, against the defendant as to all matters
respecting which the judgment or decree would be an estoppel between the
parties thereto.  This section shall not apply to consent judgments or decrees
entered before any complaint has been filed; provided that when a consent
judgment or decree is filed, the attorney general shall set forth at the same
time the alleged violations and reasons for entering into the consent judgment
or decree.  No consent judgment or decree that is entered before any complaint
has been filed shall become final until sixty days from the filing of the
consent judgment or decree or until the final determination of any exceptions
filed, as hereinafter provided, whichever is later.  During the sixty-day
period any interested party covered under section 480-13 may file verified
exceptions to the form and substance of the consent judgment or decree, and the
court, upon a full hearing thereon may approve, refuse to approve, or may
modify the consent judgment or decree.



(b)  A plea of nolo contendere and a final
judgment or decree rendered pursuant to that plea in any criminal action under
this chapter shall not be admissible against the defendant in any action or
proceeding brought by any other party under this chapter, or by the State,
county, or any of its political subdivisions or governmental agencies, under
section 480-14 against the defendant.



(c)  Whenever any civil or criminal proceeding
is instituted by the State to prevent, restrain, or punish violations of this
chapter, but not including an action under section 480-14, the running of the
statute of limitations in respect of every private right of action arising
under the laws and based in whole or in part on any matter complained of in the
proceeding shall be suspended during the pendency thereof and for one year
thereafter. [L 1961, c 190, §20; Supp, §205A-20; HRS §480-22; am L 1981, c 181,
§1; am L 2001, c 79, §3; am L 2008, c 19, §7]



 



Rules of Court



 



  Applicability of Hawaii Rules of Civil Procedure, see HRCP
rule 81(b)(12).