§603-21.5  General.  (a)  The several
circuit courts shall have jurisdiction, except as otherwise expressly provided
by statute, of:



(1)  Criminal offenses cognizable under the laws of
the State, committed within their respective circuits or transferred to them
for trial by change of venue from some other circuit court;



(2)  Actions for penalties and forfeitures incurred
under the laws of the State;



(3)  Civil actions and proceedings, in addition to
those listed in sections 603-21.6, 603-21.7, and 603-21.8; and



(4)  Actions for impeachment of county officers who
are subject to impeachment.



(b)  The several circuit courts shall have
concurrent jurisdiction with the family court over:



(1)  Any felony under section 571-14, violation of an
order issued pursuant to chapter 586, or a violation of section 709-906 when
multiple offenses are charged through complaint or indictment and at least one
other offense is a criminal offense under subsection (a)(1);



(2)  Any felony under section 571-14 when multiple
offenses are charged through complaint or indictment and at least one other
offense is a violation of an order issued pursuant to chapter 586, a violation
of section 709-906, or a misdemeanor under the jurisdiction of section 604-8;



(3)  Any violation of section 711-1106.4; and



(4)  Guardianships and related proceedings concerning
incapacitated adults pursuant to article V of chapter 560. [L 1972, c 88,
§3(i); am L 1998, c 64, §2; am L 2004, c 18, §2 and c 161, §33; am L 2008, c
107, §2]



 



Revision Note



 



  Subsection (b)(4) redesignated pursuant to §23G-15(1).



 



Cross References



 



  Family court a division of circuit court, see §571-3.



  Jurisdiction of family court, see chapter 571.



 



Rules of Court



 



  Classification of proceedings, see RCC rule 1.



 



Case Notes



 



  Where Congress has not expressly set out exclusive
jurisdiction, state courts are competent to decide federal claims.  437 F.
Supp. 368.



  Where plea of not guilty and demand for jury trial by
defendant charged with a misdemeanor conferred jurisdiction on circuit court,
withdrawal of such plea and of demand for jury trial does not divest circuit
court of jurisdiction.  55 H. 394, 520 P.2d 427.



  Although misdemeanors are normally tried in district court,
such offenses are within jurisdiction of circuit court.  59 H. 92, 576 P.2d
1044.



  Court has jurisdiction over all civil causes of action unless
precluded by state constitution or statute.  63 H. 55, 621 P.2d 346.



  Regardless of whether a jury trial is demanded, circuit court
may properly exercise jurisdiction over DUI cases; both the circuit and
district courts have concurrent jurisdiction over DUI cases.  78 H. 367, 893
P.2d 795.



  Circuit court had jurisdiction under this section to consider
attorney general's request for declaratory judgment and related injunctions
regarding proposed constitutional amendments where not precluded by Hawaii
constitution or other statute.  84 H. 179, 932 P.2d 316.



  Circuit court had subject matter jurisdiction over the case
where county's first amended complaint asserted jurisdiction pursuant to this
section, which provided the independent jurisdictional basis for the action
brought pursuant to §603-23.  115 H. 15, 165 P.3d 916.



  As the doctrine of abatement did not apply, the trial court
did not lack subject matter jurisdiction over the second condemnation
proceeding because the first condemnation proceeding had not been resolved at
the time the second condemnation proceeding was adjudicated by the court.  119
H. 352, 198 P.3d 615.



  Circuit court was statutorily authorized, in aid of its
original jurisdiction over mortgage foreclosure actions, to enter appropriate
orders against successful bidder at a judicial foreclosure sale after
successful bidder defaulted on agreement to purchase the mortgaged property at
the foreclosure sale.  96 H. 348 (App.), 31 P.3d 205.



  Relevant statutes, rules, and precedent did not permit wife
to directly attack in circuit court the validity of the property and
distribution part of the divorce decree; circuit court did not have subject
matter jurisdiction to do what wife must have had done to obtain the relief
wife sought; pursuant to §§580-1 and 580-47, only the family court could have
granted that relief.  101 H. 370 (App.), 68 P.3d 644.



 



Decisions under prior law.



  Power of judge to determine jurisdiction.  21 H. 539.



  Par. (1).  Construed in relation to a specific provision
conferring jurisdiction on district magistrates.  17 H. 353.



  Par. (2).  "Forfeiture" construed in relation to
action for summary possession.  43 H. 281.



  Par. (3).  See note appended to c 641, pt II.



  The following cases decided before adoption of the Hawaii
Rules of Civil Procedure:  Accounting, jurisdiction at law as compared with
equity.  19 H. 359; 19 H. 585, 593.  See also 37 H. 111, 124.