§603-21.9  Powers.  The several circuit
courts shall have power:



(1)  To make and issue all orders and writs necessary
or appropriate in aid of their original or appellate jurisdiction;



(2)  To administer oaths;



(3)  To compel the attendance of parties and witnesses
from any part of the State, and compel the production of books, papers,
documents or tangible things;



(4)  To admit to bail persons rightfully confined in
all bailable cases, or to dispense with bail as provided by the State
Constitution;



(5)  To issue warrants for the apprehension, in any
part of the State, of any person accused under oath of a crime or misdemeanor
committed in any part of the State and to examine and commit the person to
prison according to law, for trial before the circuit court of the circuit in
which the offense was committed, to fix bail and generally to perform the
duties of a committing magistrate;



(6)  To make and award such judgments, decrees,
orders, and mandates, issue such executions and other processes, and do such other
acts and take such other steps as may be necessary to carry into full effect
the powers which are or shall be given to them by law or for the promotion of
justice in matters pending before them. [L 1972, c 88, §3(m)]



 



Rules of Court



 



  Writ of mandamus abolished, exceptions, relief how obtained,
see HRCP rule 81.1.



 



Law Journals and Reviews



 



  Contemporary Contempt:  The State of the Law in Hawaii.  I
HBJ No. 13, at pg. 59.



  The Inherent Power of the Hawaii Judiciary to Sanction
Litigants and Their Lawyers.  V HBJ No. 13, at pg. 45.



 



Case Notes



 



  Court, under power as supervisor over grand jury proceedings,
issued an overbroad order when it disqualified all assistant prosecutors
because prosecuting attorney was disqualified.  57 H. 289, 554 P.2d 1131.



  Court had authority to enter judgment against defendant for
violating court order.  68 H. 608, 726 P.2d 254.



  Though court has inherent power to issue sanctions under this
section, court abused discretion in sanctioning attorney absent evidence of bad
faith conduct.  79 H. 452, 903 P.2d 1273.



  Trial court's order that attorneys disgorge proceeds of sale
of stock received from defendant as payment of attorneys' fees promoted justice
in matter pending by preserving trial court's authority and ability to grant
plaintiff effective relief by maintaining the relative status quo regarding
defendant's alleged assets; hence, no abuse of discretion.  91 H. 372, 984 P.2d
1198.



  Under paragraph (6), an attorney whose pro hac vice status
has been revoked can be compelled to notify Hawaii courts in future
applications of such a revocation.  91 H. 372, 984 P.2d 1198.



  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.



  Section restates inherent powers doctrine; finding of bad
faith necessary precedent to sanction of attorney's fees under court's inherent
powers.  6 H. App. 431, 726 P.2d 268.



  Court had authority pursuant to this section to sanction
attorney for failure to keep court apprised of whereabouts as instructed;
appellant must be accorded proper due process rights under this section.  9 H.
App. 249, 833 P.2d 85.



  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.



  A represented party is entitled to at least the same
protections as his or her counsel prior to the levy of sanctions directly
against the party; a court may not invoke its inherent powers to sanction a
represented party without a specific finding of bad faith and the court's order
must inform the party of the authority pursuant to which he or she is being
sanctioned; where there were no such findings, and based on review of the
entire record, plaintiff's conduct in conjunction with the renewed motion for
consolidation did not constitute and was not tantamount to bad faith, trial
court abused its discretion when it sanctioned plaintiff.  119 H. 324 (App.),
197 P.3d 776.



  Mentioned:  795 F. Supp. 1009.



 



Decisions under prior law.



  Power to appoint masters, examiners, auditors, translators. 
33 H. 220; see also 22 H. 459, 463.  But see, divorce:  6 H. 128, cited 27 H.
230, 231; 44 H. 442, 355 P.2d 33.



  Under the terms of this section a circuit court may issue a
writ of possession in a statutory action to quiet title although the statute
under which such action is brought does not specifically authorize such writ. 
14 H. 365, 373.  Exclusion of witness from courtroom and prevention of
testimony of witness disobeying rule excluding witness, within discretion of
trial judge.  39 H. 93.



  Power to call witnesses and control litigation.  24 H. 689,
694.  See 24 H. 768, 772; 27 H. 491, 502; 44 H. 82, 352 P.2d 611.  But see 50
H. 287, 439 P.2d 666.



  No jurisdiction to hold extra-territorial sessions in term
cases.  46 H. 197, 377 P.2d 609.