[§603-23.5]  Action to enjoin violation of
section 708-871; action for damages.  Any person, firm, private
corporation, or municipal or other public corporation or trade association or
the attorney general or any county attorney, prosecuting attorney, or corporation
counsel may maintain an action to enjoin a continuance of any act in violation
of section 708-871 and if injured thereby for recovery of damages.  If in any
such action the court finds that the defendant is violating or has violated
section 708-871 it shall enjoin the defendant from a continuance thereof.  It
shall not be necessary that actual damages to the plaintiff be alleged or
proved.



Any defendant in any action brought under this
section may be compelled to testify by deposition, or in person before the
court in which the action is brought, and may be examined by the plaintiff as
if on cross-examination, and the plaintiff shall not be bound by the
defendant's testimony; provided that no information so obtained may be used
against the defendant as a basis for a misdemeanor or prosecution under section
708-871.  No proceeding shall be instituted for an injunction unless and until
the plaintiff has notified the defendant of the plaintiff's intention to file
such a proceeding unless the defendant ceases and desists from continuing to
act in violation of section 708-871 such notice to be given at least
forty-eight hours previous to the filing of any action.  No injunction shall
issue in the event that defendant has ceased violating section 708-871 upon the
receipt of such notice, but the giving of such notice or the bringing of an
action under this section shall not prevent the institution or continuance to
completion of a prosecution for misdemeanor under section 708-871. [L 1941, c
220, §2; RL 1945, §11374; RL 1955, §289-15; am L 1963, c 5, §4; HRS §747-17;
ren L 1972, c 9, pt of §1 and am L 1972, c 109, §3; gen ch 1985]



 



Rules of Court



 



  Injunction, see HRCP rule 65.