§603-37  Change of venue.  After the
parties shall have had an opportunity to be heard, any circuit court may, upon
satisfactory proof that a fair and impartial trial cannot be had in any civil
case pending in the court, or, in its discretion, upon satisfactory proof that
it would be more fair and equitable to the parties thereto if any civil case
pending in the court were heard in another jurisdiction, change the venue to
some other circuit and order the record to be transferred thereto; provided
that any circuit court may, in its discretion, upon the consent of all the
parties to any civil case pending in the court, change the venue to some other
circuit court and order the record to be transferred thereto. [L 1892, c 57, pt
of §36; am L 1903, c 32, pt of §10; am L 1921, c 157, pt of §1; RL 1925, pt of
§2247; RL 1935, pt of §3643; RL 1945, pt of §9647; RL 1955, pt of §215-17; am L
1957, c 195, §1; HRS §603-37; am L 1972, c 88, §3(p)]



 



Rules of Court



 



  Hawaii Rules of Civil Procedure do not extend or limit
jurisdiction or venue, see HRCP rule 82.



 



Case Notes



 



  Change of venue and discretion therein.  9 H. 360; 11 H. 314,
317; 20 H. 7, 11; in ejectment, 19 H. 336; 31 H. 65.



  Where action is brought in wrong circuit, this section cannot
be used as a remedy to transfer case to proper circuit.  47 H. 271, 386 P.2d
880.