§604-7 - Powers; venue.
§604-7 Powers; venue. (a) The
district courts may:
(1) Administer oaths;
(2) Subpoena and compel the attendance of witnesses
from any part of the State, and compel the production of books, papers,
documents, or tangible things;
(3) Enter final judgments; and alter or set aside any
judgment within ten days following the date of its rendition or as provided by
the rules of court;
(4) Enforce judgments; and punish contempts according
to law;
(5) Issue garnishee summons which may be served and
shall be operative as to the garnishee throughout the State;
(6) In a criminal case, alter, set aside, or suspend
a sentence by way of mitigation or otherwise upon motion or plea of a defendant
made within thirty days after imposition of the sentence.
Every witness duly subpoenaed as provided in
this section shall be allowed the same attendance and mileage fees allowed
witnesses subpoenaed before the circuit courts.
(b) Any document requiring the signature of a
district judge, in any cause or proceeding whatsoever in a district court, may
be signed without, as well as within, the boundaries of the circuit in which
the court is situated.
(c) A summons or other writ issued by a
district court may be served anywhere within the State. A summons or other
writ issued by a district court may be served without the State in accordance
with sections 634-24 and 634-25.
(d) Except as otherwise provided, civil
actions shall be brought in the district court of the judicial circuit in which
the defendant or a majority of the defendants reside or the claim for relief
arose. The venue may be changed or the case transferred as provided by
sections 604-7.3 and 604-7.4.
(e) The several district courts shall have
power to make and award 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 them by law or for the promotion of justice in matters pending
before them. [L 1892, c 57, §12; RL 1925, §2275; am L 1925, c 145, §1; RL 1935,
§3764; am L 1935, cc 23, 110, §1; am L 1937, c 19, §1; RL 1945, §9675; am L
1945, c 80, §2; am L 1951, c 278, §1; am L 1955, cc 40, 197, §1; RL 1955,
§216-6; am L 1957, c 152, §1 and c 246, §1; am L 1963, c 108, §1; HRS §604-7;
am L 1970, c 188, §15; am L 1971, c 144, §3; am L 1975, c 122, §1; am L 1983, c
249, §2; am L 2002, c 8, §1]
Cross References
Witness fees, see §§607-12 and 621-7.
Rules of Court
Altering or setting aside of judgment, see DCRCP rules 59,
60.
Service, see DCRCP rule 4.
Subpoenas, see DCRCP rule 45.
Venue, see DCRCP rules 3, 82.
Law Journals and Reviews
Civil Practice in the Honolulu District Courts—An Outline for
the Young Attorney. 1 HBJ, Oct 1963, at 14.
Contemporary Contempt: The State of the Law in Hawaii. I
HBJ No. 13, at pg. 59.
Case Notes
Formerly police courts had no jurisdiction to issue civil
process to be issued outside of its district. 8 H. 416.
Continuance on return day, presumed made after service. 15
H. 486.
Power to alter final judgment. 24 H. 600, 604. May correct
record to conform to truth. Id. Power to vacate void judgment. 40 H. 302.
Motion for reduction of sentence made two year after
imposition of sentence is not timely made. 50 H. 624, 446 P.2d 559.