ยง607-3 - Court costs, waiver of prepayment, reduction or remission of.
ยง607-3ย Court costs, waiver of prepayment,
reduction or remission of.ย The judges of all the courts of the State shall
have discretionary power to waive the prepayment of costs or to reduce or remit
costs where, in special or extraordinary cases, the cost of any suit, action,
or proceeding may, to the judges, appear onerous. [L 1923, c 101, ยงยง1, 2; RL
1925, ยง2545; RL 1935, ยง3794; am L 1939, c 19, ยง3; RL 1945, ยง9743; RL 1955,
ยง219-3; HRS ยง607-3; am L 1970, c 188, ยง39; am L 1972, c 88, ยง5(b)]
Case Notes
ย Where payment of $275 in fees well exceeded prisoner
petitioner's meager earnings and "savings" and, thus, would be
excessively burdensome, to require the payment of such costs under the
circumstances clearly exceeded "the bounds of reason"; thus, it was an
abuse of discretion for the trial court to deny petitioner's request to proceed
in forma pauperis pursuant to this section.ย 113 H. 315, 151 P.3d 796.
ย In exercising discretion, court may consider movants' estate
or their net worth.ย 2 H. App. 1, 625 P.2d 378.
ย Cited:ย 31 H. 242, 254; 32 H. 385, 386; 35 H. 563, 564, 682;
44 H. 613, 623, 359 P.2d 932.