§128-29  Preliminary or interlocutoryinjunctions and temporary restraining orders.  Any provision of law to thecontrary notwithstanding, no preliminary or interlocutory injunction, ortemporary restraining order, suspending, enjoining, or restraining theenforcement, operation, or execution of, or setting aside, in whole or in part,on the ground of unconstitutionality or for any other reason or reasons, anyprovision of this chapter or any proclamation, order, rule, or regulationprescribed, made or issued under the authority of this chapter, shall be issuedor granted by any court of the State, or by any judge thereof, unless theapplication for the same is presented to a circuit judge, and is heard anddetermined by the circuit judge sitting with two other circuit judges, andunless a majority of the judges concur in granting the application.  When theapplication is presented to a judge, the judge shall immediately notify thechief justice of the supreme court of the State; or in the event of the chiefjustice's absence or incapacity or a vacancy in the office, the seniorassociate justice, who shall forthwith assign two other circuit judges to sitwith the circuit judge in hearing and determining the application.  Theapplication shall not be heard or determined before at least five days' noticeof the hearing has been given to the governor, to the attorney general, and tosuch other persons as may be defendants or respondents in the suits; providedthat in cases where immediate irreparable damage would otherwise ensue to thepetitioner, the circuit judge to whom the application is made may, after givingnotice to the governor and the attorney general and allowing them anopportunity to appear, grant a temporary stay or suspension, in whole or inpart, of the operation of the statutory provision, proclamation, order, rule,or regulation, the stay or suspension to remain in force only until the hearingand determination of the application for a preliminary or interlocutoryinjunction, and in any event for not more than ten days from the date of theorder of the judge, provided further that if the two additional circuit judgeshave been assigned to the case, no temporary stay or suspension shall beordered unless a majority of the three circuit judges shall concur.  In a caseof the stay or suspension, the order of the judge or judges shall contain afinding or findings, based upon evidence submitted to the judge or judges andincorporated in the order by reference thereto, that irreparable damage wouldresult to the petitioner, and specifying the nature of the damage and why it isimmediate and irreparable.  The three circuit judges assigned to sit in thecase may, upon a like finding and for good cause shown, appearing from reasonsentered of record, continue the temporary stay or suspension for an additionalten-day period, but for only one such period unless the party against whom theorder is directed consents that it may be extended for a longer period.  Thehearing upon an application for a preliminary or interlocutory injunction shallbe given precedence and shall be in every way expedited and be assigned forhearing at the earliest practicable day.  If a temporary stay or suspension hasbeen allowed, the application for a preliminary or interlocutory injunctionshall be set for hearing within five days after the granting of the stay orsuspension.  When the matter comes on for hearing, the party who obtained thetemporary stay or suspension shall proceed with the application for apreliminary or temporary injunction.  Otherwise the temporary order shall bedissolved forthwith.  No extension of time shall be granted without theapproval of at least two of the three judges.  Upon the final hearing of anysuch suit the same requirement as to judges and the same procedure as toexpedition shall apply. [L 1951, c 268, pt of §2; RL 1955, §359-26; HRS§128-29; gen ch 1985]

 

Rules of Court

 

  Section not modifiedby rule of court, see HRCP rule 65(e).