§128-29  Preliminary or interlocutory
injunctions and temporary restraining orders.  Any provision of law to the
contrary notwithstanding, no preliminary or interlocutory injunction, or
temporary restraining order, suspending, enjoining, or restraining the
enforcement, operation, or execution of, or setting aside, in whole or in part,
on the ground of unconstitutionality or for any other reason or reasons, any
provision of this chapter or any proclamation, order, rule, or regulation
prescribed, made or issued under the authority of this chapter, shall be issued
or granted by any court of the State, or by any judge thereof, unless the
application for the same is presented to a circuit judge, and is heard and
determined by the circuit judge sitting with two other circuit judges, and
unless a majority of the judges concur in granting the application.  When the
application is presented to a judge, the judge shall immediately notify the
chief justice of the supreme court of the State; or in the event of the chief
justice's absence or incapacity or a vacancy in the office, the senior
associate justice, who shall forthwith assign two other circuit judges to sit
with the circuit judge in hearing and determining the application.  The
application shall not be heard or determined before at least five days' notice
of the hearing has been given to the governor, to the attorney general, and to
such other persons as may be defendants or respondents in the suits; provided
that in cases where immediate irreparable damage would otherwise ensue to the
petitioner, the circuit judge to whom the application is made may, after giving
notice to the governor and the attorney general and allowing them an
opportunity to appear, grant a temporary stay or suspension, in whole or in
part, of the operation of the statutory provision, proclamation, order, rule,
or regulation, the stay or suspension to remain in force only until the hearing
and determination of the application for a preliminary or interlocutory
injunction, and in any event for not more than ten days from the date of the
order of the judge, provided further that if the two additional circuit judges
have been assigned to the case, no temporary stay or suspension shall be
ordered unless a majority of the three circuit judges shall concur.  In a case
of the stay or suspension, the order of the judge or judges shall contain a
finding or findings, based upon evidence submitted to the judge or judges and
incorporated in the order by reference thereto, that irreparable damage would
result to the petitioner, and specifying the nature of the damage and why it is
immediate and irreparable.  The three circuit judges assigned to sit in the
case may, upon a like finding and for good cause shown, appearing from reasons
entered of record, continue the temporary stay or suspension for an additional
ten-day period, but for only one such period unless the party against whom the
order is directed consents that it may be extended for a longer period.  The
hearing upon an application for a preliminary or interlocutory injunction shall
be given precedence and shall be in every way expedited and be assigned for
hearing at the earliest practicable day.  If a temporary stay or suspension has
been allowed, the application for a preliminary or interlocutory injunction
shall be set for hearing within five days after the granting of the stay or
suspension.  When the matter comes on for hearing, the party who obtained the
temporary stay or suspension shall proceed with the application for a
preliminary or temporary injunction.  Otherwise the temporary order shall be
dissolved forthwith.  No extension of time shall be granted without the
approval of at least two of the three judges.  Upon the final hearing of any
such suit the same requirement as to judges and the same procedure as to
expedition shall apply. [L 1951, c 268, pt of §2; RL 1955, §359-26; HRS
§128-29; gen ch 1985]



 



Rules of Court



 



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