Hawaii Revised Statutes 659. Quo Warranto

  • 659-1 Definition.
    This is an order issuing in the name of the State by a circuit court and directed to a person who claims or usurps...
  • 659-2 Against Corporations, by Attorney General.
    It may also be granted upon the application of the attorney general against individuals acting as a corporation without being legally incorporated. [L 1876,...
  • 659-3 Forfeiture of Franchise.
    The several circuit courts shall have jurisdiction of all proceedings in, or in the nature of, quo warranto, brought by or in the name...
  • 659-4 Petition.
    The order is obtained by petition addressed to a circuit court, setting out facts sufficient to show a right to the order, and sworn...
  • 659-5 Answer.
    The person to whom the order is directed shall file the person's answer in writing, within the time limited by the order as determined...
  • 659-6 Judgment As to Offices; Burden of Proof.
    If a person to whom an order is directed with respect to an office of which the person performs the duties does not answer...
  • 659-7 Judgment According to Nature of Complaint.
    In all cases contemplated by sections 659-1 to 659-9, judgment shall be given according to the nature of the complaint made. [L 1876, c...
  • 659-8 Service.
    The writ or order shall be served in the same manner as is provided by the rules of court with respect to process in...
  • 659-9 Corporations Not Liable to Writ, When.
    Where the legislature has granted to a corporation the right to determine the validity of the elections of its members or officers, a writ...
  • 659-10 Other Actions.
    Nothing in this chapter shall preclude the obtaining of relief available by quo warranto by other appropriate action. [L 1972, c 90, ยง3(i); HRS...

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(4).

Case Notes

Relief previously available by mandamus may be obtained by appropriate action under the civil rules of procedure. 54 H. 274, 506 P.2d 8.

Trial court properly dismissed quo warranto petition against Maui corporation counsel as moot. 73 H. 223, 832 P.2d 253.

Last modified: October 27, 2016