Hawaii Revised Statutes 661. Actions by and Against the State

PART I. GENERAL PROVISIONS

  • 661-1 Jurisdiction.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-1 Jurisdiction. The several circuit courts of the State and, except as otherwise provided...
  • 661-2 Judgment Against Claimant When.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-2 Judgment against claimant when. Upon the trial of any cause in which any...
  • 661-3 No Jurisdiction, When.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-3 No jurisdiction, when. No person shall file or prosecute under this chapter any...
  • 661-4 Action by Alien, When.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-4 Action by alien, when. Aliens who are citizens or subjects of a government...
  • 661-5 Limitations on Action.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-5 Limitations on action. Every claim against the State, cognizable under this chapter, shall...
  • 661-6 Complaint; Assignments.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-6 Complaint; assignments. The claimant shall, in all cases, in addition to setting forth...
  • 661-7 Claim Forfeited by Fraud.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-7 Claim forfeited by fraud. (a) Any person who intentionally submits a false claim...
  • 661-8 Interest.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-8 Interest. No interest shall be allowed on any claim up to the time...
  • 661-9 Repealed.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-9 REPEALED. L 2004, c 202, §81.
  • 661-10 Actions by State.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-10 Actions by State. Whenever it is necessary or desirable for the State in...
  • 661-11 Tort Claims Against State Where Covered by Insurance.
    Sections 661-1 to 661-12 designated as Part I by revisor. §661-11 Tort claims against State where covered by insurance. This section applies to an...
  • 661-12 Awards of Attorney's Fees Against Agencies.
    Sections 661-1 to 661-12 designated as Part I by revisor. [§661-12] Awards of attorney's fees against agencies. (a) Any law to the contrary notwithstanding,...

PART II. QUI TAM ACTIONS OR RECOVERY OF
FALSE CLAIMS TO THE STATE

Law Journals and Reviews

Plausibility of Notice Pleading: Hawaii's Pleading Standards in the Wake of Ashcroft v. Iqbal. 32 UH L. Rev. 485 (2010).

Ala Loop and the Private Right of Action Under Hawai i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).

Case Notes

Plaintiff's lawsuit against employees' retirement system was obviously cognizable under this chapter as a claim against the State. 75 H. 42, 856 P.2d 1227 (1993).

Trial court erred in granting plaintiffs the right to sue for breach of contract under this chapter where, with respect to the individual beneficiary claims under chapter 674, the language of Act 14, L Sp 1995 merely indicated the legislature's expressed desire for "title-related" claims to be settled in a timely manner. 111 H. 84, 137 P.3d 990 (2006).

Where employees' retirement system trustees were alleging in lawsuit that Act 100, L 1999 was unconstitutional as being violative of article XVI, 2 of the Hawaii constitution, their claims were not "founded upon any statute of the State; or upon any regulation of an executive department; or upon any contract" and were not referred to the court by the legislature; thus, trustees' claims were not cognizable under this chapter, and, therefore, were not subject to the statute of limitations set forth in 661-5. 114 H. 302, 162 P.3d 696 (2007).

Last modified: October 27, 2016