Hawaii Revised Statutes, Chapter 607 — Costs and Fees

Division 4. Courts and Judicial Proceedings — Title 32. Courts and Court Officers

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 4 Courts and Judicial Proceedings

Title 32 Courts and Court Officers

Chapter 607 Costs and Fees

§607-1 Power of supreme court with respect to costs and fees

The supreme court shall have power by rule of court, from time to time, to revise, amend, add to, or eliminate any of the items of costs and fees provided in this chapter, to prescribe such costs and fees as it deems reasonable in all cases not therein provided for, and to prescribe the amount to be paid in advance to the clerk of any court in any proceeding on account of the costs and fees. All fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data shall be deposited into the judiciary computer system special fund.

[CC 1859, §1282; RL 1925, §2554; RL 1935, §3803; am L 1935, c 55, §1; RL 1945, §9741; RL 1955, §219-1; HRS §607-1; am L 1974, c 145, §5; am L 2004, c 230, §§3, 6; am L 2006, c 21, §1; am L 2011, c 60, §2]

§607-1.5 Court interpreting services revolving fund

(a) There is established in the state treasury the court interpreting services revolving fund, into which shall be deposited:

(1) Fees, charges, and other moneys collected for programs relating to interpreter issues and training, screening, testing, and certification of court interpreters;

(2) All moneys received from public or private sources for the purposes of this fund; and

(3) Any interest accrued or investment earnings realized that are attributable to the moneys in the revolving fund.

(b) Moneys in the court interpreting services revolving fund shall be administered and expended by the administrative director of the courts to support the court interpreting services program's educational services and the program's activities relating to the training, screening, testing, and certification of court interpreters.

[L 2005, c 184, §1]

§607-2 Fees to be accounted for

With the exception of fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data, which shall be deposited into the judiciary computer system special fund, and fees intended to reimburse officers for actual expenditures made by them, all judges', clerks', sheriffs', and deputy sheriffs' fees provided for in this chapter and accruing from any action pending in any court shall be deposited to the credit of the general fund of the State.

[CC 1859, pt of §1281; am L 1907, c 62, §1; RL 1925, §2555; RL 1935, §3804; RL 1945, §9742; am L 1945, c 57, §1; RL 1955, §219-2; am L 1965, c 97, §15; HRS §607-2; am L 1970, c 188, §28; am L 1972, c 88, §5(a); am L 1979, c 105, §60; am L 1989, c 211, §10; am L 1990, c 281, §§6, 11; am L 2004, c 230, §§4, 6; am L 2006, c 21, §1; am L 2011, c 60, §3]

§607-2.5 Exemption of costs and fees

Persons subject to domestic abuse, abuse of family or household members, stalking, or sexual assault shall be exempt from paying the costs and fees prescribed in this chapter in connection with filing, issuance, registration, or service of a protection order, or a petition for a protection order, warrant, or witness subpoena issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person. For purposes of this section, the term "protection order" means any temporary or final order of protection, a restraining order, or an injunction involving domestic abuse, abuse of family or household members, stalking, or sexual assault issued by a civil or criminal court, other than a support or custody order.

[L 2003, c 65, §1]

§607-3 Court costs, waiver of prepayment, reduction or remission of

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, §§1, 2; RL 1925, §2545; RL 1935, §3794; am L 1939, c 19, §3; RL 1945, §9743; RL 1955, §219-3; HRS §607-3; am L 1970, c 188, §39; am L 1972, c 88, §5(b)]

§607-3.5 Security for costs

The several courts shall have power to require either the plaintiff or defendant, upon the application of the opposite party, to give security for costs in any civil cause, upon such terms and conditions as the court deems just.

[L 1972, c 88, §5(c)]

§607-4 District court costs

(a) The fees prescribed by subsection (b) shall be paid to the clerk of the district court as costs of court by the person instituting the action or proceeding, or offering the paper for filing, or causing the document to be issued or the services to be performed in the district court; provided that nothing in subsection (b) shall apply to cases of adults charged with commission of a crime, or minors referred to the district court by the family court; provided further that for the purposes of subsection (b), "judgment" includes an order from which an appeal lies; and provided further that the fees prescribed by subsection (b)(10) shall be deposited by the clerk of the district court into the judiciary computer system special fund pursuant to section 601-3.7. One-half of the fees collected pursuant to paragraphs (7), (8), and (9) of subsection (b) also shall be deposited into the fund.

(b) The fees referred to in subsection (a) are:

(1) Except for petitions for temporary restraining order under section 604-10.5, the fee for which shall be the same as that provided in section 607-5(b)(20), for the institution of each action or proceeding, to include all charges except as provided by paragraphs

(2) to (6)...................................... $100

(2) Intervention; answer containing one or more cross-claims or counterclaims; third-party complaint, for each such matter $10

(3) Demand for jury trial.................. Fee prescribed

by section 607-5

(4) Filing of notice of appeal, to be paid in addition to the deposit of appellate court costs................. $100

(5) Making of a copy; comparing of copy with

original............. Fees prescribed by section 92-21

(6) Posting notice; service fees; garnishee fees; mileage charges; or other services actually

performed.................. Amounts necessary to cover

actual costs or disbursements

(7) Administrative costs associated with the

processing of traffic citations that involve

stopping (when prohibited), standing,

or parking.................. $10 for each violation in

addition to any fine imposed by

the court, and whether or

not such fine is suspended

(8) Administrative costs associated with the processing of traffic citations which do not involve stopping, standing, or parking............................ $40 for each violation in

addition to any fine imposed

by the court, and whether or

not such fine is suspended

(9) Administrative costs associated with the processing of traffic citations issued for violations of a statute or ordinance relating to vehicles or their drivers, or owners, except those as provided by paragraphs (7) and

(8)......................... $30 for each violation in

addition to any fine imposed

by the court, and whether or

not such fine is suspended

(10) Administrative costs associated with the processing of all civil filings except those brought by the State or any of the various counties and political subdivisions of the State, those commenced by a petition for temporary restraining order under section 604-10.5, and those commenced and conducted in the small claims division of the district court....... $20.

(c) The court, in taxing costs, may assess not only the costs of court, but also all reasonable disbursements as provided by section 607-9.

(d) Fees of sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 shall be as provided under section 607-8(a).

(e) Anything in this section or any other law to the contrary notwithstanding, when any process or subpoena is served by a subordinate of the sheriff or chief of police, it shall be illegal for the sheriff or chief of police, (1) if and so long as the sheriff or chief of police is being paid a salary by the State or the county to receive or collect from such subordinate any portion of the fees, mileage, or other expenses collected by such subordinate, or (2) if and so long as the sheriff or chief of police is not being paid any such salary, to collect or receive from such subordinate more than ten per cent of the fees accruing from such service, or any portion of the mileage or other expenses collected by such subordinate. Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for such service shall be payable to such subordinate. Nothing herein contained shall be deemed to prohibit the police commission of any county from requiring all such fees, mileage, and expenses to be paid into a police benefit fund.

[CC 1859, §1278; am imp L 1903, c 63, §1; am L 1919, c 58, §1; am L 1923, c 229, §1; RL 1925, §2541; am L 1933, c 47, §1; RL 1935, §3790; am L 1935, c 177, §1; RL 1945, §9744; am L 1945, c 55, §1; am L 1949, c 387, §1; RL 1955, §219-4; am L 1957, c 235, §1; am L 1963, c 85, §3; HRS §607-4; am L 1968, c 61, §2; am L 1969, c 23, §1; am L 1970, c 188, §39; am L 1972, c 88, §5(d), (e), (f); am L 1973, c 55, §1; am L 1974, c 145, §6 and c 149, §1; am L 1975, c 112, §1; am L 1978, c 127, §1; am L 1979, c 111, §24; am L 1980, c 96, §1; am L 1984, c 52, §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 10, §1, c 58, §1, and c 281, §11; am L 1991, c 140, §2; am L 1998, c 128, §1; am L 1999, c 92, §1; am L 2001, c 214, §2; am L 2003, c 216, §2; am L 2004, c 202, §61 and c 231, §2; am L 2005, c 22, §42; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2012, c 142, §3; am L 2013, c 116, §§5, 25(4); am L 2015, c 101, §4 and c 125, §1; am L 2021, c 41, §5; am L 2022, c 91, §2 and c 278, §17]

§607-5 Costs; circuit courts

(a) The fees prescribed by the schedule in this section shall be paid to the clerk of the circuit court as costs of court by the person instituting the action or proceeding, or offering the paper for filing, or causing the document to be issued or the services to be performed in the circuit court; provided that nothing in the schedule shall apply to cases of adults charged with commission of a crime, or to proceedings under section 571-11(1), (2), or (9), to proceedings under chapter 333F or 334, to small estates including decedents' estates and protection of property of minors and persons under disability when the amount payable is fixed by another statute; provided further that the fees prescribed by subsection (c)(32) shall be deposited by the clerk of the circuit court into the judiciary computer system special fund pursuant to section 601-3.7; provided further that the fees prescribed by subsection (b)(1a) shall be deposited by the clerk of the circuit court as provided in section 667-53(a)(6).

For the purpose of this section, "judgment" includes a decree and any order from which an appeal lies.

SCHEDULE

In the application of this schedule, each case assigned a new number or filed under the number previously assigned to a probate, trust, guardianship, or conservatorship, shall carry a fee for the institution or transfer of the action or proceeding as prescribed by part I, and in addition the fees prescribed by part II unless otherwise provided.

(b) PART I

Action or proceeding, general:

(1) Civil action or special proceeding, unless another item in part I applies................................ $200

(1a) Petition for conversion of nonjudicial foreclosure to judicial foreclosure............................. $250

(2) Appeal to a circuit court........................ $100

(3) Transfer of action to circuit court from district court, in addition to district court fees............... $125

Trusts:

(4) Proceeding for (A) appointment of trustee; (B) appointment of successor; (C) resignation of trustee; (D) instructions; (E) approval of investment; (F) approval of sale, mortgage, lease, or other disposition of property; (G) approval of compromise of claim, for each such matter................................................ $100

(5) Proceeding for (A) removal of trustee; (B) order requiring accounting; (C) invalidation of action taken by trustee; (D) termination of trust, for each such matter.... $100

(6) Accounting, this fee to be paid for each account filed and to include the settlement of the account........... $10

(7) Vesting order.................. no charge under part I

(8) Allowance of fees of trustees, attorneys, or other fees for services incurred in a proceeding for which a fee has been paid under this section no charge under part I

(8a) Registration of a trust, or release of registration, under chapter 560....................................... $3

(9) Any other proceeding relating to a trust........... $15

Conservatorship:

(10) Proceeding for (A) appointment; (B) appointment of successor; (C) resignation; (D) instructions, unless included in one of the foregoing proceedings; (E), (F), (G) approval of any matter listed in (E), (F), or (G) of item (4) in relation to a trust, for each such matter $100

(11) Proceeding of the nature listed in (A), (B), (C), or (D) of item (5) in relation to a trust, for each such matter................................................. $15

(12) Accounting, same as provided by item (6) in relation to a trust............................................ $10

(13) Any other proceeding relating to a

conservatorship................ no charge under part I

Guardianship:

(13a) Guardianship, including all matters of the nature listed in items (4) to (9), whether in family or circuit court ................................................ $100

Probate (decedents' estates). These fees include all matters of the nature listed in items (4) to (9), without additional charge:

(14) Probate, administration, domiciliary foreign personal representative, or ancillary administration, this fee to be paid once only for each decedent's estate...... $100

Family court cases:

(15) Matrimonial action (annulment, divorce, separation, or separate maintenance)............................ $100

(16) Adoption........................................ $100

(17) Guardianship, including all matters of the nature listed in items (4) to (9).......... As provided in item (13a)

(18) Termination of parental rights, except determinations of parent-child relationship pursuant to section 584A-203 no charge under part I

(19) Determinations of parent-child relationship pursuant to section 584A-203................................. $100

(20) Any other family court proceeding, except motions or other pleadings in matrimonial, adoption, determinations of parent-child relationship pursuant to section 584A-203, and guardianship actions, but including without limitation custody proceedings even if in the form of an habeas corpus proceeding................................. $15

(c) PART II

The fees prescribed by this part apply without exception.

Jury trial:

(21) Demand for jury trial, including without limitation probate cases, appeals to the circuit court, and cases transferred to the circuit court from the district court, this fee to be paid to the court in which the demand is filed by the party first making the demand........ $200

(22) Remand to district court in cases transferred to circuit court from district court on demand for jury trial, where jury trial is waived and a remand of such cases to district court is allowed.................................. $50

Miscellaneous:

(23) Filing of notice of appeal, to be paid in addition to the deposit of appeal costs.......................... $100

(24) Search of records by the clerk..................... $2

(25) Making of copy; comparing of copy with original; certification or authentication of notaries

..................... Fees prescribed by section 92-21

(26) Certification under seal of copy of pleading or other paper subsequent to the initial filing of the pleading or paper, except record on appeal..................... $1

(27) Exemplification, instead of item (26).............. $2

(28) Filing of copy of notice of completion of contract, with affidavit of publication........................... $3

(29) Filing of initial paper under section 507-43 by person asserting mechanic's or materialman's lien (this fee to be additional to the fee prescribed by part I for bringing an action under section 507-47)...................... $15

(30) Filing of any other paper not in a pending proceeding $3

(31) Printing, publishing, or posting notice; service fees; garnishee fees; mileage charges; or other services actually performed............... Amounts necessary to

cover actual costs or disbursements

(32) For administrative costs associated with the processing of all civil filings except those brought by the State or any of the various counties or political subdivisions of the State........................................... $50.

[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; am L 1941, c 229, pt of §1; RL 1945, §9745; am L 1945, c 94, §1; RL 1955, §219-5; am L 1957, c 316, §§14 to 22; am L 1966, c 22, §6; HRS §607-5; am L 1972, c 88, §5(g) to (j); am L 1974, c 145, §7; am L 1976, c 200, pt of §1; am L 1986, c 34, §1; am L 1990, c 34, §17; am L 1991, c 140, §3; am L 1998, c 128, §§2, 3; am L 1999, c 92, §2; am L 2003, c 216, §§3, 4; am L 2004, c 3, §1 as superseded by c 202, §62 and c 161, §35; am L 2006, c 20, §2 and c 94, §1; am L 2010, c 109, §1; am L 2011, c 48, §15; am L 2012, c 182, §11; am L 2022, c 91, §3; am L 2025, c 298, §23]

§607-5.5 Repealed

[Repealed]

[L 2004, c 3, §5]

§607-5.6 Surcharge for parent education for separating parties in matrimonial actions, where either party has a minor child, and for parties in parentage actions; special fund

(a) In addition to the fees prescribed under section 607-5 for a matrimonial action where either party has a minor child, or a family court proceeding under chapter 584A, the court shall collect a surcharge of $50 at the time of filing the initial complaint or petition. In cases where the surcharge has been initially waived, the court may collect the surcharge subsequent to the filing with the surcharge to be assessed from either party or apportioned between both parties.

(b) No surcharge shall be assessed:

(1) Against any party who has received an initial waiver of filing fees, except that the court may subsequently determine that a party has the financial ability to pay the surcharge; or

(2) Against any party proceeding on behalf of the State or any of the various counties.

(c) Surcharges subject to this section shall be limited to one surcharge per case.

(d) There is established within the state treasury the parent education special fund into which shall be deposited revenues assessed under subsection (a), interest and investment earnings, grants, donations, and contributions from private or public sources. The fund shall be administered by the judiciary, subject to the conditions specified in subsection (e).

(e) The special fund shall be used solely for expenditures related to providing education on all islands for separating parents in matrimonial actions and parties in parentage actions and their minor children. Revenues deposited into the special fund may be used for existing or enhanced parent education programs administered by the judiciary, or for grants or purchases of service pursuant to chapter 42F. All appropriations or authorizations from the special fund shall be expended by the judiciary.

(f) The judiciary shall submit an annual financial report to the legislature, prior to the convening of each regular session, which shall include an accounting of all deposits and expenditures from the fund.

[L 1997, c 274, §2; am L 2003, c 41, §1; am L 2025, c 298, §24]

§607-5.7 Surcharge for indigent legal services

(a) In addition to the costs and fees prescribed in section 607-5, any person in a civil action in the circuit court who is required to pay an initial filing fee shall pay an additional surcharge at the time of the person's initial filing as follows:

(1) Effective January 1, 2012, $50; and

(2) Effective January 1, 2014, $65.

(b) In addition to the costs and fees prescribed in section 607-4, any person in a civil action in the district court who is required to pay an initial filing fee shall pay an additional surcharge at the time of the person's initial filing as follows:

(1) Effective January 1, 2012, $25; and

(2) Effective January 1, 2014, $35.

(c) Any person in a civil action in the courts of appeal who is required to pay an initial filing fee also shall pay an additional surcharge at the time of the person's filing as follows:

(1) Effective January 1, 2012, $50; and

(2) Effective January 1, 2014, $65.

(d) Initial filings for which surcharges in this section shall be assessed include:

(1) Complaints, petitions, interventions, applications for special proceedings, and answers containing one or more cross-claims or counter-claims; and

(2) Third-party complaints, but shall not include post-judgment civil process.

(e) No surcharge in this section shall be assessed against:

(1) Small claims cases;

(2) Petitions for temporary restraining orders;

(3) Petitions for protective orders;

(4) Any party who has received the court's permission to proceed in forma pauperis; or

(5) Any party proceeding on behalf of the county or State.

Surcharges subject to this section shall be limited to one payment per party.

(f) There is established a special fund to be known as the indigent legal assistance fund. The funds raised under subsections (a), (b), (c), and (d) shall be transmitted to the administrative director of the courts and deposited in the indigent legal assistance fund.

(g) This fund shall be administered by the administrative director of the courts, or pursuant to contract with the administrative director of the courts. If the fund is administered pursuant to contract with the administrative director of the courts, the contractor shall be a nonprofit organization that has at least one year's experience in administering grants to providers of civil legal services for indigents. The fund administrator shall receive not more than five per cent of the total amount collected under this section each fiscal year as compensation for performing the duties under this section.

(h) The fund administrator shall annually accept applications for grants funded from the indigent legal assistance fund from organizations that provide civil legal assistance to indigent persons. Applications shall be received no later than April 15 for assistance in the following fiscal year. The fund administrator shall determine the specific information required of the applicant and, at a minimum, shall require applicants to provide information concerning:

(1) Their governance, staffing, and total annual budget;

(2) Other funding sources;

(3) Geographic area of service;

(4) The number of clients served in the previous fiscal year; and

(5) The nature and scope of services provided.

(i) To be eligible for assistance from the indigent legal assistance fund, an applicant shall meet all of the following standards at the time of application:

(1) Be either a nonprofit organization incorporated and operated exclusively in Hawaii and determined by the Internal Revenue Service to be exempt from federal income tax or a program operated exclusively in Hawaii by an accredited nonprofit law school; provided that the organization or program provides as its primary purpose and function civil legal services to indigent persons;

(2) Have a governing board whose members have no material conflict of interest and serve without compensation;

(3) Have bylaws or policies that describe the manner in which business is conducted, and policies that relate to nepotism and management of potential conflict of interest situations;

(4) Have at least one year's experience in providing civil legal services to indigents;

(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments;

(6) Agree not to charge client fees for services that are funded in any part by a grant from the indigent legal assistance fund, except that token payments for costs and expenses shall not be considered fees;

(7) Agree to use any grant received under this section exclusively to provide civil legal services to indigent persons; and

(8) Have in place sound financial management systems, a client grievance procedure, a method of ensuring the quality of service provided, and a policy that provides that no person may interfere with any attorneys funded in whole or in part by this section in carrying out their professional responsibilities to their clients, as established by the Hawaii rules of professional conduct.

(j) The administrative director of the courts, or the contractor administering the fund pursuant to contract with the administrative director of the courts, shall review, on a biennial basis, the indigent legal assistance fund to determine whether it is meeting the civil legal needs of indigent persons and shall report its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of the legislature in each even-numbered year beginning with the regular session of 2014.

(k) Funds shall be distributed on a pro rata basis to organizations that meet the criteria in subsection (i), based upon the portion of their total budget expended in the prior year for civil legal services to indigent persons as compared to the combined total expended in the prior year for legal services by all qualifying organizations applying for funding. An applicant that provides services other than civil legal services to indigent persons may establish its proportionate entitlement to funds based upon financial statements that strictly segregate the portion of the organization's expenditures in the prior year that were devoted exclusively to the provision of civil legal services for indigents.

(l) As used in this section, unless the context otherwise requires:

"Civil legal services" means direct legal services provided by attorneys or by attorney-supervised staff to clients in civil matters, including pro bono, judicial, and administrative advocacy relating to the civil legal problems of indigents.

"Indigent person" means:

(1) Any individual whose income is not greater than one hundred twenty-five per cent of the official poverty line established by the Secretary of Health and Human Services under the Community Services Block Grant Act, 42 U.S.C. section 9902;

(2) Any individual who is eligible for free services under the Older Americans Act or Developmentally Disabled Act; or

(3) Any organization or client group whose purpose is to further the interests of indigent persons and which is at least fifty per cent composed of persons who meet the requirements of paragraph (1) or (2).

[L 1996, c 305, §2; am L 1998, c 121, §§1, 2, 4; am L 2001, c 131, §§1, 2, 4; am L 2011, c 180, §2]

§607-6 Appellate court costs

(a) All proceedings in the courts of appeal shall be filed in the office of the clerk of the supreme court. Upon the filing of any appeal or the institution of any original suit, action, or other proceeding in the supreme court or the intermediate appellate court, there shall be paid by the person filing such appeal, or instituting the suit, action, or other proceeding, as appellate court costs, the sum of $100. For purposes of this section, applications for transfer and applications for writs of certiorari to the intermediate appellate court shall not be deemed other proceedings.

(b) In addition to the costs of court enumerated in subsection (a), the clerk of the supreme court shall charge and collect, for miscellaneous services performed by the clerk, the following sums:

(1) For filing any paper not in a pending suit, action, or other proceeding................................... $3

(2) For issuing any subpoena, for each witness to be served.................................................. $3

(3) All amounts necessary to cover actual costs or disbursements for printing, publishing, or posting notice, service fees, mileage charges, or other services actually performed.

[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; am L 1941, c 229, pt of §1; RL 1945, §9746; RL 1955, §219-6; am L 1957, c 316, §23; HRS §607-6; am L 1972, c 88, §5(k); am L 1974, c 145, §8; am L 1979, c 111, §5(2); gen ch 1985; am L 1989, c 44, §1; am L 1998, c 128, §4; am L 2004, c 3, §2 and c 202, §64; am L 2006, c 94, §1; am L 2010, c 109, §1]

§607-7 Deposit and payment of fees and costs on appeal

[(a)] All fees and costs required to be paid upon the filing of a notice of appeal from a court shall be paid to the clerk of the court from which the appeal is taken. The clerk of the court shall immediately transmit a record of the payments and deposits, along with a copy of the notice of appeal, to the clerk of the supreme court. The required fees and costs for an appeal shall be payable only once upon the initial filing of the appeal. The deposit shall be made at the time of filing the notice of appeal.

[(b)] Where the appeal is from a governmental official or body other than a court, the required costs and fees for filing the appeal shall be made payable to the clerk of the court to which the appeal is taken and transmitted by the government official or body upon receipt to the clerk of the court to which the appeal is taken, along with a copy of the notice of appeal. If an appeal from a government official or body is taken directly to the intermediate appellate court, the required costs and fees for the appeal shall be payable only once, upon the initial filing of the appeal.

[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9747; RL 1955, §219-7; HRS §607-7; am L 1970, c 188, §29; am L 1972, c 88, §5(1); am L 1979, c 111, §5(3); am L 2004, c 3, §3 as superseded by c 202, §65; am L 2006, c 91, §5 and c 94, §1; am L 2010, c 109, §1]

§607-8 Fees of sheriff, deputy sheriff, police officer, serving or levying officer, or independent civil process server

(a) For all necessary travel in making the service, per mile for every mile more than one........60 cents; provided that:

(1) No allowance shall be made where the serving individual uses a conveyance furnished to the serving individual by the State, or any political or municipal subdivision thereof;

(2) Where the serving individual serves more than one person in the course of one trip, the serving individual shall not charge, in the aggregate for all services more than the mileage for the entire trip; and

(3) As far as practicable, in order to minimize the mileage fees for the service, the sheriff or chief of police of the serving police officers, or independent civil process server from the department of law enforcement's list under section 353C-11 shall cause the process to be transmitted to the sheriff, a deputy sheriff, the chief of police, a police officer, or an independent civil process server upon the island of service who shall make the service upon receipt of the process; and the service shall be valid, notwithstanding that the process may not be addressed to the individual actually making the service or to the individual's superior.

For serving criminal summons or any other criminal process except a subpoena, for each person served therewith............. .......$30 effective July 1, 2001. Service of criminal summons or any other criminal process shall be made only by persons authorized to serve criminal summons.

For serving civil summons, subpoena, subpoena duces tecum, or any other civil process, except a subpoena or a garnishee summons, for each person served therewith....................$43 effective July 1, 2015.

For serving: garnishee summons, for each person.........................$30 effective July 1, 2015.

For returning as unserved after due and diligent search any process when it has been found that the person to be served has left the State....................$10 effective July 1, 2015.

For serving any execution or other process for the collection of money, for every dollar collected up to $10,000... .................5 cents.

And for every dollar over $10,000......2-1/2 cents.

All fees paid to any printer for publishing an advertisement of the sale of any property.

For every bill of sale.................$4.

For executing and acknowledging a deed pursuant to a sale of real estate to be paid by the grantee in the deed....$10.

For drawing any bond required by law..........$4.

For serving writ of possession or restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to order of court.............$40.

Together with all necessary expenses incurred by the individual serving the writ, incident to the eviction.

For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution.

The fees for service of executions, attachments, and collection of judgments, together with all costs incurred after judgment rendered, not included in the judgment, in all courts of the State, shall be collected in addition to the sum directed to be levied and collected in the writ.

In lieu of any fee under this subsection, the fee may be an hourly rate of no less than $50 per hour agreed upon in advance between the party requesting the service and the sheriff, deputy sheriff, police officer, or independent civil process server performing the service.

(b) Notwithstanding anything in this section or any other law to the contrary, when any process or subpoena is served by a subordinate of the sheriff or chief of police, it shall be illegal for the sheriff or chief of police:

(1) If and so long as the sheriff or chief of police is being paid a salary by the State or the county, to receive or collect from the subordinate any portion of the fees, mileage, or other expenses collected by the subordinate; or

(2) If and so long as the sheriff or chief of police is not being paid any salary, to collect or receive from the subordinate more than ten per cent of the fees accruing from the service, or any portion of the mileage or other expenses collected by the subordinate.

Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for the service shall be payable to the subordinate. Nothing in this section shall be deemed to prohibit the police commission of any county from requiring that all fees, mileage, and expenses be paid into a police benefit fund.

[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9748; am L 1949, c 387, §2; RL 1955, §219-8; am L 1963, c 85, §3; HRS §607-8; am L 1968, c 61, §3; am L 1969, c 23, §2; am L 1972, c 88, §5(m); am L 1973, c 55, §2; am L 1974, c 149, §2; am L 1975, c 112, §2; am L 1978, c 127, §2; am L 1979, c 111, §5(4); am L 1980, c 96, §2; am L 1984, c 52, §2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 58, §2 and c 281, §11; am L 2001, c 214, §3; am L 2012, c 142, §4; am L 2013, c 116, §§6, 25(5); am L 2015, c 101, §4 and c 125, §2; am L 2016, c 55, §21; am L 2021, c 41, §6; am L 2022, c 278, §17]

§607-8.5 Assessment for bench warrant issuance

The court, when issuing a bench warrant for any person who fails to appear or who otherwise fails to comply with a court order, may assess that person a sum not to exceed $50 for the cost of issuing the bench warrant.

[L 1999, c 92, §3]

§607-9 Cost charges exclusive; disbursements

[(a)] No other costs of court shall be charged in any court in addition to those prescribed in this chapter in any suit, action, or other proceeding, except as otherwise provided by law.

[(b)] All actual disbursements, including but not limited to, intrastate travel expenses for witnesses and counsel, expenses for deposition transcript originals and copies, and other incidental expenses, including copying costs, intrastate long distance telephone charges, and postage, sworn to by an attorney or a party, and deemed reasonable by the court, may be allowed in taxation of costs. In determining whether and what costs should be taxed, the court may consider the equities of the situation.

[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9749; RL 1955, §219-9; HRS §607-9; am L 1972, c 88, §5(n); am L 1989, c 4, §1]

§607-10 and 607-11 REPEALED

L 1972, c 88, §5(x).

§607-12 Witnesses' fees, mileage; taxation

(a) The fees of witnesses shall be as follows: Every witness attending and testifying, or subpoenaed and attending, upon the trial of any civil cause, in any court, shall be paid the sum of:

(1) $30 for each day's attendance in court;

(2) Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and

(3) The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.

(b) Every witness, coming to attend upon court from any island other than that upon which the court is holding session, shall be entitled to:

(1) $36 for each day's attendance;

(2) The actual round trip cost of plane or ship travel;

(3) Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and

(4) The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.

(c) The fees of witnesses may be taxed in the bill of costs as provided by section 607-9.

[CC 1859, pt of §1280; am L 1884, c 30, §1; am imp L 1903, c 63, §1; am L 1919, c 5, §1; RL 1925, §2549; am L 1925, c 24, §1; RL 1935, §3798; RL 1945, §9752; RL 1955, §219-12; HRS §607-12; am L 1972, c 88, §5(o); am L 2025, c 153, §2]

§607-13 Costs; defendant's traveling expenses taxable items in certain events

Whenever any cause or proceeding, other than criminal, probate, or divorce, is discontinued or dismissed in any court, the defendant therein shall be entitled to have the defendant's traveling expenses, to be charged at the rate of 10 cents a mile each way in going to and returning from the court, taxed as costs.

[L 1915, c 16, §1; RL 1925, §2550; RL 1935, §3799; RL 1945, §9753; RL 1955, §219-13; HRS §607-13; am L 1972, c 88, §5(p); gen ch 1985]

§607-14 Attorneys' fees in actions in the nature of assumpsit, etc

In all the courts, in all actions in the nature of assumpsit and in all actions on a promissory note or other contract in writing that provides for an attorney's fee, there shall be taxed as attorneys' fees, to be paid by the losing party and to be included in the sum for which execution may issue, a fee that the court determines to be reasonable; provided that the attorney representing the prevailing party shall submit to the court an affidavit stating the amount of time the attorney spent on the action and the amount of time the attorney is likely to spend to obtain a final written judgment, or, if the fee is not based on an hourly rate, the amount of the agreed upon fee. The court shall then tax attorneys' fees, which the court determines to be reasonable, to be paid by the losing party; provided that this amount shall not exceed twenty-five per cent of the judgment.

Where the note or other contract in writing provides for a fee of twenty-five per cent or more, or provides for a reasonable attorney's fee, not more than twenty-five per cent shall be allowed.

Where the note or other contract in writing provides for a rate less than twenty-five per cent, not more than the specified rate shall be allowed.

Where the note or other contract in writing provides for the recovery of attorneys' fees incurred in connection with a prior debt, those attorneys' fees shall not be allowed in the immediate action unless there was a writing authorizing those attorneys' fees before the prior debt was incurred. "Prior debt" for the purposes of this section is the principal amount of a debt not included in the immediate action.

The above fees provided for by this section shall be assessed on the amount of the judgment exclusive of costs and all attorneys' fees obtained by the plaintiff, and upon the amount sued for if the defendant obtains judgment.

Nothing in this section shall limit the recovery of reasonable attorneys' fees and costs by a planned community association and its members in actions for the collection of delinquent assessments, the foreclosure of any lien, or the enforcement of any provision of the association's governing documents, or affect any right of a prevailing party to recover attorneys' fees in excess of twenty-five per cent of the judgment pursuant to any statute that specifically provides that a prevailing party may recover all of its reasonable attorneys' fees. "Planned community association" for the purposes of this section means a nonprofit homeowners or community association existing pursuant to covenants running with the land.

[L 1872, c 29, §5; RL 1925, §2551; RL 1935, §3800; am L 1935, c 26, §1; RL 1945, §9754; RL 1955, §219-14; HRS §607-14; am L 1972, c 88, §5(q); am L 1993, c 200, §1; am L 1994, c 74, §1; am L 1997, c 132, §2]

§607-14.5 Attorneys' fees and costs in civil actions

(a) In any civil action in this State where a party seeks money damages or injunctive relief, or both, against another party, and the case is subsequently decided, the court may, as it deems just, assess against either party, whether or not the party was a prevailing party, and enter as part of its order, for which execution may issue, a reasonable sum for attorneys' fees and costs, in an amount to be determined by the court upon a specific finding that all or a portion of the party's claim or defense was frivolous as provided in subsection (b).

(b) In determining the award of attorneys' fees and costs and the amounts to be awarded, the court must find in writing that all or a portion of the claims or defenses made by the party are frivolous and are not reasonably supported by the facts and the law in the civil action. In determining whether claims or defenses are frivolous, the court may consider whether the party alleging that the claims or defenses are frivolous had submitted to the party asserting the claims or defenses a request for their withdrawal as provided in subsection (c). If the court determines that only a portion of the claims or defenses made by the party are frivolous, the court shall determine a reasonable sum for attorneys' fees and costs in relation to the frivolous claims or defenses.

(c) A party alleging that claims or defenses are frivolous may submit to the party asserting the claims or defenses a request for withdrawal of the frivolous claims or defenses, in writing, identifying those claims or defenses and the reasons they are believed to be frivolous. If the party withdraws the frivolous claims or defenses within a reasonable length of time, the court shall not award attorneys' fees and costs based on those claims or defenses under this section.

[L 1980, c 286, §1; am L Sp 1986, c 2, §13; am L 1992, c 47, §1; am L 1999, c 237, §3]

§607-14.7 Attorney's fees, costs, and expenses; judgment creditors

In addition to any other attorney's fees, costs, and expenses, which may or are required to be awarded, and notwithstanding any law to the contrary, the court in any civil action may award to a judgment creditor, from a judgment debtor, reasonable attorney's fees, costs, and expenses incurred by the judgment creditor in obtaining or attempting to obtain satisfaction of a money judgment, whether by execution, examination of judgment debtor, garnishment, or otherwise. The court may award attorney's fees that it determines are reasonable, but shall not award fees in excess of the following schedule:

(1) Twenty-five per cent on the first $1,000 or fraction thereof;

(2) Twenty per cent on the second $1,000 or fraction thereof;

(3) Fifteen per cent on the third $1,000 or fraction thereof;

(4) Ten per cent on the fourth $1,000 or fraction thereof;

(5) Five per cent on the fifth $1,000 or fraction thereof; and

(6) 2.5 per cent on any amount in excess of $5,000.

The fees shall be assessed on the amount of judgment, exclusive of costs and all other attorney's fees.

[L 1985, c 288, §2; am L 2016, c 55, §22]

§607-14.9 Actions to enforce covenants not to compete

In a civil action which involves the interpretation or enforcement of an agreement or alleged agreement which purportedly restricts an employee from competing with an employer, or former employer, or working for a competitor of an employer or former employer, any employee or former employee who prevails shall be awarded reasonable attorneys' fees and costs.

[L 1992, c 56, §1]

§607-15 Repealed

[Repealed]

[L 1972, c 88, §5(x)]

§607-15.5 Attorneys' fees in tort actions

In all tort actions in which a judgment is entered by a court of competent jurisdiction, attorneys' fees for both the plaintiff and the defendant shall be limited to a reasonable amount as approved by the court having jurisdiction of the action. In any tort action in which a settlement is effected, the plaintiff or the defendant may request that the amount of their respective attorneys' fees be subject to approval of the court having jurisdiction of the action.

[L Sp 1986, c 2, §11]

§607-16 In both courts, when; set off against judgment, when

Whenever costs are awarded to the appellant, the appellant shall be allowed to tax as part thereof, the costs in the lower court, in addition to the costs of the court appealed to. If, upon an appeal, a recovery for any debt or damages is had by one party, and costs are awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the balance.

[CC 1859, §1014; RL 1925, §2553; RL 1935, §3802; RL 1945, §9756; RL 1955, §219-16; HRS §607-16; am L 1972, c 88, §5(r); gen ch 1985]

§607-17 Repealed

[Repealed]

[L 1993, c 200, §2]

§607-18 Compensation of trustees

(a) Unless the trust instrument otherwise provides, or the settlor and trustee otherwise agree, or, after the settlor's death, all the beneficiaries and the trustee otherwise agree, the trustee shall be entitled to the compensation set forth in this section and the compensation shall be deemed to be reasonable. For good cause shown, the court may also approve any other fee arrangement that it deems reasonable.

(b) Banks, trust companies, and individuals who in the ordinary course of business serve as fiduciaries shall, when serving as trustees, be entitled to reasonable compensation, which may be set forth in their published fee schedules and may be amended from time to time; provided that advance written notice of any amendment to the fee schedule is provided to the settlor or, after the settlor's death, to all beneficiaries who are vested at the time of the notice.

(c) Except as provided in subsections (a) and (b), individuals serving as trustees shall be entitled to the following compensation:

(1) Compensation Upon Inception of the Trust:

(A) One per cent based upon the gross fair market value of the trust assets on the date of the trustee's acceptance shall be payable to the first trustee who is not the settlor of the trust; and

(B) One per cent based upon the gross fair market value of the trust assets of the trust created under the revocable living or administrative trust on the date of the trustee's acceptance shall be payable to the first trustee of any trust created under a revocable living trust after the settlor's death or other administrative trust; provided that the trustee shall not also be the trustee of the revocable living trust or administrative trust that is the source of funding for the newly-created trust;

(2) Annual Compensation:

(A) Upon all moneys and other property received in the nature of revenue or income of the trust, such as rents, interest, dividends, and general profits, five per cent of the income received during the year shall be payable to the trustee, and paid not more than once per quarter;

(B) Upon the principal trust, the trustee shall be compensated no more than once per quarter, based on the following:

(i) One-half of one per cent of the first $5,000,000;

(ii) One-third of one per cent of the next $3,000,000;

(iii) One-fifth of one per cent of the next $2,000,000; and

(iv) One-tenth of one per cent of assets in excess of $10,000,000,

based upon the gross fair market value of the principal assets as of the first day of the trust's fiscal year; and

(C) Notwithstanding subparagraphs (A) and (B), a trustee shall be entitled to a minimum total annual compensation of $3,000;

(3) Compensation Upon Termination of the Trust:

One per cent based upon the gross fair market value of the trust assets as of the termination date of the trust pursuant to the terms of the trust, shall be payable to the trustee at any time after the termination date, up to and including the date the trust assets are finally distributed; and

(4) Compensation for Special Services:

Further compensation may be made as the court deems just and reasonable for services performed in connection with assuming the trusteeship, sales or leases of real estate, contested or litigated claims against the estate, the adjustment and payment of extensive or complicated estate or inheritance taxes, the preparation of estate and income tax returns, the carrying on of the decedent's business pursuant to an order of court or under the provisions of any will, litigation in regard to the property of the estate, and such other special services as may be necessary for the trustee to perform, prosecute, or defend; provided that if all of the beneficiaries agree to the trustee's compensation for special services, then court approval shall not be required;

provided that if more than one individual serves as trustee, then the compensation due pursuant to paragraphs (1), (2), and (3), as applicable, shall be divided equally between the then-acting trustees, unless otherwise agreed by the trustees. If one or more individuals are serving as trustees with a bank or trust company, then the individual trustees shall be entitled to fifty per cent of the compensation due pursuant to paragraphs (1), (2), and (3), as applicable, which shall be divided among the then-serving individual trustees as they may agree. An individual who in the ordinary course of business serves as a fiduciary, serving together with one or more individuals as trustees, or a bank or trust company serving together with one or more individuals as trustees, shall be entitled to the compensation described in subsection (b).

(d) For purposes of any agreement between the trustee and the beneficiaries regarding the trustee's compensation, the agreement shall be binding upon incapacitated, minor, unborn, and unascertained beneficiaries if the applicable provisions of section 560:1-403(2)(B) and (C) are satisfied.

(e) The following terms, or comparable language in the provisions of a trust, unless otherwise limited or modified, authorize compensation to the trustee under this section: "reasonable compensation", "compensation in accordance with applicable law", "compensation", "reasonable compensation commensurate with the services performed", and "statutory compensation".

(f) This section shall apply to future accounting periods of existing trusts as well as to new trusts. This section shall not apply to charitable trusts.

[RL 1935, pt of §3793; am L 1935, c 124, §1; am L 1943, c 88, §1 and c 149, §1; RL 1945, §9757; am L 1947, c 100, §1; am L 1951, c 170, §1; RL 1955, §219-17; am L 1959, c 169, §1; HRS §607-18; am L 1976, c 200, pt of §1; am L 1988, c 362, §1; am L 1992, c 85, §1; am L 1993, c 34, §2; am L 2014, c 212, §2; am L 2015, c 133, §1]

§607-19 Repealed

[Repealed]

[L 1976, c 200, pt of §1]

§607-20 Charitable trusts, special provisions

(a) Notwithstanding any other provisions, in the case of a charitable trust, the compensation of the trustees shall be limited to an amount that is reasonable under the circumstances.

(b) This section shall apply to existing and new charitable trusts established after January 1, 1999; provided that any provisions in existing trust agreements regarding trustees' compensation shall supersede this section.

[L 1943, c 149, §§1, 2; RL 1945, §9758; RL 1955, §219-19; am L 1959, c 169, §2; HRS §607-20; am L 1998, c 310, §2]

§607-21 Expense of bond

Any receiver, assignee, guardian, trustee, committee, personal representative, commissioner, or other fiduciary required by law or the order of any court to give a bond, or other obligation as such, may include as a part of the lawful and chargeable expense of executing the individual's trust a reasonable sum, to be paid to a company authorized under the laws of the State to become surety on the bond or obligation for becoming the individual's surety thereon, as may be allowed by the court in which the individual is required to account, not exceeding one per cent a year on the amount of the bond.

[RL 1935, pt of §3793; RL 1945, §9759; RL 1955, §219-20; HRS §607-21; am L 1972, c 88, §5(u); am L 1976, c 200, pt of §1; am L 2016, c 55, §23]

§607-22 Repealed

[Repealed]

[L 1972, c 88, §5(x)]

§607-23 Fees of commissioners, appraisers, etc

Fees of commissioners and appraisers shall be such as the court deems just and reasonable, together with actual and necessary traveling expenses at the same rate paid for traveling expenses to witnesses subpoenaed, and all actual disbursements for surveying, plans, etc.

[RL 1935, pt of §3793; am L 1941, c 293, §1; RL 1945, §9761; am L 1945, c 37, §2; RL 1955, §219-22; am L 1963, c 85, §3; HRS §607-23; am L 1972, c 88, §5(v)]

§607-24 No bonds or costs to be filed or paid by government

Neither the State nor any county or any political subdivision, board, or commission thereof, nor any officer, acting in the officer's official capacity on behalf of the State or any county or other political subdivision, board, or commission thereof, shall be taxed costs or required to pay or make any deposit for the same or file any bond in any case whether for costs, on motion for new trial, or on appeal, or for any other purpose whatsoever. In all cases in which a final judgment or decree is obtained against the State, county, or other political subdivision or any board or commission thereof, any and all deposits for costs made by the prevailing party shall be returned to the prevailing party, and the prevailing party shall be reimbursed by the State, county, or other political subdivision, board, or commission thereof, as the case may be, all actual disbursements, not including attorney's fees or commissions, made by the prevailing party and approved by the court.

[L 1907, c 63, §1; RL 1925, §2546; am L 1933, c 212, §1; RL 1935, §3795; am L 1937, c 126, §1; RL 1945, §9762; RL 1955, §219-23; HRS §607-24; am L 1972, c 88, §5(w); gen ch 1985]

§607-25 Actions based on failure to obtain government permit or approvals; attorney's fees and costs

(a) As used in this section, "development" includes:

(1) The placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste;

(2) The grading, removing, dredging, mining, pumping, or extraction of any liquid or solid materials; or

(3) The construction or enlargement of any structure requiring a discretionary permit.

(b) As used in this section, "development" does not include:

(1) The transfer of title, easements, covenants, or other rights in structures or land;

(2) The repair and maintenance of existing structures;

(3) The placement of a portable structure costing less than $500; or

(4) The construction of a structure which only required a building permit and for which a building permit could be granted without any discretionary agency permit or approval.

(c) For purposes of this section, the permits or approvals required by law shall include compliance with the requirements for permits or approvals established by chapters 6E, 46, 54, 171, 174C, 180C, 183, 183C, 184, 195, 195D, 205, 205A, 266, 342B, 342D, 342F, 342H, 342J, 342L, and 343 and ordinances or rules adopted pursuant thereto under chapter 91.

(d) For purposes of this section, compliance with the procedural requirements established by chapter 343 and rules pursuant to chapter 343 constitute a discretionary agency approval for development.

(e) In any civil action in this State where a private party sues for injunctive relief against another private party who has been or is undertaking any development without obtaining all permits or approvals required by law from government agencies:

(1) The court may award reasonable attorneys' fees and costs of the suit to the prevailing party;

(2) The court shall award reasonable attorneys' fees and costs of the suit to the prevailing party if the party bringing the civil action:

(A) Provides written notice, not less than forty days prior to the filing of the civil action, of any violation of a requirement for a permit or approval to:

(i) The government agency responsible for issuing the permit or approval which is the subject of the civil action;

(ii) The party undertaking the development without the required permit or approval; and

(iii) Any party who has an interest in the property at the development site recorded at the bureau of conveyances; and

(B) Posts a bond in the amount of $2,500 to pay the attorneys' fees and costs provided for under this section if the party undertaking the development prevails;

(3) Notwithstanding any provision to the contrary in this section, the court shall not award attorneys' fees and costs to any party if the party undertaking the development without the required permit or approval failed to obtain the permit or approval due to reliance in good faith upon a written statement, prepared prior to the suit on the development, by the government agency responsible for issuing the permit or approval which is the subject of the civil action, that the permit or approval was not required to commence the development. The party undertaking the development shall provide a copy of the written statement to the party bringing the civil action not more than thirty days after receiving the written notice of any violation of a requirement for a permit or approval; and

(4) Notwithstanding any provision to the contrary in this section, the court shall not award attorney's fees and costs to any party if the party undertaking the development applies for the permit or approval which is the subject of the civil action within thirty days after receiving the written notice of any violation of a requirement for a permit or approval and the party undertaking the development shall cease all work until the permit or approval is granted.

[L 1986, c 80, §2; am L 1990, c 20, §1; am L 1995, c 69, §15; am L 1996, c 82, §6; am L 1997, c 2, §12]

§607-26 Limit on supersedeas bond

(a) In any civil action brought under any legal theory, the amount of a supersedeas bond or other form of security necessary to stay execution of a judgment granting legal, equitable, or any other form of relief during the entire course of all appeals or discretionary review of that judgment by all appellate courts shall be set in accordance with applicable law, except that:

(1) The total amount of the supersedeas bond or other form of security that is required of any party shall not exceed $25,000,000, regardless of the amount or any other provision of the judgment that is appealed;

(2) If the party posting the supersedeas bond is a "small business concern" as defined by section 210-1, the supersedeas bond shall not exceed $1,000,000; and

(3) If a party in whose favor the judgment has been entered proves to a court by a preponderance of the evidence that an appellant who has posted a supersedeas bond is intentionally dissipating assets outside the ordinary course of its business for the purpose of avoiding payment of the judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment appealed. Dissipation of assets shall not include expenditures, including payments to the owners of a business, of the kind that the appellant made in the regular course of business prior to entry of the judgment being appealed.

(b) This section shall not apply to the limitation on bonds for tobacco master settlement agreement signatories and their successors and affiliates under section 328L-7.

(c) For purposes of this section:

"Civil action" includes, without limitation, cases involving individual, aggregated, class action, or otherwise joined claims.

"Legal, equitable, or any other form of relief" means all forms of relief, including without limitation, compensatory, special, punitive, exemplary or other damages, injunctive relief, or any other form of relief.

[L 2006, c 11, §1]