Hawaii Revised Statutes, Chapter 659 — Quo Warranto

Division 4. Courts and Judicial Proceedings — Title 36. Civil Remedies and Defenses and Special Proceedings

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 36 Civil Remedies and Defenses and Special Proceedings

Chapter 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 an office of the State or of any subdivision thereof, or of any corporation or quasi-corporation, public or private, or any franchise, inquiring by what authority the person claims the office or franchise.

[L 1876, c 39, §36; am L 1907, c 39, §1; RL 1925, §2716; RL 1935, §4258; RL 1945, §10279; RL 1955, §236-19; HRS §659-46; am L 1972, c 90, §3(a); ren HRS §659-1; gen ch 1985]

§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, c 39, §37; RL 1925, §2717; RL 1935, §4259; RL 1945, §10280; RL 1955, §236-20; HRS §659-47; am L 1972, c 90, §3(b); ren HRS §659-2]

§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 of the public utilities commission, or the State, for the forfeiture of the franchise of any corporate body offending against any law relating to such corporation, for misuser, for nonuser, for doing or committing any act or acts amounting to a surrender of its charter and for exercising rights not conferred upon it.

[L 1972, c 90, §3(c); HRS §659-47.5; ren HRS §659-3]

§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 to if the application is made by a private individual, or is made by the attorney general as provided by section 659-6.

[L 1876, c 39, §38; RL 1925, §2718; RL 1935, §4260; RL 1945, §10281; RL 1955, §236-21; HRS §659-48; am L 1972, c 90, §3(d); ren HRS §659-4]

§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 by the court in its discretion, and state the authority under which the person claims to act.

[L 1876, c 39, §39; RL 1925, §2719; RL 1935, §4261; RL 1945, §10282; RL 1955, §236-22; HRS §659-49; am L 1972, c 90, §3(e); ren HRS §659-5; gen ch 1985]

§659-6 Judgment as to offices; burden of proof

[(a)] If a person to whom an order is directed with respect to an office of which the person performs the duties does not answer within the time allowed or the answer is insufficient or it is found that the person has usurped the office or continues in it unlawfully, the court in addition to declaring the person not qualified to fill the office and forbidding the person to perform the duties of the office any longer, may direct that a new appointment be made and may grant other appropriate relief.

[(b)] If the proceeding is commenced by verified petition of the attorney general and concerns a public office, the respondent shall have the burden of proof.

[L 1876, c 39, §41; RL 1925, §2721; RL 1935, §4263; RL 1945, §10284; RL 1955, §236-24; HRS §659-51; am L 1972, c 90, §3(f); ren HRS §659-6; gen ch 1985]

§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 39, §42; RL 1925, §2722; RL 1935, §4264; RL 1945, §10285; RL 1955, §236-25; HRS §659-52; am L 1972, c 90, §3(g); ren HRS §659-7]

§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 a civil action.

[L 1876, c 39, §43; RL 1925, §2723; RL 1935, §4265; RL 1945, §10286; RL 1955, §236-26; HRS §659-53; am L 1972, c 90, §3(h); ren HRS §659-8]

§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 shall not be issued for the purpose of inquiring into that fact.

[L 1876, c 39, §44; RL 1925, §2724; RL 1935, §4266; RL 1945, §10287; RL 1955, §236-27; HRS §659-54; ren HRS §659-9]

§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, §3(i); HRS §659-55; ren HRS §659-10]