§661-10 Actions by State.

283 words·~1 min read·/hi/chapter-661/661-10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§661-10 Actions by State. Whenever it is necessary or desirable for the State in order to collect or recover any money or penalty, or to recover or obtain the possession of any specific property, real or personal, or to enforce any other right (except in respect to criminal prosecutions) to institute judicial proceedings, except as otherwise expressly provided by law, the attorney general may bring and maintain an action or actions for any such purpose in any appropriate court or courts.

All such actions shall be entitled in the name of the State by the attorney general, against the party or parties or thing sued, as defendants. [L 1888, c 51, §1; am imp Org Act, §§2, 81, 86; RL 1925, §2678; RL 1935, §4429; RL 1945, §10484; RL 1955, §245-10; HRS §661-10; am L 1972, c 164, §1(h)]

Case Notes

Where complaints asserted that the attorney general brought the actions under §480-2(d) and this section, the state procedural devices were not similar to an action under rule 23 of the federal rules of civil procedure. 761 F.3d 1027 (2014).

Discussed, regarding the attorney general's authority to bring a non-class action parens patriae suit that sought, among other things, an order enjoining defendants from engaging in unfair or deceptive acts or practices and civil penalties. 907 F. Supp. 2d 1188 (2012).

Suit by public official must be in the name of the government. 7 H. 314 (1888).

Suit entitled in name of the Hawaiian government by attorney general could be brought by attorney general through counsel. 8 H. 16 (1890).

Section is irrelevant and attorney general is without standing as party to rate proceeding before PUC. 54 H. 663, 513 P.2d 1376 (1973).