Bill Text: HI HB353 | 2011 | Regular Session | Introduced

Hawaii House Bill 353 (Prior Session Legislation)

Introduced

Bill Title: Court Rules; Tax Appeal Court; Small Claims Procedure

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-24 - (H) Referred to JUD, FIN, referral sheet 1 [HB353 Detail]

Download: Hawaii-2011-HB353-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	353
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to tax appeals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the small claims procedure of the tax appeal court is intended to be an informal process. Pursuant to section 232-5, Hawaii Revised Statutes, the small claims procedure of the tax appeal court is established by rule rather than statute.

The purpose of this Act is to direct the supreme court to amend the rules of the tax appeal court to prohibit pre-trial discovery and limit the award of costs in cases filed under the small claims procedure of the tax appeal court.

SECTION 2. The supreme court shall adopt rules pursuant to section 232-14, Hawaii Revised Statutes, to:

(1) Prohibit pre-trial discovery, including but not limited to depositions, interrogatories, and formal written disclosure of expert or other witnesses in appeals filed under the small claims procedure of the tax appeal court; and

(2) Limit the award of costs that may be awarded to the prevailing party in appeals filed under the small claims procedure of the tax appeal court to court filing fees.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Court Rules; Tax Appeal Court; Small Claims Procedure

Description:

Directs the supreme court to adopt rules relating to the small claims procedure of the tax appeal court to: (1) prohibit pre-trial discovery; and (2) limit the costs that may be awarded to the prevailing party.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.