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Hawaii Revised Statutes

Haw. Rev. Stat. § 101-11 (2026)

  Procedure as in civil actions

✓ current as of July 2026
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     §101-11  Procedure as in civil actions.  Except as otherwise expressly provided in this part, the procedure shall be the same as in other civil actions. [L 1896, c 45, §20; RL 1925, §814; RL 1935, §56; RL 1945, §307; RL 1955, §8-10; HRS §101-11]

 

Case Notes

 

  Condemnor has duty to open and close in presentation of evidence.  48 H. 101, 395 P.2d 932.

  Based on the established common law convention of this jurisdiction at the time of adoption of the state constitution, as a general matter, a right to jury trial exists in state eminent domain proceedings.  91 H. 81, 979 P.2d 1107.

  Cited:  30 H. 1, 5.

 

Notes of Decisions
Cited in 4 cases, 1979–2009 · leading case: Hous. Fin. & Dev. Corp. v. Ferguson, 979 P.2d 1107 (Haw. 1999).
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Hous. Fin. & Dev. Corp. v. Ferguson, 979 P.2d 1107 (Haw. 1999). · cites it 8× “” HRS § 101-11 (1993) (emphasis added). HRS § 635-13 (1993) states: “When the right of trial by jury is given by the Constitution or a statute of the United States or this State and the right has not been waived, the case shall be tried with a jury.”
Cnty. of Hawai'i v. C & J Coupe Fam. Ltd. P'ship, 198 P.3d 615 (Haw. 2008). · cites it 4× “HRS § 101-11 (1993) instructs that "[e]xcept as otherwise expressly provided in this part, the procedure shall be the same as in other civil actions.”
Cnty. of Hawai'i v. C & J Coupe Fam. Ltd. P'ship, 208 P.3d 713 (Haw. 2009). · cites it 2× “Moreover, HRS § 101-11 (1993) provides that “[e]xcept as otherwise expressly provided in this part, the procedure shall be the same as in other civil actions.”
Midkiff v. Tom, 471 F. Supp. 871 (D. Haw. 1979). “§ 516-23 (1976) provides in part that “the authority shall exercise its power of eminent domain in the same manner as provided in chapter 101.”
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