Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 607
Hawaii Revised Statutes

Haw. Rev. Stat. § 607-24 (2026)

  No bonds or costs to be filed or paid by government

✓ current as of July 2026
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     §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]

 

Rules of Court

 

  See HRCP rules 37(e), 54(d), 62(e).

 

Case Notes

 

  Attorney's commissions and fees not chargeable against Territory.  20 H. 112 (1910).

  Costs not chargeable against public officers.  20 H. 359 (1911) (sheriff in habeas corpus).  21 H. 274 (1912) (sheriff in replevin).  20 H. 455 (1911); 23 H. 187 (1916) (superintendent of public works); not (prior to am.) against county.  20 H. 112 (1910); 23 H. 524, 527 (1916).

  Not applicable to bond on writ of error.  32 H. 111 (1931) (former law).

  Return of costs to successful plaintiff.  34 H. 245 (1937).

  Section does not apply to the receiver of a national bank.  34 H. 308 (1937).

  Not applicable to criminal prosecutions.  36 H. 546 (1943).

  "Final judgment".  36 H. 603 (1943); 39 H. 1 (1950).

  Where State is successful in condemning property under chapter 101, condemnee is not "prevailing party" and cannot recover "actual disbursements".  53 H. 582, 499 P.2d 663 (1972).

  Where a prevailing party has "obtained" "a final judgment" "against the State", the court may award the prevailing party its "actual disbursements" pursuant to §607-9, this section, and HRAP rule 39.  110 H. 269, 132 P.3d 378 (2006).

  Where plaintiff sought an award of attorneys' fees and costs against the State, plaintiff was not entitled to an award of attorneys' fees because the State had not waived its sovereign immunity.  However, plaintiff was entitled to costs pursuant to this section, which waives the State's sovereign immunity for costs requested by a prevailing party when a final judgment has been obtained against the State.  140 H. 437, 403 P.3d 214 (2017).

 

 

Notes of Decisions
Cited in 8 cases, 1972–2017 · leading case: Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017).
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Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017). · cites it 42× “18 ***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER*** Finally, Gold Coast contended that it was entitled to costs against the State pursuant to HRS § 607-24 (1993) because it received a final judgment against the State and was the prevailing party in the…”
Sierra Club v. Dep't of Transp. of the State, 202 P.3d 1226 (Haw. 2009). · cites it 10× “As the prevailing party, Sierra Club was entitled to an award of all costs pursuant to Hawaii Rules of Civil Procedure (HRCP) Rule 54(d)(1) 31 and HRS § 607-24. 32 However, as Sierra Club does not oppose the exclusion of $910.”
Kamalu v. Paren, Inc., 132 P.3d 378 (Haw. 2006). · cites it 26× “” Consequently, our authority to impose costs upon the State depends on the meaning of HRS § 607-24, see supra note 4. 8 On its face, HRS § 607-24 consists of two mutually exclusive provisions: “Neither the State nor [other governmental entities] shall be taxed costs.”
Kaleikini v. Yoshioka., 304 P.3d 252 (Haw. 2013). · cites it 6× “Kaleikini also requests attorney’s fees pursuant to the private attorney general doctrine, in relation to work performed by David Kimo Frankel and Ashley Obrey, Native Hawaiian Legal Corporation (NHLC) attorneys, at both the trial and appellate levels.”
Fought & Co. v. Steel Eng'g & Erection, Inc., 951 P.2d 487 (Haw. 1998). · cites it 2× “For example, HRS § 607-24 (1993) provides, inter alia, that state agencies are exempt from requirements that a bond be posted for costs, on a motion for new trial, or on appeal.”
State v. Davis, 499 P.2d 663 (Haw. 1972). · cites it 6× “, any and all deposits for costs made by the prevailing party shall be returned to him, and he shall be reimbursed by the State .”
Gold Coast Neighborhood Ass'n v. State, 361 P.3d 1243 (Haw. App. 2015). · cites it 6× “46 under HRS § 607-24 (1993) because Gold Coast prevailed and had received a final judgment against the State.”
Taomae v. Lingle, 132 P.3d 1238 (Haw. 2006). · cites it 4× “Defendants concede that costs are authorized by HRAP Rule 39(b) (2005), [15] HRS § 11-175, [16] and HRS § 607-24 (1993). [17] However, Defendants aver that Plaintiffs' request for reimbursement for (1) printing more than ten copies of the briefs and appendices, (2) a copy of the…”
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