§607-3 Court costs, waiver of prepayment,
reduction or remission of. The judges of all the courts of the State shall
have discretionary power to waive the prepayment of costs or to reduce or remit
costs where, in special or extraordinary cases, the cost of any suit, action,
or proceeding may, to the judges, appear onerous. [L 1923, c 101, §§1, 2; RL
1925, §2545; RL 1935, §3794; am L 1939, c 19, §3; RL 1945, §9743; RL 1955,
§219-3; HRS §607-3; am L 1970, c 188, §39; am L 1972, c 88, §5(b)]
Case Notes
Where payment of $275 in fees well exceeded prisoner
petitioner's meager earnings and "savings" and, thus, would be
excessively burdensome, to require the payment of such costs under the
circumstances clearly exceeded "the bounds of reason"; thus, it was
an abuse of discretion for the trial court to deny petitioner's request to
proceed in forma pauperis pursuant to this section. 113 H. 315, 151 P.3d 796
(2007).
In exercising discretion, court may consider movants' estate
or their net worth. 2 H. App. 1, 625 P.2d 378 (1981).
Cited: 31 H. 242, 254 (1930); 32 H. 385, 386 (1932); 35 H.
563 (1940); 35 H. 564 (1940); 35 H. 682 (1940); 44 H. 613, 623, 359 P.2d 932
(1961).
Notes of Decisions
Blaisdell v. Dep't of Pub. Saf., 151 P.3d 796 (Haw. 2007).
· cites it 20× “Petitioner brought his request to proceed in forma pauperis under HRS § 607-3 (1993). HRS § 607-3 entitled “Court costs, waiver of prepayment, reduction or remission of,” states that “Itjhe judges of all the courts of the State shall have discretionary power to waive the…”
Minatoya v. Mousel, 625 P.2d 378 (Haw. App. 1981).
· cites it 3× “RIGHT TO APPEAL IN FORMA PAUPERIS The Mousels contend that the lower court abused its discretion under HRS § 607-3 (1976) 5 when it denied their motion to appeal in forma pauperis with a waiver of all costs and fees.”
In the Interest of Doe Child., 76 P.3d 578 (Haw. App. 2003).
· cites it 3× “Hawaii Revised Statutes § 607-3 (1993) states as follows: The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary cases, the cost of any suit, action, or proceeding…”
Est. Admin. Servs. LLC v. Mohulamu. (Haw. 2020).
· cites it 17× “2 HRS § 607-3 (2016) states, “The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary cases, the cost of any suit, action, or proceeding may, to the judges, appear…”
Kuhlmann v. Burgess (Haw. App. 2021).
· cites it 2× “The motion for reconsideration is granted and the appeal is reinstated; and 1 HRS § 607-3 states: The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary cases, the…”
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