Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 802
Hawaii Revised Statutes

Haw. Rev. Stat. § 802-7 (2026)

  Litigation expenses

✓ current as of July 2026
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     §802-7  Litigation expenses.  The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and upon a finding that the same are necessary for an adequate defense, direct that such expenses be paid from available court funds or waived, as the case may be; provided that where the defendant is represented by the state public defender or by other counsel appointed by the court except for such other counsel appointed by the court for reasons of conflict of interest on the part of the public defender, the public defender shall pay for or authorize payment for the same, if the public defender determines that the defendant is unable to pay for the same and that the same are necessary for an adequate defense, and if there is a dispute as to the financial ability of the defendant such dispute shall be resolved by the court.  In cases where other counsel have been appointed by the court for reasons of conflict of interest, the court may, upon the requisite showing of inability to pay and a finding that such expenses are necessary for an adequate defense as set forth above, direct that such expenses be paid from available court funds or waived, as the case may be. [L 1971, c 185, pt of §1; HRS §705C-7; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(d); am L 1976, c 131, §3; am L 1979, c 174, §1]

 

Case Notes

 

  Defendant requesting services on basis of indigency is entitled to hearing.  61 H. 203, 600 P.2d 1383 (1979).

  Where defendant is unable to pay for necessary defense services, defendant may be eligible for court payment even though represented by private counsel.  61 H. 203, 600 P.2d 1383 (1979).

  Although the language of this section suggests that the court has discretion to direct that transcript expenses are paid, the balance of the pertinent statutory language indicates that once a satisfactory showing of need for the transcripts and inability to pay has been made, the court should direct that such expenses be paid, unless alternative means for timely obtaining the transcripts are available.  This is evident as this section mandates that the public defender's office is required to furnish the relevant transcripts upon making the same findings as the court.  131 H. 333, 319 P.3d 252 (2013).

  Where defendant committed first time violation of §431:10C-104 for operating a vehicle without motor vehicle insurance, the intermediate court of appeals erred in determining that this section did not apply to those accused of first time violations of §431:10C-104 and failing to consider defendant's request for waiver of transcript costs.  Even though a first violation of §431:10C-104 does not meet the Hawaii Penal Code definition of "crime", defendant was a "criminal defendant" for purposes of this section because:  (1) multiple convictions under §431:10C-104 authorized imprisonment; and (2) the legislature specifically intended to give district courts the ability to consider first time §431:10C-104 convictions when imposing sentencing enhancements that require a finding of multiple convictions.  138 H. 243, 378 P.3d 959 (2016).

 

 

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1979–2025 · leading case: Arnold v. Higa, 600 P.2d 1383 (Haw. 1979).
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Arnold v. Higa, 600 P.2d 1383 (Haw. 1979). · cites it 20× “When Petitioner then requested appointment of an investigator to be paid with court funds, as authorized by HRS § 802-7, [1] the Respondent judge denied the motion on grounds that Petitioner was no longer indigent.”
State v. Scott., 319 P.3d 252 (Haw. 2013). · cites it 16× “] HRS § 802-7 (1993) (emphases added). Thus, the public defender’s office obtains and pays for transcripts without having to first receive the court’s approval.”
Ake v. Oklahoma, 470 U.S. 68 (1985). · cites it 2× “216; Haw. Rev. Stat. § 802-7 (Supp. 1983); State v.”
State v. Hoopii, 710 P.2d 1193 (Haw. 1985). · cites it 4× “Appellant subsequently filed a Motion for Expert Witness Funds under HRS § 802-7 (Supp. 1984) in each case. The administrative judge, however, denied both motions.”
State v. Godines., 378 P.3d 959 (Haw. 2016). · cites it 64× “Upon appeal to the Intermediate Court of Appeals (ICA), Godines requested waiver of her transcript costs under HRS § 802-7 (1979). 3 The ICA denied her request for waiver, reasoning that Godines was not a “criminal defendant” as required by the statute.”
State v. Lavoie. ICA s.d.o., filed 08/15/2024 [ada], 154 Haw. 419. Application for Writ of Certiorari, filed 11/25/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 01/08/2025 [ada]. (Haw. 2025). · cites it 23× “HRS § 802-7 (1993) provides for expert fees and costs that are “necessary for an adequate defense.”
State v. Lavoie. ICA s.d.o., filed 08/15/2024 [ada], 154 Haw. 419. Application for Writ of Certiorari, filed 11/25/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 01/08/2025 [ada]. (Haw. 2025). · cites it 23× “HRS § 802-7 (1993) provides for expert fees and costs that are “necessary for an adequate defense.”
Cambridge Mgmt. Inc. v. Jadan., 481 P.3d 63 (Haw. 2021). “It later explained in its summary disposition order that Hawaiʻi Revised Statutes (HRS) § 802-7 (2014), which provides for the waiver of transcript expenses for certain 14 Any errors in the quotations from Jadan’s briefs included in this opinion are in the original and have been…”
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