2010 Hawaii Code
DIVISION 4. COURTS AND JUDICIAL PROCEEDINGS
TITLE 34. PLEADINGS AND PROCEDURE
634F. Citizen Participation in Government
§634F-1 Definitions.


HI Rev Stat § 634F-1 (2010 through Reg Sess) What's This?

[§634F-1] Definitions. As used in this chapter, unless the context otherwise requires:

"Governmental body" includes a branch, department, agency, instrumentality, official, employee, agent, or other person acting under color of law of the United States, a state, or subdivision of a state or other public authority.

"Judicial claim" or "claim" includes any lawsuit, cause of action, claim, cross-claim, counterclaim, or other judicial pleading or filing requesting relief.

"Lacks substantial justification" means substantially frivolous, substantially groundless, or substantially vexatious.

"Motion" includes any motion to dismiss, for summary judgment, for judgment on the pleadings or to strike, a demurrer, or any other judicial pleading filed to dispose of a judicial claim.

"Moving party" means any person on whose behalf the motion described in section 634F-2 is filed seeking dismissal of the judicial claim.

"Person" includes any individual, corporation, association, organization, partnership, two or more persons having a joint or common interest, or other legal entity.

"Public participation" means any oral or written testimony submitted or provided to a governmental body during the course of a governmental proceeding.

"Responding party" means any person against whom the motion described in section 634F-2 is filed.

"SLAPP" means a strategic lawsuit against public participation and refers to a lawsuit that lacks substantial justification or is interposed for delay or harassment and that is solely based on the party's public participation before a governmental body. [L 2002, c 187, pt of §2]

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