2012 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
661. Actions By and Against the State
661-3 No jurisdiction, when.
Note
Sections 661-1 to 661-12 designated as Part I by revisor.
§661-3 No jurisdiction, when. No person shall file or prosecute under this chapter any claim for or in respect to which he or any assignee of his has pending an action against a person who, at the time when the claim alleged in the action arose, was, in respect thereto, acting or professing to act, directly or indirectly, under the authority of the State. [L 1894-5, c 26, §3; RL 1925, §2671; RL 1935, §4422; RL 1945, §10477; RL 1955, §245-3; HRS §661-3; am L 1972, c 164, §1(c)]
Case Notes
Section does not prevent joinder of State and person who acted or professed to act under State's authority as defendants in one suit. 9 H. App. 21, 821 P.2d 937.
Where plaintiffs brought individual and class action claims against only the employees' retirement system and did not file a lawsuit against the State while there was a pending action against a person acting under state authority, this section did not bar the circuit court from having jurisdiction. 121 H. 462 (App.), 220 P.3d 1043.
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