2012 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
661. Actions By and Against the State
661-8 Interest.
Note
Sections 661-1 to 661-12 designated as Part I by revisor.
§661-8 Interest. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the court, unless upon a contract expressly stipulating for the payment of interest, or upon a refund of a payment into the "litigated claims fund" as provided by law. [L 1894-5, c 26, §8; RL 1925, §2676; RL 1935, §4427; RL 1945, §10482; am L 1951, c 224, §4; RL 1955, §245-8; HRS §661-8]
Cross References
Litigated claims fund, see §§40-35, 232-24.
Case Notes
Section does not preclude prejudgment interest where the State is not involved. 51 H. 346, 461 P.2d 140.
As this section disallows prejudgment interest on claims against the State, except in certain, identified instances, the State did not waive its sovereign immunity from an award of prejudgment interest under this section, and §478-2 did not contradict or supersede the limitation of the State's obligation to pay prejudgment interest only upon a "contract expressly stipulating for the payment of interest", the circuit court did not err when it denied plaintiffs' request for prejudgment interest. 122 H. 150 (App.), 223 P.3d 215.
Mentioned: 654 F. Supp. 2d 1142.
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