Haw. Rev. Stat. § 603-21.5
Jurisdiction of circuit courts: the cases that interpreted this section
51 citing cases reviewed of 57 in the citation index: 27 interpreted the section (annotated below), 24 cited it only in passing. Cases filed after 2026-06-24 may not have been reviewed yet.
Have a situation under Haw. Rev. Stat. § 603-21.5?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Later changes in law
Changes after the earliest notes below. A note stating a rule one of these changed is marked "Law changed since".
- 1998-04-29 Act 64 added subsection (b), giving circuit courts concurrent jurisdiction with family courts over specified family court offenses when charged with another qualifying offense. Source
- 2004-04-23 Act 18 added violations of § 711-1106.4 to the matters within circuit and family courts' concurrent jurisdiction under subsection (b). Source
- 2005-01-01 Act 161 of 2004 added guardianships and related proceedings concerning incapacitated adults under chapter 560, article V, to subsection (b)'s concurrent jurisdiction. Source
- 2008-05-23 Act 107 added subsection (a)(4), giving circuit courts jurisdiction over actions to impeach county officers subject to impeachment. Source
- 2017-07-11 Act 188 expanded subsection (b)(2)'s concurrent jurisdiction to cover mixed felony charges that also include a violation of §§ 709-903.5, 709-904, or 709-905. Source
- 2026-08-26 State v. Amasiu clarified that § 571-14(a)(1) gives family court exclusive authority to try an offense against a child by the child's parent unless § 603-21.5(b)'s conditions for concurrent trial jurisdiction are met; circuit court nonetheless has authority under § 603-21.5(a)(1) and chapter 806 to receive a felony information and determine probable cause. Source
Circuit court jurisdiction over criminal offenses
Section 603-21.5 gives circuit courts jurisdiction over all state criminal offenses unless another law expressly provides otherwise, and that jurisdiction continues after a defendant demands a jury trial and later withdraws a not-guilty plea when no clear remand rule applies.
State v. Villados · filed 1974-03-27
HRS § 603-21.5 confers upon the circuit courts jurisdiction of all “criminal offenses cognizable under the laws of the State,” except for those offenses “otherwise expressly provided.” ... Applying this principle to the instant case, we find that where the statutes do not clearly mandate remand to the district court, the withdrawal of the plea of not guilty to a misdemeanor charge subsequent to an initial plea of not guilty and a demand for jury trial does not divest the circuit court of its continuing jurisdiction of the case. Thus the circuit court properly accepted the plea of nolo contendere and imposed sentence in this case.Read the full opinion on CourtListener →
Section 603-21.5 gives circuit courts subject-matter jurisdiction over civil actions and proceedings unless the State Constitution or another statute precludes jurisdiction.
Sherman v. Sawyer · filed 1980-12-26(3)
HRS § 603-21.5 gives the circuit court subject matter jurisdiction over civil actions and proceedings. Thus, the circuit court has jurisdiction over all civil causes of action unless precluded by the State Constitution or by statute.Read the full opinion on CourtListener →
Section 603-21.5(3) gives circuit courts broad jurisdiction over civil actions and proceedings, including a quiet-title claim joined with a determination and declaration of heirs, unless precluded by the Constitution or statute.
In Re the Determination & Declaration of the Heirs of Keamo · filed 1982-09-14(3)
HRS § 669-1 (c) confers on the circuit court jurisdiction over a quiet title action, the venue being in the circuit in which the property is located. An action to quiet title is a § 603-21.5 civil action or proceeding. We hold that under the broad statutory language of § 603-21.5, the court below had jurisdiction to adjudicate both a § 603-21.7(a)(1) determination and declaration of heirs matter and a § 669-1 quiet title claim.Read the full opinion on CourtListener →
Section 603-21.5 gives Hawaii circuit courts jurisdiction over civil actions and proceedings, allowing them to decide whether a Motor Vehicle Industry Licensing Act provision is facially unconstitutional.
HOH Corp. v. Motor Vehicle Industry Licensing Board · filed 1987-05-11
And the several circuit courts of the State have power to decide whether a provision of the Motor Vehicle Industry Licensing Act, on its face, is unconstitutional. For they “have jurisdiction, except as otherwise expressly provided by statute, of: ... [c]ivil actions and proceedings.” HRS § 603-21.5.Read the full opinion on CourtListener →
Section 603-21.5 gives circuit judges the criminal-offense jurisdiction underlying their authority to issue pen-register warrants under § 603-21.9(6).
State v. Rothman · filed 1989-08-10
The language of HRS § 603-21.9(6) is certainly broad enough to authorize circuit judges, in the exercise of the power over criminal offenses, given them under HRS § 603-21.5, to issue search warrants for the installation of such devices and the obtaining of such information. ... We agree, therefore, that under the statutes a circuit judge, and only a circuit judge, had the power to issue the warrant in question. Accordingly, since the warrant and the extensions thereof were signed by a district judge, they were invalid.Read the full opinion on CourtListener →
Section 603-21.5(1) gives the circuit court jurisdiction over all DUI cases because DUI is a criminal offense.
State v. Dwyer · filed 1995-05-09(1)
In Lau, we held that DUI is a criminal offense and not a traffic offense. Therefore, the plain language of HRS § 603-21.5, coupled with our holding in Lau, clearly establishes that HRS § 603-21.5 confers jurisdiction upon the circuit court over all DUI cases.Read the full opinion on CourtListener →
Section 603-21.5 gives circuit courts jurisdiction over civil actions and proceedings unless the State Constitution or another statute expressly precludes it.
State Ex Rel. Bronster v. Yoshina · filed 1997-01-28
Under HRS section 603-21.5, the circuit courts have jurisdiction “over all civil causes of action unless precluded by the State Constitution or by statute.” Sherman v. Sawyer, 63 Haw. 55, 58, 621 P.2d 346, 349 (1980). Clearly, the trial court had jurisdiction under this statute to consider the attorney general’s request for a declaratory judgment and related injunctions. We hold that the circuit court had jurisdiction in this action.Read the full opinion on CourtListener →
Section 603-21.5 gives the circuit courts jurisdiction over civil actions and proceedings unless another statute expressly provides otherwise.
Frank v. Hawaii Planing Mill Foundation · filed 1998-07-02(3)
In this case, Frank’s complaint alleged a common-law tort action and nothing else. Nowhere in the complaint was there any mention of a claim for workers’ compensation benefits or any other claim over which the circuit court could not properly assume original jurisdiction. Because HRS § 603-21.5 grants jurisdiction to the “several circuit courts” over “civil actions and proceedings” unless “otherwise expressly provided by statute[,]” the circuit court properly assumed subject matter jurisdiction over Frank’s case.Read the full opinion on CourtListener →
Section 603-21.5(3) gives circuit courts jurisdiction over civil actions and proceedings unless another statute expressly provides otherwise.
State v. Medeiros · filed 1999-01-11(3)
HRS § 603-21.5 provides in relevant part that "[t]he several circuit courts shall have jurisdiction, except as otherwise expressly provided by statute, of: ... (3) Civil actions and proceedings [.]" ... In short, it appears that the legislature has accorded the circuit courts the power to issue whatever orders are "necessary" to "carry into full effect the[ir] powers” and for the "promotion" or "furtherance” of justice, unless specifically prohibited by statute. ... Accordingly, despite the fact that Medeiros's motion was brought incident to his criminal conviction, the circuit court had subject matter jurisdiction over his motion for an injunction.Read the full opinion on CourtListener →
Section 603-21.5 supplies the circuit court's jurisdiction over the criminal prosecution, making any defect in the family court's jurisdiction immaterial when a circuit court judge presides.
State v. Pedro. · filed 2021-06-04
The Circuit Court of the Second Circuit had jurisdiction under HRS § 603-21.5, and family courts are “divisions of the circuit courts of the State . . . ” HRS § 571-3.Read the full opinion on CourtListener →
Section 603-21.5 gives Hawaiʻi circuit courts subject-matter jurisdiction over civil actions and proceedings.
Nakaoka v. Shizuru. · filed 2022-09-01
Here, given that HRS § 603-21.5 grants the circuit courts subject matter jurisdiction over civil actions and proceedings, and HRS § 508D-18 does not state that mediation is a jurisdictional prerequisite to filing suit, we conclude that the failure to mediate in these circumstances did not divest the Circuit Court of subject matter jurisdiction.Read the full opinion on CourtListener →
Section 603-21.5(a)(1) gives circuit courts jurisdiction over criminal offenses cognizable under state law that were committed in the circuit or transferred there by change of venue.
State v. Obrero. · filed 2022-09-08(a)(1)
And under HRS § 603-21.5(a)(1), the circuit courts have jurisdiction over “[c]riminal offenses cognizable under the laws of the State, committed within their respective circuits or transferred to them for trial by change of venue from some other circuit court.” ... By charging Obrero with committing “[c]riminal offenses cognizable under the laws of the State, committed within [the First Circuit],” the complaint satisfied HRS § 603-21.5(a)(1)’s requirements for invoking the Circuit Court of the First Circuit’s subject-matter jurisdiction.Read the full opinion on CourtListener →
Section 603-21.5(a)(1) gives the circuit court jurisdiction over cognizable criminal offenses committed within its circuit, and a complaint committed from the district court can satisfy that requirement without being refiled.
State v. Bautista · filed 2023-02-28(a)(1)
Because the complaint charged Bautista with cognizable offenses within the second circuit, the requirements of HRS § 603-21.5(a)(1) were satisfied.Read the full opinion on CourtListener →
Subsection (a)(3) gives the circuit courts general jurisdiction over civil cases.
Hawaiian Ranchos Road Maintenance Corporation v. Halvorsen · filed 2026-06-24(a)(3)
The circuit courts have general jurisdiction over civil cases. HRS § 603-21.5(a)(3) (2016). The circuit court had jurisdiction over the subject matter of Corporation's amended complaint.Read the full opinion on CourtListener →
Section 603-21.5(a) gives Hawaiʻi circuit courts jurisdiction over criminal offenses cognizable under state law.
Guity v. State of Hawaii · filed 2022-01-11(a)
As a former judge for the State of Hawai`i, First Circuit Court, Judge Ahn had general jurisdiction over criminal proceedings.3 See Haw. Rev. Stat. § 603-21.5(a) (“The several circuit courts shall have jurisdiction . . . of: (1) Criminal offenses cognizable under the laws of the State . . . .”). Judge Ahn therefore “did not act in the clear absence of all jurisdiction.” See Sakuma, 2009 WL 89119, at *3.Read the full opinion on CourtListener →
General jurisdiction of circuit courts
Section 603-21.5 provides the circuit courts' general jurisdiction and, together with section 632-1, supplies the jurisdictional basis for declaratory-relief actions.
Citizens for the Protection of the North Kohala Coastline Ex Rel. Withington v. County of Hawai'i · filed 1999-07-13
Citizens instead relies on substantive statutes such as HRS §§ 46-1 (1993), 205-1 (1993), 343-1 (1993) and 92-12(b) (1993), which do not confer subject matter jurisdiction on the circuit court. Regardless of the erroneous recitation by Citizens’ attorneys, it is clear that the relief being sought was based on HRS §§ 603-21.5 (1993) (general jurisdiction of the circuit courts) and 632-1 (1993) (declaratory judgments). Thus, the circuit court properly accepted jurisdiction.Read the full opinion on CourtListener →
Circuit court jurisdiction—civil actions and proceedings
Section 603-21.5 gives circuit courts jurisdiction over civil actions unless a statute expressly provides otherwise; an entity’s lack of attorney representation does not remove that jurisdiction.
Alexander & Baldwin , LLC v. Armitage. · filed 2022-04-05
Preliminarily, we reject the view of some jurisdictions that the absence of an attorney, where required, is jurisdictional. ... HRS § 603-21.5 (Supp. 2017) provides that the “circuit courts shall have jurisdiction, except as otherwise expressly provided by statute, of . . . [c]ivil actions and proceedings.”Read the full opinion on CourtListener →
Section 603-21.5(a)(3) gives the circuit courts an independent subject-matter jurisdictional basis over civil actions and proceedings, including the County's declaratory-relief action.
County of Kaua'i Ex Rel. Nakazawa v. Baptiste · filed 2007-08-07(a)(3)
However, as indicated above, the County’s first amended complaint asserted jurisdiction pursuant to HRS § 603-21.5, quoted supra note 4, which provides the “independent jurisdictional basis” required by Kaluna. See State ex rel. Bronster v. Yoshina, 84 Hawai'i 179, 184, 932 P.2d 316, 321 (1997) (stating that the circuit court had jurisdiction pursuant to HRS § 603-21.5 to consider attorney general’s request for declaratory relief brought pursuant to HRS § 603-23). We, therefore, hold that the circuit court had subject matter jurisdiction over this case.Read the full opinion on CourtListener →
Section 603-21.5(a) gives the circuit court jurisdiction over civil actions, including civil claims seeking $1 million in damages for theft, defamation, identity theft, fraud, and medical tort.
NASH-GIVENS v. Richardson · filed 2008-04-08(a)
Here, Appellant sought damages amounting to $1 million for alleged theft by Appellee, as well as for defamation, identity theft, fraud, and medical tort, civil claims which fall within the jurisdiction of the circuit court. HRS § 603-21.5(a). We conclude, therefore, that the circuit court erred in holding, as a matter of law, that it lacked subject-matter jurisdiction over Appellant's case.Read the full opinion on CourtListener →
Section 603-21.5(3) gives the circuit court jurisdiction over civil actions and proceedings unless a statute precludes that jurisdiction.
Haines v. Haines · filed 2009-01-22(3)
Accordingly, the circuit court, which has jurisdiction over civil actions and proceedings unless precluded by statute, has jurisdiction over the complaint. HRS § 603-21.5(3) (Supp. 2007) .Read the full opinion on CourtListener →
Section 603-21.5 gives circuit courts jurisdiction over civil actions and proceedings unless the Constitution or a statute expressly precludes it.
Alohacare v. Department of Human Services, State of Hawaii. · filed 2012-05-11
HRS § 603-21.5 (Supp.2005) provides in pertinent part that the several circuit courts shall have jurisdiction, ‘except as otherwise expressly provided by statute,’ of ‘[e]ivil actions and proceedings[.]’ According to Sherman, ‘the circuit court has jurisdiction over all civil causes of action unless precluded by the State Constitution or by statute.’ 63 Haw. at 58, 621 P.2d at 349. Thus, the courts have subject matter jurisdiction over ‘civil actions and proceedings^]’ and it is presumed that the courts have jurisdiction, unless the legislature, ‘expresslyU’ provides otherwise by statute. HRS § 603-21.5.Read the full opinion on CourtListener →
Section 603-21.5 gives circuit courts jurisdiction over civil actions and proceedings unless another statute expressly provides otherwise.
Alaka'i Na Keiki, Inc. v. Matayoshi · filed 2012-05-11
According to Sherman, “the circuit court has jurisdiction over all civil causes of action unless precluded by the State Constitution or by statute.” 63 Haw. at 58, 621 P.2d at 349. Thus, the courts have subject matter jurisdiction over “civil actions and proceedings[,]” and it is presumed that the courts have jurisdiction, unless the legislature “expressly” provides otherwise by statute. HRS § 603-21.5.Read the full opinion on CourtListener →
Section 603-21.5(a)(3) vests Hawaiʻi circuit courts with general jurisdiction over civil actions and proceedings.
In re: Application of Natalie Au Nishida · filed 2021-11-22(a)(3)
“[B]y statute, the state legislature has vested the circuit courts with general jurisdiction over 'civil actions and proceedings,' and specific jurisdiction over mortgage foreclosure actions.” First Hawaiian Bank v. Timothy, 96 Hawai#i 348, 356, 31 P.3d 205, 213 (App. 2001) (original brackets and citation omitted); see HRS § 603-21.5(a)(3) (Supp. 2013) (civil actions and proceedings); HRS chapter 667, part IA (1993 & Supp. 2013) (judicial foreclosure actions). ... Here, the Circuit Court had subject matter jurisdiction over the Foreclosure Case and personal jurisdiction over the successful bidder at the foreclosure sale.Read the full opinion on CourtListener →
Section 603-21.5(a)(3) gives the circuit court jurisdiction over civil actions, including a civil claim for declaratory relief.
Cordery v. Ige · filed 2023-02-22(a)(3)
Rather, the jurisdiction to consider the merits of a claim for declaratory relief is with the circuit court. See HRS § 632-1(b) (providing relief by declaratory judgment “may be granted in civil cases”); HRS § 603-21.5(a)(3) (2016 & Supp. 2021) (establishing the circuit court with jurisdiction of civil actions).Read the full opinion on CourtListener →
Section 603-21.5 gives Hawai'i circuit courts jurisdiction over civil actions unless the state constitution or another statute precludes it.
County of Hawai'i v. C & J Coupe Family Ltd. Partnership · filed 2008-12-24(a)(3)
Relying on HRS § 603-21.5, this court has declared that “the circuit court has jurisdiction over all civil causes of action unless precluded by the [sjtate [cjonstitution or by statute.” Sherman v. Sawyer, 63 Haw. 55, 58, 621 P.2d 346, 349 (1980) (emphasis added). ... It is concluded that, as a general rule, the court has subject matter jurisdiction over eminent domain proceedings.Read the full opinion on CourtListener →
Concurrent jurisdiction over offenses against children
Law changed since The Hawaii Supreme Court in State v. Amasiu (Aug. 26, 2026) rejected this broader concurrent-jurisdiction rationale: family court has exclusive authority to try a single offense against a child by the child's parent, while circuit court may receive the felony information and determine probable cause; subsection (b) permits concurrent trial jurisdiction only when its stated conditions are met.
Section 603-21.5(b) permits circuit-court jurisdiction concurrent with the family court over an offense against a child by the child's parent, so filing the information in circuit court did not create a material jurisdictional defect for tolling the limitations period.
State v. Amasiu · filed 2024-11-15(b)
HRS § 603-21.5(b) governs when the circuit court has concurrent jurisdiction with the family court. ... Here, the First Felony Information was filed in the circuit court. About a month later, the Second Felony Information was filed in family court and the First Felony Information was dismissed. Because the family courts are divisions of the circuit court, any potential jurisdictional defect in filing the First Felony Information in circuit court for purposes of tolling the statute of limitations was immaterial. See State v. Pedro, 149 Hawaiʻi 256, 263 n.2, 488 P.3d 1235, 1242 n.2 (2021) (explaining "[a]ny potential jurisdictional defect [was] immaterial" because the circuit court "had jurisdiction under HRS § 603-21.5, and family courts are divisions of the circuit courts of the State") (citation and internal quotation marks omitted).Read the full opinion on CourtListener →
Circuit court jurisdiction — equitable estoppel
Section 603-21.5(a)(3) gives the circuit court subject matter jurisdiction over an equitable estoppel claim.
Tran v. Department of Planning For the County of Maui · filed 2025-03-20(a)(3)
The circuit court had subject matter jurisdiction over the equitable estoppel claim under HRS § 603-21.5(a)(3) (2016).Read the full opinion on CourtListener →
24 more cases cited this section only in passing
These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.
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