§232-5 Small claims. (a) The tax appeal court shall establish by rule a small claims procedure that, to the greatest extent practicable, shall be informal; provided that:
(1) No pretrial discovery shall be allowed without the prior written approval of the court; and
(2) Costs and fees awarded to the prevailing party shall be limited to fees paid directly to the court in the course of conducting the tax appeal at issue.
(b) Any protesting taxpayer who would incur a total tax liability, not including penalties and interest, of less than $1,000, by reason of the protested assessment or payment in question, may elect to employ the procedure established by this section upon:
(1) Payment per taxpayer of a nonrefundable filing fee set pursuant to rules adopted by the supreme court, which shall not exceed $25; and
(2) Filing with the tax appeal court a written statement of the facts in the case, together with a waiver of the right to further appeal.
The tax appeal court shall cause a notice of the appeal and a copy of the statement to be served on the director of taxation and in the case of an appeal from a decision involving a county as a party, the real property assessment division of the county involved. [L 1967, c 231, §6; HRS §232-5; am L 1997, c 152, §1; am L 2004, c 202, §19; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2011, c 167, §1]
Cross References
Payments under protest, see §40-35.
Rules of Court
Small claims procedure, see Rules of the Tax Appeal Court, part II.
Structure Hawaii Revised Statutes
232-1 Appeals by persons under contractual obligations.
232-2 Assessment in accordance with return no cause of grievance.
232-3 Grounds of appeal, real property taxes.
232-6 Taxation board of review; appointment, removal, compensation.
232-7 Taxation board of review; duties, powers, procedure before.
232-8 Judges; assignment of cases.
232-9 Clerk; reporter; custody of records.
232-10 Sessions held where, when.
232-11 Court of record; general duties, powers, seal.
232-12 Powers when hearing appeals.
232-13 Hearing de novo; bill of particulars.
232-15 Appeal to taxation board of review.
232-16 Appeal to tax appeal court.
232-17 Appeals from taxation board of review to tax appeal court.
232-18 Certificate of appeal to tax appeal court.
232-21 Appellate court may admit additional evidence.