§607-3 Court costs, waiver of prepayment, reduction or remission of. The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary cases, the cost of any suit, action, or proceeding may, to the judges, appear onerous. [L 1923, c 101, § §1, 2; RL 1925, §2545; RL 1935, §3794; am L 1939, c 19, §3; RL 1945, §9743; RL 1955, §219-3; HRS §607-3; am L 1970, c 188, §39; am L 1972, c 88, §5(b)]
Case Notes
Where payment of $275 in fees well exceeded prisoner petitioner's meager earnings and "savings" and, thus, would be excessively burdensome, to require the payment of such costs under the circumstances clearly exceeded "the bounds of reason"; thus, it was an abuse of discretion for the trial court to deny petitioner's request to proceed in forma pauperis pursuant to this section. 113 H. 315, 151 P.3d 796 (2007).
In exercising discretion, court may consider movants' estate or their net worth. 2 H. App. 1, 625 P.2d 378 (1981).
Cited: 31 H. 242, 254 (1930); 32 H. 385, 386 (1932); 35 H. 563 (1940); 35 H. 564 (1940); 35 H. 682 (1940); 44 H. 613, 623, 359 P.2d 932 (1961).
Structure Hawaii Revised Statutes
Title 32. Courts and Court Officers
607-1 Power of supreme court with respect to costs and fees.
607-1.5 Court interpreting services revolving fund.
607-2 Fees to be accounted for.
607-2.5 Exemption of costs and fees.
607-3 Court costs, waiver of prepayment, reduction or remission of.
607-5.7 Surcharge for indigent legal services.
607-7 Deposit and payment of fees and costs on appeal.
607-8.5 Assessment for bench warrant issuance.
607-9 Cost charges exclusive; disbursements. "Petition, plea or paper".
607-12 Witnesses' fees, mileage; taxation.
607-13 Costs; defendant's traveling expenses taxable items in certain events.
607-14 Attorneys' fees in actions in the nature of assumpsit, etc.
607-14.5 Attorneys' fees and costs in civil actions.
607-14.7 Attorney's fees, costs, and expenses; judgment creditors.
607-14.9 Actions to enforce covenants not to compete.
607-15.5 Attorneys' fees in tort actions.
607-16 In both courts, when; set off against judgment, when.
607-18 Compensation of trustees.
607-20 Charitable trusts, special provisions.
607-23 Fees of commissioners, appraisers, etc.
607-24 No bonds or costs to be filed or paid by government.
607-25 Actions based on failure to obtain government permit or approvals; attorney's fees and costs.