607-3

Court costs, waiver of prepayment, reduction or remission of

§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).