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HRS §603-21.7

When judges decide cases without a jury

This section gives circuit courts the power to hear certain cases without a jury, unless a law says a jury is required. These cases include deciding who inherits from someone who died, dividing property, handling trusts, foreclosing mortgages, forcing someone to do what a contract says, and certain court orders. It also covers special court orders like habeas corpus and other legal actions.

beneficiariesborrowersbuyerscontractorscourtscreditorsdebtorsheirslandownersmortgage lenderspersonal representativesspousestrustees

The statute, as written — Nonjury cases

The several circuit courts shall have jurisdiction, without the intervention of a jury except as provided by statute, as follows: (1) Of actions or proceedings: (A) For the determination and declaration of heirs of deceased persons, which jurisdiction shall be in addition to the probate jurisdiction of the court; (B) For the admeasurement of dower and curtesy, or the partition of real estate; and (C) For the enforcement and regulation of the execution of trusts, whether the trusts relate to real or personal estate; for the foreclosure of mortgages; and for the specific performance of contracts; provided that, except when a different provision is made, they shall have original and exclusive jurisdiction of all other cases in the nature of suits in equity, according to the usages and principles of courts of equity; and (2) Of actions or proceedings in or in the nature of habeas corpus, prohibition, mandamus, quo warranto, and all other proceedings in or in the nature of applications for writs directed to courts of inferior jurisdiction, to corporations and individuals, as may be necessary to the furtherance of justice and the regular execution of the law.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.