On a motion under section 634G-3(a) the court shall award costs, reasonable attorney’s fees, and reasonable litigation expenses related to the motion:

(1) To the moving party if the moving party prevails on the motion; or
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Terms Used In Hawaii Revised Statutes 634G-9

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

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