HB 1821 Summary

• Restricts declaratory judgments to cases where a legally cognizable injury has not yet occurred and consequential relief could not be claimed at the time of filing.

• Prohibits declaratory judgments in six specific instances: district courts, tax controversies, constitutional interpretation matters, divorce/annulment cases, cases with statutory remedies, and cases where another cause of action exists.

• Requires plaintiffs to establish injury-in-fact standing by proving: (1) actual or threatened injury to a legally protected interest, (2) injury fairly traceable to defendant's actions, and (3) likelihood that a favorable decision will provide relief.

• Mandates that injuries be distinct and palpable rather than abstract, conjectural, hypothetical, or generally available grievances affecting the public at large.

• Removes language allowing declaratory judgments as an alternative remedy when other causes of action exist, reversing the effect of Act 74, Session Laws of Hawaii 1945.