reglab/housing_qa huggingface dataset:
HI Rev Stat § 636-5 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636. Judgment|636-5 Action on judgment; penalty for failure to credit payments.

  §636-5 Action on judgment; penalty for failure to credit payments. Whenever in any action brought on a prior judgment, the complaint fails to credit prior payments on the judgment, the defendant shall be entitled to offset against the true balance due on the judgment an amount double the amount of any such credit in addition to any other penalties by law prescribed in such circumstances unless the plaintiff shall show that the existence or amount of the credit was in bona fide dispute or that the failure to set forth the credit was inadvertent or the result of an honest mistake. [L 1972, c 89, §3(c)]
HI Rev Stat § 636-15 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636. Judgment|636-15 Default judgments.

  §636-15 Default judgments. Upon application for a judgment by default:  (1) If the taking of evidence is required or ordered and the matter is one which would have been tried before a jury had there been no default, the court shall accord a right of trial by jury unless the court in its discretion upon motion orders trial without jury on any or all issues.  (2) If a defendant served by publication has not appeared in the action, the court shall require proof to be made of the allegations of the complaint. [L 1972, c 89, §3(d)]
HI Rev Stat § 636C-1 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-1 Short title.

  §636C-1 Short title. This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act. [L 1983, c 31, pt of §1]
HI Rev Stat § 636C-2 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-2 Definition.

  §636C-2 Definition. In this chapter "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this State. [L 1983, c 31, pt of §1]
HI Rev Stat § 636C-3 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-3 Filing and status of foreign judgments.

  §636C-3 Filing and status of foreign judgments. A copy of any exemplified foreign judgment may be filed in the office of the clerk of the appropriate court of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this State, including establishing a lien, and may be enforced or satisfied in like manner. [L 1983, c 31, pt of §1; am L 1990, c 203, §6]
HI Rev Stat § 636C-4 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-4 Notice of filing.

  §636C-4 Notice of filing. (a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.  (b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The failure by the clerk to mail notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. [L 1983, c 31, pt of §1]
HI Rev Stat § 636C-5 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-5 Stay.

  §636C-5 Stay. (a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.  (b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this State would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State. [L 1983, c 31, pt of §1]
HI Rev Stat § 636C-6 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-6 Fees.

  §636C-6 Fees. Any person filing a foreign judgment shall pay $100 to the clerk of the court. Fees for docketing, transcription, or other enforcement proceedings shall be as provided by law for judgments of the court of this State. [L 1983, c 31, pt of §1; am L 1998, c 128, §6]
HI Rev Stat § 636C-7 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-7 Optional procedures.

  §636C-7 Optional procedures. The right of a judgment creditor to bring an action to enforce a judgment instead of proceeding under this chapter remains unimpaired. [L 1983, c 31, pt of §1]
HI Rev Stat § 636C-8 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636C. Uniform Enforcement of Foreign Judgments Act|636C-8 Uniformity of interpretation.

  §636C-8 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [L 1983, c 31, pt of §1]
HI Rev Stat § 641-12 (2021)
2021 Hawaii Revised Statutes|Title 35. Appeal and Error|641. Appeals|641-12 From district courts.

  §641-12 From district courts.  [(a)] Appeals upon the record shall be allowed from all final decisions and final judgments of district courts in all criminal matters. Such appeals may be made to the intermediate appellate court, subject to chapter 602, whenever the party appealing shall file notice of the party's appeal within thirty days, or such other time as may be provided by the rules of the court.  [(b)] Within a reasonable time after an appeal has been perfected from a decision of a district court to the appellate court in a criminal matter, it shall be incumbent upon the district court to make a return thereof, together with all papers and exhibits filed in such case.  [(c)] It shall be the duty of the clerk of the supreme court to transmit within a reasonable time, to the district court from whose decision the appeal was made, a statement showing the disposition of the case. [L 1972, c 89, pt of §5; HRS §641-11.5; ren HRS §641-12; am L 1979, c 111, §6(3); gen ch 1985; am L 2004, c 202, §69; am L 2006, c 94, §1; am L 2010, c 109, §1] Rules of Court  Appeals, when taken, see HRAP rule 4. Case Notes  The supreme court does not have jurisdiction to entertain appeals from interlocutory orders of the district courts in criminal cases. 57 H. 133, 552 P.2d 75 (1976); 62 H. 297, 613 P.2d 362 (1980).  Where defendant's interlocutory appeal from district court's denial of defendant's motion to dismiss on double jeopardy grounds did not satisfy prerequisites of collateral order exception, supreme court did not have to decide whether exception may apply to appeals from collateral orders of district court. 82 H. 446, 923 P.2d 388 (1996).  Where sentence imposed was not the final sentence because the district court expressly left open the possibility that its sentence of defendant might include an order requiring defendant to pay restitution, and the court did not finally decide whether it would order defendant to pay restitution and, if so, in what amount, the judgment was not final and, because it was not final, it was not appealable. 109 H. 435 (App.), 127 P.3d 95 (2005).
HI Rev Stat § 641-14 (2021)
2021 Hawaii Revised Statutes|Title 35. Appeal and Error|641. Appeals|641-14 Stay in criminal cases.

  §641-14 Stay in criminal cases. (a) The filing of a notice of appeal or the giving of oral notice in open court at the time of sentence by the defendant or the defendant's counsel of intention to take an appeal may operate as a stay of execution and may suspend the operation of any sentence or order of probation, in the discretion of the trial court. If the court determines that a stay of execution is proper, the court shall state the conditions under which the stay of execution is granted. No stay granted on the giving of oral notice shall be operative beyond the time within which an appeal may be taken; provided that if an appeal is properly filed, the stay shall continue in effect as if the stay was based on a filing of the appeal.  The court may revoke the stay of execution or amend the conditions thereof for a violation of the conditions of the stay of execution.  (b) Admission to bail after the giving of oral notice in open court of intention to take an appeal or upon an appeal shall be as provided in the rules of court. [L 1892, c 95, §7; RL 1925, §2528; am L 1925, c 211, §3; RL 1935, §3555; RL 1945, §9556; RL 1955, §212-6; HRS §641-16; am L 1972, c 89, pt of §5; ren HRS §641-14; am L 1978, c 225, §1; gen ch 1985]
HI Rev Stat § 641-15 (2021)
2021 Hawaii Revised Statutes|Title 35. Appeal and Error|641. Appeals|641-15 Service.

  §641-15 Service. Service of a copy of the notice of appeal shall be made upon the adverse party or the adverse party's attorney of record as provided by the rules of court. [L 1892, c 95, pt of §8; am L 1919, c 44, §7; RL 1925, §2530; RL 1935, §3557; RL 1945, §9558; RL 1955, §212-8; HRS §641-18; am L 1972, c 89, pt of §5; ren HRS §641-15; gen ch 1985]
HI Rev Stat § 641-17 (2021)
2021 Hawaii Revised Statutes|Title 35. Appeal and Error|641. Appeals|641-17 Interlocutory appeals from circuit courts, criminal matters.

  §641-17 Interlocutory appeals from circuit courts, criminal matters. Upon application made within the time provided by the rules of court, an appeal in a criminal matter may be allowed to a defendant from the circuit court to the intermediate appellate court, subject to chapter 602, from a decision denying a motion to dismiss or from other interlocutory orders, decisions, or judgments, whenever the judge in the judge's discretion may think the same advisable for a more speedy termination of the case. The refusal of the judge to allow an interlocutory appeal to the appellate court shall not be reviewable by any other court. [L 1892, c 57, §74; am L 1898, c 40, §2; am L 1903, c 32, §18; am L 1905, c 13, §1; RL 1925, §2515; RL 1935, §3530; RL 1945, §9531; RL 1955, §210-1; HRS §641-31; am L 1972, c 89, pt of §5; ren HRS §641-17; am L 1979, c 111, §6(6); gen ch 1985; am L 2004, c 202, §71; am L 2006, c 94, §1; am L 2010, c 109, §1] Case Notes  This section is source of power to allow interlocutory appeal. 44 H. 613, 617, 359 P.2d 932 (1961).  Trial court shall carefully consider whether an interlocutory appeal will more speedily determine litigation, and set forth its reasons if it so concludes. 67 H. 510, 694 P.2d 388 (1985).  While trial court's permission generally required before bringing interlocutory appeal, not necessary where trial court denies pretrial motion to dismiss an indictment on double jeopardy grounds. 79 H. 461, 903 P.2d 1282 (1995).  Where defendant failed to file notice of interlocutory appeal within thirty days from the date the order appealed from was entered, as required by HRAP rule 4(b), defendant's appeal dismissed for lack of appellate jurisdiction. 88 H. 404, 967 P.2d 236 (1998).  Where the case was a criminal matter filed by plaintiff State of Hawaii against defendant and the police department (HPD) was not a party to the case, HPD, as a nonparty, was not authorized to appeal the respondent judge's order denying HPD's motion to quash defendant's subpoena duces tecum pursuant to §641-11 if judgment was entered against defendant; HPD was also not authorized to appeal the order pursuant to the interlocutory appeal statute for defendants under this section, or the appeal statute for the prosecution, §641-13; having no remedy by way of appeal, HPD properly sought redress from the order by mandamus. 122 H. 204, 225 P.3d 646 (2010).  Cited: 77 H. 351, 884 P.2d 729 (1994).
HI Rev Stat § 641-18 (2021)
2021 Hawaii Revised Statutes|Title 35. Appeal and Error|641. Appeals|641-18 Time for appeal in case of suspended sentence.

  §641-18 Time for appeal in case of suspended sentence. Whenever in any criminal cause an order suspending the imposition or execution of the sentence is entered by a district or circuit court, the order shall for the purposes of appeal be deemed a final judgment and the time within which to perfect any appeal in any such cause shall commence to run from the entry thereof. [L 1941, c 66, §1; RL 1945, §9502; RL 1955, §208-2; HRS §641-41; am L 1970, c 188, §39; am L 1972, c 89, pt of §5; ren HRS §641-18] Rules of Court  What constitutes judgment and entry of judgment, see HRPP rule 32(c).
HI Rev Stat § 641-31 (2021)
2021 Hawaii Revised Statutes|Title 35. Appeal and Error|641. Appeals|641-31 Bonds, costs, failure to file or pay, defects.

  §641-31 Bonds, costs, failure to file or pay, defects. Failure of an appellant to file a bond or to pay costs, or informality or insufficiency of a bond or payment of costs, does not affect the validity of the appeal, but is ground only for such remedies as are specified by the rules of court or, when no remedy is specified, for such action as the court having jurisdiction deems appropriate, which may include dismissal of the appeal. [L 1895, c 25, §2; am L 1905, c 14, §1; RL 1925, §2538; RL 1935, §3506; RL 1945, §9508; am L Sp 1949, c 41, §1; RL 1955, §208-8; HRS §641-43; am L 1972, c 89, pt of §5; ren HRS §641-31] Rules of Court  Bond on motion for new trial, see HRCP rule 62. Case Notes  The effectiveness of a notice of appeal is not conditioned upon payment of costs. 57 H. 168, 552 P.2d 355 (1976).
HI Rev Stat § 641-32 (2021)
2021 Hawaii Revised Statutes|Title 35. Appeal and Error|641. Appeals|641-32 Liability on bond, how enforced.

  §641-32 Liability on bond, how enforced. [(a)] By entering into a bond for costs or to stay the execution of any proceedings to enforce a judgment, the surety submits oneself to the jurisdiction of the court, irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served, and agrees that the surety's liability may be enforced on motion without the necessity of an independent action.  [(b)] The papers served on the clerk as statutory agent for the surety shall be mailed by the clerk to the surety if the surety's address is known. [L 1895, c 25, §4; RL 1925, §2540; RL 1935, §3508; RL 1945, §9510; RL 1955, §208-10; HRS §641-45; am L 1972, c 89, pt of §5; ren HRS §641-32; gen ch 1993]
HI Rev Stat § 651-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-1 General provisions.

Rules of Court See HRCP rule 64; DCRCP rule 64.  §651-1 General provisions. (a) This chapter shall apply to circuit and district courts. A judge of any court of record may make any order at chambers which may by the provisions of this chapter be made by the court in term time. When the proceedings are before a district judge, the judge shall be regarded as the clerk of the court for all purposes contemplated herein. Nothing in this chapter shall be construed to permit a district judge to issue a writ of attachment to be served out of the circuit in which the judge's court is situated, or to permit an attachment of real estate, or any interest therein, under a writ issued by a district court judge.  (b) The department of public safety, the State, and the agencies, officers, and employees of the department of public safety or the State shall not be responsible or liable for the actions of any independent civil process server on the list maintained by the department of public safety pursuant to section 353C-11. The maintenance of the list pursuant to section 353C-11 shall not create a private cause of action against the department of public safety, the State, or the agencies, officers, and employees of the department of public safety or the State.  (c) Nothing in this chapter shall be construed to make an independent civil process server a law enforcement officer, sheriff, or deputy sheriff, or an employee or agent of the department of public safety or the State.  (d) As used in this chapter, "police officer" means the director of public safety or the director's duly authorized representative, any chief of police or subordinate police officer, or an independent civil process server on the list maintained by the department of public safety pursuant to section 353C-11. [L 1905, c 84, §1; am L 1907, c 27, §1; RL 1925, §2805; RL 1935, §4190; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10141; RL 1955, §233-1; am L 1963, c 85, §3; HRS §651-1; am L 1970, c 188, §39; gen ch 1985; am L 1986, c 291, §1; am L 1989, c 123, §4 and c 211, §10; am L 1990, c 281, § §7, 11; am L 2002, c 16, §25; am L 2012, c 142, §9; am L 2013, c 116, § §12, 25(11); am L 2015, c 101, §4; am L 2021, c 41, §12] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4. Rules of Court  As to powers at chambers, see HRCP rule 77(b).
HI Rev Stat § 651-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-2 Writ; issued when.

  §651-2 Writ; issued when. The plaintiff, in any action upon a contract, express or implied, at the time of commencing the action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, which is not exempt from execution, attached in the manner hereinafter prescribed, as security for the satisfaction of any judgment that the plaintiff may recover, but no writ of attachment shall be issued:  (1) Against the State, or any political municipal corporation, or subdivision thereof; or  (2) In circumstances where garnishment is authorized under chapter 652. [L 1905, c 84, §2; am L 1909, c 60, §1; RL 1925, §2806; RL 1935, §4191; RL 1945, §10142; RL 1955, §233-2; HRS §651-2; am L 1977, c 33, §1; gen ch 1985; am L 2016, c 55, §30] Cross References  Exemptions from execution, see part III of this chapter. Case Notes  Attachment available only where contract at issue also establishes a debtor-creditor relationship for payment of money. 485 F. Supp. 1015 (1980).  Does not prohibit garnishment against municipal corporations. 23 H. 564, 570 (1916).  Seizure of automobile under writ of attachment. 38 H. 279, 298 (1949).  Cited: 26 H. 342, 346 (1922).
HI Rev Stat § 651-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-3 Affidavit.

  §651-3 Affidavit. The writ of attachment shall be issued by the clerk of the court in which the action is pending. Before any writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall make and file with the clerk an affidavit showing that the defendant is indebted to the plaintiff, specifying the amount of the indebtedness over and above all just credits and offsets, and that the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant. [L 1905, c 84, §3; am L 1909, c 60, §2; RL 1925, §2807; RL 1935, §4192; RL 1945, §10143; RL 1955, §233-3; HRS §651-3; gen ch 1985] Case Notes  Attachment available only where contract at issue also establishes a debtor-creditor relationship for payment of money. 485 F. Supp. 1015 (1980).  Must show on its face that indebtedness specified is over and above all just credits and offsets. 21 H. 167 (1912).  Affidavit need not state that indebtedness is upon contract. 23 H. 702, 703 (1917).
HI Rev Stat § 651-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-4 Bond; amount and conditions.

  §651-4 Bond; amount and conditions. Before the writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall execute and file with the clerk a bond or undertaking with two or more sureties, in a sum at least double the amount for which the plaintiff demands judgment, and in no case less than $50 in a district court, or $300 in any other court, conditioned that the plaintiff will prosecute the plaintiff's action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which the defendant may sustain by reason of the attachment, not exceeding the amount specified in such bond or undertaking as the penalty thereof, should the same be wrongfully, oppressively, or maliciously sued out, and in case the defendant be declared a bankrupt, pay all charges, damages, and expenses incurred by any police officer by reason of the attachment. With the bond or undertaking, there shall also be filed the affidavits of the sureties, as provided in section 78-20. But no such bond shall be required when the plaintiff is the State or any officer or agent of the State or any municipality suing for its use or benefit. Subject to section 651-5, in any case where the amount for which the plaintiff demands judgment is in excess of $50,000, the court may, upon motion of the plaintiff, enter an order permitting a bond, conditioned as herein provided, in a sum as fixed in the order of less than the amount hereinabove set forth; provided that the bond shall in any event be not less than an amount equal to one and one-half times the value of the property of the defendant proposed to be attached as shown to the satisfaction of the court entering the order. [L 1905, c 84, §4; am L 1917, c 18, §1 and am imp c 78, §1; RL 1925, §2808; am imp L 1931, c 163, §1; RL 1935, §4193; RL 1945, §10144; am L 1947, c 190, §1; RL 1955, §233-4; HRS §651-4; gen ch 1985] Case Notes  Amount of bond is mandatory. 23 H. 702, 704 (1917).  "Amount for which plaintiff demands judgment" construed. 26 H. 637 (1922).  Sufficiency of affidavit. 30 H. 658 (1928).
HI Rev Stat § 651-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-5 Additional security.

  §651-5 Additional security. [(a)] The defendant may at any time before judgment move the court for additional security on the part of the plaintiff, and if, on the motion, the court is satisfied that any surety on the plaintiff's bond has removed from the State, or that the surety is not sufficient, the attachment may be vacated and restitution directed of any property taken under it, unless in a reasonable time, to be fixed by the court, further security is given by the plaintiff in such amount and form as shall be approved by the court.  [(b)] In case the defendant obtains judgment the defendant shall be entitled to have taxed against the plaintiff as costs, in addition to such other costs as may be allowed by law, a reasonable attorney's fee of not more than $50, to be fixed by the court. [L 1905, c 84, §5; am L 1909, c 60, §3; RL 1925, §2809; RL 1935, §4194; RL 1945, §10145; RL 1955, §233-5; HRS §651-5; gen ch 1985] Case Notes  Cited: 22 H. 1, 3 (1914).