reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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).
2023 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).
2023 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).
2023 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]
2023 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 law enforcement, the State, and the agencies, officers, and employees of the department of law enforcement 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 law enforcement 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 law enforcement, the State, or the agencies, officers, and employees of the department of law enforcement 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 law enforcement or the State.
(d) As used in this chapter, "police officer" means the director of law enforcement 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 law enforcement 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; am L 2022, c 278, §17]
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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-6 Action on bond.

§651-6 Action on bond.
In an action on the bond a plaintiff may recover, if the plaintiff shows that the attachment was wrongfully sued out, the actual damages sustained and reasonable attorney's fees, to be fixed by the court. If it is shown that the attachment was sued out maliciously, the plaintiff may recover exemplary damages. No action shall be maintained on any bond until after final judgment in the action, unless the same is discontinued or dismissed. [L 1905, c 84, §6; am L 1909, c 60, §4; RL 1925, §2810; RL 1935, §4195; RL 1945, §10146; RL 1955, §233-6; HRS §651-6; gen ch 1985; am L 1986, c 291, §2]
Case Notes
Not entitled to recovery on attachment bond where no damage accrued. 1 H. 51 (1851).
Action on bond, when maintainable. 14 H. 463 (1902).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-7 Writ; how issued.

§651-7 Writ; how issued.
The writ of attachment shall be issued by the clerk with the approval of the court and directed to any police officer, and shall require the police officer to attach and safely keep so much of the property of the defendant as will be sufficient to satisfy the demand of the plaintiff, with costs and expenses. [L 1905, c 84, §7; RL 1925, §2811; RL 1935, §4196; RL 1945, §10147; RL 1955, §233-7; HRS §651-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-8 Amount levied on.

§651-8 Amount levied on.
The police officer shall attach a sufficient amount of the property of the defendant if a sufficient amount of property not exempt from execution can be found, giving preference to property to which the defendant has an unquestionable title over any property to which the defendant's title is doubtful. The police officer, as nearly as the circumstances of the case will permit, shall levy upon property twenty per cent greater in value than the amount that the plaintiff in the plaintiff's affidavit claims to be due. When property is seized on attachment, the court may allow reasonable and just compensation to the officer having charge of the property for the officer's trouble and expenses in keeping the property. [L 1905, c 84, §8; RL 1925, §2812; RL 1935, §4197; RL 1945, §10148; RL 1955, §233-8; HRS §651-8; gen ch 1985; am L 2017, c 12, §68]
Case Notes
Cited: 33 H. 364, 366 (1935).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-9 Writ; how executed.

§651-9 Writ; how executed.
The police officer to whom the writ is directed and delivered shall execute the writ without delay as follows:
(1) Real property or any interest therein shall be attached by recording in the office in which conveyances of the real property attached is recorded, a copy of the writ of attachment, with the officer's certificate endorsed or affixed, that by virtue of the original writ of which such copy is a true copy, the officer has attached the real estate, or all of the interest of the defendant therein, describing the same with convenient certainty as the property of the defendant, naming the defendant, in such writ;
(2) Personal property, capable of manual delivery, shall be attached by taking the same into custody;
(3) A security or any share or any interest evidenced thereby shall be attached in the same manner as is provided for the levy of an execution thereon. [L 1905, c 84, §9; RL 1925, §2813; RL 1935, §4198; RL 1945, §10149; RL 1955, §233-9; am L 1966, c 18, §6 and c 33, §7; HRS §651-9; gen ch 1985]
Revision Note
Pursuant to §23G-15, in:
(1) The prefatory language, comma deleted after "delivered"; and
(2) Paragraph (1), "indorsed" changed to "endorsed".
Law Journals and Reviews
Attachment or Levy of a Security Under the Uniform Commercial Code. 4 HBJ, no. 3, at 16 (1966).
Case Notes
Marshal had no power to enjoin persons not to pay over money to defendant. 1 H. 44 (1851).
Attachment complete when. 26 H. 342 (1922).
Attachment of motor vehicle registered with the city and county under the motor vehicle law. 38 H. 298 (1949).
Where levy of attachment not performed by police officer, attachment not properly levied and should not have been noted on transfer certificate of title to subject property. 81 H. 270, 916 P.2d 680 (1996).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-10 Indemnity for police officer.

§651-10 Indemnity for police officer.
If the police officer has any reasonable doubt as to the ownership of the property, or as to its liability to be taken on the writ, the police officer may require sufficient security to indemnify the police officer for attaching it. [L 1905, c 84, §10; RL 1925, §2814; RL 1935, §4199; RL 1945, §10150; RL 1955, §233-10; HRS §651-10; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-11 Execution in order of receipt.

§651-11 Execution in order of receipt.
When there are several attachments against the same defendant, they shall be executed in the order in which they are received by the police officer. [L 1905, c 84, §11; RL 1925, §2815; RL 1935, §4200; RL 1945, §10151; RL 1955, §233-11; HRS §651-11]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-12 Examination of defendant; where no property known.

§651-12 Examination of defendant; where no property known.
Whenever it appears by the affidavit of the plaintiff or by the return of the attachment that no property is known to the plaintiff or officer on which the attachment can be executed, or not enough to satisfy the plaintiff's claim, the defendant may be required by the court or judge to attend before it or the judge, and give information on oath respecting the same. [L 1905, c 84, §12; RL 1925, §2816; RL 1935, §4201; RL 1945, §10152; RL 1955, §233-12; HRS §651-12; gen ch 1985]
Case Notes
Plaintiffs not entitled to information regarding defendant's assets, where no attachment obtained and no return made or affidavit filed. 6 H. App. 118, 711 P.2d 1310 (1985).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-13 Attached property; sale of.

§651-13 Attached property; sale of.
If any of the property attached is perishable, or in danger of serious and immediate waste or decay, the police officer shall sell the same in the manner in which property is sold on execution. Whenever it is made to appear satisfactorily to the court or judge that the interest of the parties to the action will be subserved by a sale of any attached property, the court or judge may order the property to be sold in the same manner as like property sold under execution. The order shall be made only upon notice to the adverse party or the adverse party's attorney in case such party has been personally served with a summons in the action. [L 1905, c 84, §13; RL 1925, §2817; RL 1935, §4202; RL 1945, §10153; RL 1955, §233-13; HRS §651-13; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-14 Appointment of receiver.

§651-14 Appointment of receiver.
The court before which the action is pending, or the judge thereof, may at any time appoint a receiver whose pay shall be taken out of the fees of the police officer to take possession of property attached under this chapter, and to collect the revenues thereof, manage, and control the same, and pay over the proceeds according to the nature of the property and the exigency of the case. [L 1905, c 84, §14; RL 1925, §2818; RL 1935, §4203; RL 1945, §10154; RL 1955, §233-14; HRS §651-14]
Rules of Court
See HRCP rule 66.
Case Notes
Compensation for services of receivers, rests in discretion of court. 8 H. 740 (1892).
Under court authorization, receiver can complete a construction project begun by a corporation before insolvency and the costs will be chargeable to the property specifically benefited. 57 H. 321, 555 P.2d 864 (1976).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-15 Officer's return; how made.

§651-15 Officer's return; how made.
The police officer shall make out a full inventory of the property attached and return the same with the writ of attachment. The police officer shall return the writ with the summons if issued at the same time; otherwise, within such time after its receipt as is allowed for a return of summons, with certificate of the police officer's proceedings endorsed thereon or attached thereto. [L 1905, c 84, §15; RL 1925, §2819; RL 1935, §4204; RL 1945, §10155; RL 1955, §233-15; HRS §651-15; gen ch 1985]
Revision Note
"Indorsed" changed to "endorsed" pursuant to §23G-15.
Rules of Court
See HRCP rule 4(g).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-16 Discharge of writ.

§651-16 Discharge of writ.
If the defendant recovers judgment or if the plaintiff is nonsuited or if the action is discontinued or dismissed, all the proceeds of the same and money collected by the police officer, and all the property attached remaining in the police officer's hands, shall be delivered to the defendant, or the defendant's agent, and the order of attachment shall be discharged, and the property released therefrom. [L 1905, c 84, §16; RL 1925, §2820; RL 1935, §4205; RL 1945, §10156; RL 1955, §233-16; HRS §651-16; gen ch 1985]
Case Notes
Cited in determining validity of mortgage made after attachment. 51 H. 164, 454 P.2d 116 (1969).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-17 Discharge by bond of defendant.

§651-17 Discharge by bond of defendant.
If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment, or, after the return thereof, by the clerk, to the effect that the defendant will perform the judgment of the court, the attachment shall be discharged and restitution made of the property taken or the proceeds thereof. The execution of the bond shall be deemed an appearance of the defendant to the action. The bond shall be part of the record, and if judgment go against the defendant, the same shall be entered against the defendant and the sureties. [L 1905, c 84, §17; RL 1925, §2821; RL 1935, §4206; RL 1945, §10157; RL 1955, §233-17; HRS §651-17; gen ch 1985]
Case Notes
Action on bond. 22 H. 540 (1915).
Cited in determining validity of mortgage made after attachment. 51 H. 164, 454 P.2d 116 (1969).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-18 Discharge of writ when improperly issued.

§651-18 Discharge of writ when improperly issued.
The defendant may at any time after the defendant has appeared in the action, either before or after the release of the attached property, or before any attachment has been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the writ of attachment be discharged, on the ground that the same was improperly issued. If upon the application, it satisfactorily appears that the writ of attachment was improperly issued, it shall be discharged. [L 1905, c 84, §18; RL 1925, §2822; RL 1935, §4207; RL 1945, §10158; RL 1955, §233-18; HRS §651-18; gen ch 1985]
Case Notes
Not sufficient ground for dissolving writ that property levied upon is exempt from seizure under writ. 25 H. 483, 491 (1920).
Order denying motion to vacate writ is not final and not appealable. 51 H. 242, 456 P.2d 222 (1969).
Challenge to issuance of writ of attachment improper collateral attack as challenge to sufficiency of attachment bond not jurisdictional. 81 H. 270, 916 P.2d 680 (1996).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-19 Recording discharge.

§651-19 Recording discharge.
Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of the order may be recorded in the office in which a copy of the writ has been recorded under section 651-9 and be indexed in like manner. All expenses relating to the attachment shall be paid by the plaintiff. [L 1905, c 84, §19; RL 1925, §2823; RL 1935, §4208; RL 1945, §10159; RL 1955, §233-19; am L 1966, c 33, §8; HRS §651-19]
Case Notes
Section not applicable where an order discharging or releasing an attachment upon real property has not been made. 3 H. App. 89, 641 P.2d 989 (1982).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-20 Judgment satisfied out of attached property.

§651-20 Judgment satisfied out of attached property.
If judgment is recovered by the plaintiff, the levying officer shall satisfy the same out of the property attached by the levying officer which has not been delivered to the defendant or claimant, as in this chapter provided, or subjected to execution on another judgment recovered before the issuing of the attachment, if it is sufficient for that purpose:
(1) By applying on the execution issued on the judgment the proceeds of all sales of perishable or other property sold by the levying officer, or so much as shall be necessary to satisfy the judgment; and
(2) If any balance remains due, the levying officer shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remains in the levying officer's hands. Notice of the sale shall be given and the sale conducted as in other cases of sales on execution. In all cases the personal property shall first be sold. [L 1905, c 84, §20; RL 1925, §2824; RL 1935, §4209; RL 1945, §10160; RL 1955, §233-20; HRS §651-20; gen ch 1985]
Revision Note
In paragraph (1), "and" added after ending punctuation pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-21 Deficiency.

§651-21 Deficiency.
If, after selling all the property attached by the levying officer remaining in the levying officer's hands, and applying the proceeds, deducting the levying officer's fees, to the payment of the judgment, any balance remains due, the levying officer shall proceed to collect the balance as upon an execution in other cases. Whenever the judgment has been paid, the levying officer, upon reasonable demand, shall deliver over to the defendant, the attached property remaining in the levying officer's hands, and any proceeds of the property attached unapplied on the judgment. [L 1905, c 84, §21; RL 1925, §2825; RL 1935, §4210; RL 1945, §10161; RL 1955, §233-21; HRS §651-21; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-31 Time of issuance.

Rules of Court
See HRCP rules 64, 69; DCRCP rules 64, 69.
§651-31 Time of issuance.
Execution and alias executions upon any judgment or decree of a court for the payment of money, may be issued at any time during the life of the judgment or decree. [CC 1859, §1031; am L 1919, c 42, §1; RL 1925, §2436; am L 1929, c 81, §1; RL 1935, §4135; RL 1945, §10162; RL 1955, §233-30; HRS §651-31; am L 1970, c 188, §39]
Revision Note
The words "of record or a judge thereof, or any judgment of a district magistrate" following "court" have been deleted to give effect to L 1970, c 188.
Case Notes
Execution on subsisting and valid foreign judgment. 128 F. Supp. 697, 706 (1955).
Issuance of second writ of execution. 18 H. 307 (1907).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-32 Execution, district court; form.

§651-32 Execution, district court; form.
Every district judge at the request of the party recovering any civil judgment in the judge's court, unless the judgment is duly appealed from, shall issue the judge's execution against the property of the party recovered against, which execution may be in the form established by the usage and practice of the issuing court and may be directed to any police officer of the judicial circuit in which the district court is situated; provided the defendant or any of the defendants is a resident of the circuit. [CC 1859, §1016; RL 1925, §2437; RL 1935, §4136; RL 1945, §10163; RL 1955, §233-31; am L 1963, c 108, §4; HRS §651-32; am L 1970, c 188, § §39, 40; am L 1998, c 36, §2]
Case Notes
Chose in action not subject to levy and sale upon execution. 26 H. 699 (1923).
Issuance of execution not necessary to perfect judgment lien. 28 H. 395, 397 (1925).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-33 Bond for expenses on execution.

§651-33 Bond for expenses on execution.
Upon the petition of the sheriff, deputy sheriff, or police officer to whom an execution has been directed, showing that the levy and sale required by the execution will involve unusual expense to the officer and that the officer may be unable to collect such expense from the proceeds of the sale or from the defendant, the judge of the court issuing the execution may upon a hearing of the petition direct the person beneficially interested in the execution to tender to the officer a cash or surety bond in an amount determined as proper by the judge, conditioned that, if the levying officer is unable to collect the levying officer's reasonable charges and expenses from the proceeds of the property levied upon or from the defendant, the person beneficially interested in the execution will pay the same. The petition shall be heard upon citation and order to show cause duly served upon the interested person. In the event the order is not complied with, such officer may decline to levy upon or sell the property of any person against whose property the execution has been issued. [L 1945, c 132, §1; RL 1955, §233-32; am L 1963, c 85, §3; HRS §651-33; am L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-34 Time within which execution shall be returnable.

§651-34 Time within which execution shall be returnable.
All executions and alias executions issued by or from any court shall be made returnable within sixty days from the date thereof. [CC 1859, §1018; am L 1917, c 16, §1; RL 1925, §2438; RL 1935, §4137; RL 1945, §10164; RL 1955, §233-33; HRS §651-34; am L 1970, c 188, §39]
Case Notes
A writ of execution cannot properly be levied after the return day; once the return day of an execution passes, it becomes functus officio and confers no authority on the officer to whom it is directed; correlatively, a levy accomplished after the return day is invalid and a sale based thereon is void. 102 H. 518, 78 P.3d 331 (2003).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-35 When property in circuit insufficient.

§651-35 When property in circuit insufficient.
If, upon an execution being issued by a district judge, no property, or not a sufficient amount of property, belonging to the defendant in execution, can be found within the jurisdiction of the judge issuing the execution, and the same is returned unsatisfied, either wholly or in part, the plaintiff in execution may, upon procuring a certified copy of the judgment and execution in the court below, to be docketed in the office of the clerk of the supreme court, sue out a writ of execution from the supreme court, which shall be available against the property of the defendant, wherever situated within the State. [CC 1859, §1029; RL 1925, §2439; RL 1935, §4138; RL 1945, §10165; RL 1955, §233-34; HRS §651-35; am L 1970, c 188, § §39, 40]
Case Notes
Must be strictly followed in order to sustain execution and sale of real property thereunder; showing that no personal property could be found, not sufficient. 13 H. 302, 306 (1901).
See 4 H. 165 (1879); 9 H. 27 (1893).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-36 Execution, courts of record; form.

§651-36 Execution, courts of record; form.
The forms of executions to be issued from courts of record shall be the same as have been established by the usage and practice of such courts; but alterations therein may, from time to time, be made or allowed by the supreme court, when necessary to adapt them to changes in the law, or for other sufficient reasons. [CC 1859, §1019; RL 1925, §2440; RL 1935, §4139; RL 1945, §10166; RL 1955, §233-35; HRS §651-36]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-37 Address, signature.

§651-37 Address, signature.
All writs of execution, whether civil or criminal, issuing from any court of record, shall be addressed to the sheriff, or deputy sheriff, or a police officer of any county, and shall be signed by the clerk of the court, and impressed with the seal thereof. [CC 1859, §1020; RL 1925, §2441; RL 1935, §4140; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10167; RL 1955, §233-36; am L 1963, c 85, §3; HRS §651-37; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-38 Alias writs.

§651-38 Alias writs.
Any circuit court, out of which an execution has been issued, if such execution has been returned unsatisfied wholly or in part, may issue an alias execution to the same circuit, or an execution leviable in some other circuit, for the satisfaction of the unpaid remainder of the judgment and additional costs, expenses, and commissions, which alias or testatum writ of execution shall be served in like manner as the original. [CC 1859, §1030; RL 1925, §2442; RL 1935, §4141; RL 1945, §10168; RL 1955, §233-37; HRS §651-38]
Case Notes
Alias execution allowed when original execution issued by mistake for too small an amount. 10 H. 348 (1896).
Alias execution issued after dismissal of appeal may be good even if original bad. 15 H. 486 (1904).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-39 Available in all circuits.

§651-39 Available in all circuits.
Any writ of execution or other writ issued for the purpose of carrying into effect any final order, judgment, or decree of any circuit court or circuit judge at chambers shall be available against the property of the person against whom the writ shall issue in whatever circuit the property is situated and the writ shall be as effective for all purposes in each of the circuits as in the circuit where it is issued. [L 1905, c 10, §1; RL 1925, §2443; RL 1935, §4142; RL 1945, §10169; RL 1955, §233-38; HRS §651-39]
Case Notes
Aircraft subject to execution, where judgment creditor had no actual knowledge that judgment debtor had sold aircraft, and buyer did not register title. 6 H. App. 25, 709 P.2d 613 (1985).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-40 Stay by judge; effect.

§651-40 Stay by judge; effect.
Any judge of a court of record may, by order at chambers, in any cause in which an execution has been issued, grant a stay thereof in the officer's hands, for equitable reasons, when no appeal or writ of error is granted, upon the defendant giving bond and security for its payment with costs up to the stay. The property levied upon shall not be released from the levy by the stay of execution, and in case at the end of the time accorded the condition of the bond be not complied with, the plaintiff in execution may elect whether to proceed to the sale of the levied property, or to enforce the bond; provided that if the levied property is not sufficient to pay the judgment, with all costs, expenses, and commissions, the stay inclusive, the sureties in the bond shall be answerable for the deficiency. And when justice may require the renewal of any execution, or an extension of the time for making return to any execution, any judge of a court of record shall have power so to order. [CC 1859, §1033; RL 1925, §2444; RL 1935, §4143; RL 1945, §10170; RL 1955, §233-39; HRS §651-40]
Rules of Court
As to powers at chambers, see HRCP rule 77(b).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-41 Priority in levying.

§651-41 Priority in levying.
Every officer receiving a writ of execution issued in due form by any court or judge, shall note thereon the day and hour of its receipt, and the officer shall give priority in levying upon property of the defendant in execution, to the writs received by the officer according to the order of time in which they are received. [CC 1859, §1021; RL 1925, §2445; RL 1935, §4144; RL 1945, §10171; RL 1955, §233-40; HRS §651-41; gen ch 1985]
Case Notes
Levy makes judgment a lien. 4 H. 165 (1879).
A subsequently served garnishee process had priority over defective execution levied by marshal first. 6 H. 153 (1875).
Execution must be postponed to lien of prior attachment. 6 H. 564 (1885).
Cited: 3 U.S.D.C. Haw. 176, 179 (1907).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-42 How levy made, inventory.

§651-42 How levy made, inventory.
Every levy by an officer, in pursuance of a writ of execution issued by any court or judge, shall be made by taking the property levied upon into the officer's possession, care, and guardianship, and at the officer's option, by removal of the same to some place of security. The officer shall make an inventory of the property levied upon. [CC 1859, §1022; RL 1925, §2446; RL 1935, §4145; RL 1945, §10172; RL 1955, §233-41; HRS §651-42; gen ch 1985]
Case Notes
Marshal read execution to defendant but did not take any property into custody or make an inventory, held no levy. 6 H. 153 (1875).
Judgment cannot be levied upon. 16 H. 106 (1904).
Notice of money award not proper subject for garnishment. 16 H. 106 (1904).
Valid levy on growing crops. 21 H. 745 (1913).
Sale of leasehold interest in pond. 22 H. 665 (1915).
Chose in action not subject to levy and sale upon execution. 26 H. 699 (1923).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-43 Advertisement for sale.

§651-43 Advertisement for sale.
The officer shall, after levy, advertise for sale the property levied upon, whether real or personal, for thirty days, or for such time as the court shall order, by posting a written or printed notice in three conspicuous places within the district where the property is situated, and if on the island of Oahu, by advertisement thereof at least three times in one or more newspapers published in Honolulu. [CC 1859, §1023; am L 1886, c 58, §1; RL 1925, §2447; RL 1935, §4146; RL 1945, §10173; RL 1955, §233-42; HRS §651-43]
Case Notes
Effect of sale upon defective notice. 20 H. 678 (1911).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-44 Sale; proceeds; return.

§651-44 Sale; proceeds; return.
The officer shall, on the day and at the place set for the public sale, unless paid the amount of the judgment, interest, and costs, and the officer's fees and disbursements accrued upon the writ, sell the property advertised to the highest bidder. The officer shall deduct from the proceeds of the sale sufficient for the full satisfaction, if possible, of the execution and the officer's costs, expenses, and commissions, and return the writ, satisfied wholly or in part, paying the amount collected thereon to the plaintiff in execution or the plaintiff's attorney. [CC 1859, §1024; RL 1925, §2448; RL 1935, §4147; RL 1945, §10174; RL 1955, §233-43; HRS §651-44; gen ch 1985]
Case Notes
Junior encumbrancer may question adequacy of price bid only if adequate bid would have left surplus after satisfying senior encumbrances. 51 H. 164, 454 P.2d 116 (1969).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-45 Postponement of sale.

§651-45 Postponement of sale.
If, at the time appointed for the sale, the officer deems it expedient, and for the interest of all persons concerned therein, to postpone the sale, for want of purchasers or for other sufficient cause, the officer may postpone it from time to time, until the sale is completed; giving notice of every such adjournment, by a public declaration thereof, at the time and place previously appointed for the sale. [CC 1859, §1025; am L 1905, c 16, §1; RL 1925, §2449; RL 1935, §4148; RL 1945, §10175; RL 1955, §233-44; HRS §651-45; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-46 Deeds, etc.

§651-46 Deeds, etc.
The officer shall execute and deliver, to any purchaser at any such sale, such certificate of purchase, or conveyance, as may be necessary. [CC 1859, §1026; RL 1925, §2450; RL 1935, §4149; RL 1945, §10176; RL 1955, §233-45; HRS §651-46]
Case Notes
If invalid levy, no title passes to purchaser. 21 H. 745 (1913).
Mortgage made by debtor after attachment being void, conveyance free of such mortgage did not convey a greater interest than the debtor had at time of sale. 51 H. 164, 454 P.2d 116 (1969).
Cited: 16 H. 106, 110 (1904).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 651. Attachment and Execution › 651-47 Levy on and execution sale of investment securities; garnishment the proper procedure when the security is subject to right of possession of third party.

§651-47 Levy on and execution sale of investment securities; garnishment the proper procedure when the security is subject to right of possession of third party.
(a) A security or any share or other interest evidenced thereby which is outstanding and not in the possession of a third party who has a security interest, lien, or right of retention therein which entitled the third party to possession shall be levied upon under a writ of execution by being actually seized by the officer executing the writ.
At any time after the issuance of the writ, upon application of the judgment creditor or the officer executing the writ and upon due notice to the defendant or other person having possession of the security without being entitled thereto under a security interest, lien, or right of retention, the court or judge may summarily direct the defendant or such other person so having possession of the security to produce the same and deliver it to the officer.
In the case of a levy for execution, the security levied upon shall be advertised for sale and sold in the manner provided in section 651-43. After the sale the levying officer shall deliver to the purchaser the security endorsed or assigned by the levying officer as the agent of the judgment debtor, which delivery and endorsement or assignment shall entitle the purchaser to all the right, title, and interest of the judgment debtor in the security and to registration of the transfer as provided in chapter 490, the Uniform Commercial Code, article 8. This subsection shall apply to any security which is either within the State or which is in the possession of an owner or other person subject to the jurisdiction of this State.
(b) A security or any share or other interest evidenced thereby which is outstanding and in the possession of a person who is entitled to such possession under a security interest or lien or other right of retention therein shall be reached by garnishment as provided in chapter 652. [L 1927, c 269, pt of §1; RL 1935, §4150; am L 1939, c 76, §1; RL 1945, §10177; RL 1955, §233-46; am L 1966, c 18, §7; HRS §651-47; gen ch 1985]
Law Journals and Reviews
Attachment or Levy of a Security Under the Uniform Commercial Code. 4 HBJ, no. 3, at 16 (1966).