reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 1004 Admissibility of other evidence of contents.

Rule 1004 Admissibility of other evidence of contents.
The original or a duplicate is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable. No original can be obtained by available judicial process or procedure; or
(3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, the party was put on notice, by the pleadings or otherwise, that the content would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue. L 1980, c 164, pt of §1; gen ch 1985
RULE 1004 COMMENTARY
This rule is similar to Fed. R. Evid. 1004, except that the words "or a duplicate" are added to the first sentence of this rule. The change is not substantive. The rule specifies the exceptions to Rule 1002, and effects no change in existing law, see Chu Chung v. Jellings, 30 H. 784 (1929) (destroyed); Rex v. Lenehan, 3 H. 714 (1876) (possession of opponent).
As the Advisory Committee's Note to Fed. R. Evid. 1004 points out, the "rule recognizes no 'degrees' of secondary evidence." Thus, when this rule is satisfied, there is no preference for one form of secondary evidence over another.
Case Notes
Although rule 1002 would ordinarily have precluded the admission of testimony about cell phone text messages because such testimony was not an "original", the testimony was admissible because paragraph (1) applied to the text messages such that other evidence could be admitted to prove the content of the text messages; as complainant no longer had the actual text messages because complainant no longer had the cell phone or cell phone service, for purposes of paragraph (1), the original text messages were "lost or destroyed". 117 H. 127, 176 P.3d 885 (2008).
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 1005 Public records.

Rule 1005 Public records.
The contents of a public record, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. L 1980, c 164, pt of §1
RULE 1005 COMMENTARY
This rule is similar to Fed. R. Evid. 1005 in intent. The "public records" covered are those specified in Rule 1001(5) supra. Since production of original public records would be burdensome to both proponents and public officials, numerous statutes, e.g., Hawaii Rev. Stat. §502-82 (1976) (recorded instruments of conveyance) dispense with such a requirement. In this instance, however, a distinct preference for certified or compared copies is expressed.
Case Notes
Redacted judgment of conviction properly authenticated and admitted under this rule where prosecution submitted certified copy of the full judgment for identification, along with redacted judgment, and witness identified defendant as person to whom redacted judgment referred. 83 H. 507, 928 P.2d 1 (1996).
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 1006 Summaries.

Rule 1006 Summaries.
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may order that they be produced in court. L 1980, c 164, pt of §1
RULE 1006 COMMENTARY
This rule is identical with Fed. R. Evid. 1006, the Advisory Committee's Note to which says: "The admission of summaries of voluminous books, records, or documents offers the only practicable means of making their contents available to judge and jury."
Case Notes
Summary and opposing party's opportunity to review underlying documents, discussed. 77 H. 320 (App.), 884 P.2d 383 (1994).
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 1007 Testimony or written admission of party.

Rule 1007 Testimony or written admission of party.
Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by the party's written admission, without accounting for the nonproduction of the original. L 1980, c 164, pt of §1; gen ch 1985
RULE 1007 COMMENTARY
This rule is identical with Fed. R. Evid. 1007. It requires that the admission of the party-opponent be in the form of testimony or in writing, and thus follows the suggestion contained in McCormick §242. In addition, as the Advisory Committee's Note to Fed. R. Evid. 1007 points out, "[t]he limitation, of course, does not call for excluding evidence of an oral admission when nonproduction of the original has been accounted for and secondary evidence generally has become admissible. Rule 1004 supra."
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 1008 Functions of court and jury.

Rule 1008 Functions of court and jury.
When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of rule 104. However, when an issue is raised (1) whether the asserted writing ever existed, or (2) whether another writing, recording, or photograph produced at the trial is the original, or (3) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact. L 1980, c 164, pt of §1
RULE 1008 COMMENTARY
This rule is identical with Fed. R. Evid. 1008. Most preliminary questions of fact are addressed to the court under Rule 104(a). The issues reserved for the jury by this rule are considered to be related to "the merits of the controversy," see Fed. R. Evid. 1008, Advisory Committee's Note. See Rule 104(b) supra.
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 1101 Applicability of rules.

Rule 1101 Applicability of rules.
(a) Courts. These rules apply to all courts of the State of Hawaii except as otherwise provided by statute.
(b) Proceedings. These rules apply generally to civil and criminal proceedings.
(c) Rule of privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.
(d) Rules inapplicable. The rules (other than with respect to privileges) do not apply in the following:
(1) Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under rule 104.
(2) Grand jury. Proceedings before grand juries.
(3) Miscellaneous proceedings. Proceedings for extradition or rendition; preliminary hearings in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.
(4) Small claims. Proceedings before the small claims division of the district courts. L 1980, c 164, pt of §1
RULE 1101 COMMENTARY
This rule resembles Fed. R. Evid. 1101 with appropriate modifications.
Subsections (a) and (b): The intent is to posit the applicability of the Hawaii Rules of Evidence in all state courts and in all proceedings, except as provided in subsection (d).
Subsection (c): There are no exceptions to the privilege rules except as specifically set forth in Article V.
Subsection (d): Paragraph (1) simply restates the point made in the last sentence of Rule 104(a), and the matter is treated in the commentary to that rule. Paragraph (2) follows the lead of Fed. R. Evid. 1101(d)(2) in excepting grand jury proceedings from the requirements of the rules. There is no intent, however, to disturb rulings such as State v. Layton, 53 H. 513, 497 P.2d 559 (1972), and State v. Joao, 53 H. 226, 491 P.2d 1089 (1971), where the Hawaii Supreme Court has imposed supervisory and due process limitations on the kinds of evidence that can be presented to grand juries. "Miscellaneous proceedings," exempted in paragraph (3), include "preliminary examination in criminal cases," by which is meant those hearings specified in HRCrP 5(c). Other pretrial motions and proceedings in criminal and civil cases are not exempted. The exemption for small claims courts is consistent with Hawaii Rev. Stat. §633-32 (1976).
Rules of Court
Probate proceedings, see HPR rule 18.
Small claims division, see RSCD rule 9.
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 626-2 Effective date; applicability to future cases and pending cases.

§626-2 Effective date; applicability to future cases and pending cases.
This chapter shall take effect on January 1, 1981.
The Hawaii Rules of Evidence in section 626-1 shall apply to actions, cases, and proceedings brought on or after January 1, 1981; provided that the rules shall also apply to further procedure in actions, cases, and proceedings then pending, except to the extent that application of the rules would not be feasible, or would work injustice, in which event former evidentiary rules or principles shall apply. [L 1980, c 164, pt of §1]
2023 Hawaii Revised Statutes › Title 33. Evidence › 626. Hawaii Rules of Evidence › 626-3 Inconsistent laws.

§626-3 Inconsistent laws.
If any other provision of law, including any rule promulgated by the supreme court, is inconsistent with this chapter, this chapter shall govern unless this chapter or such inconsistent provision of law specifically provides otherwise. [L 1980, c 164, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 631. Agreed Facts, Submission on in Supreme Court--Repealed

Chapter
631 Agreed Facts, Submission on in Supreme Court--Repealed
632 Declaratory Judgments
633 Small Claims, District Courts
634 Civil Actions and Proceedings, Generally
634D Service of Process--Repealed
634F Citizen Participation in Government--Repealed
634G Hawaii Public Expression Protection Act
634J Vexatious Litigants
635 Trials
636 Judgment
636C Uniform Enforcement of Foreign Judgments Act
637 Equity: Jurisdiction and Procedure--Repealed
CHAPTER 631
AGREED FACTS, SUBMISSION ON IN SUPREME COURT
REPEALED.
L 1972, c 89, §7.
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 632. Declaratory Judgments › 632-2 Appeals.

§632-2 Appeals.
Declaratory judgments may be reviewed as other judgments. [L 1921, c 162, §2; RL 1925, §2919; RL 1935, §4221; RL 1945, §9972; RL 1955, §228-2; HRS §632-2; am L 1972, c 89, §1(d)]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 632. Declaratory Judgments › 632-3 Further relief upon judgment.

§632-3 Further relief upon judgment.
Further relief based on a declaratory judgment may be granted whenever necessary or proper, after reasonable notice and hearing, against any adverse party whose rights have been adjudicated by the judgment. [L 1921, c 162, §3; RL 1925, §2920; RL 1935, §4222; RL 1945, §9973; RL 1955, §228-3; HRS §632-3; am L 1972, c 89, §1(e)]
Case Notes
Cited as authorizing the grant of ancillary equitable relief, including relief from forfeiture of lease for breach of covenant. 58 H. 606, 575 P.2d 869 (1978).
Where the court did not adjudicate the rights of any party because the declaratory judgment was voluntarily dismissed, section inapplicable. 103 H. 26, 79 P.3d 119 (2003).
Where the recipients of the contracts awarded under §3 ­-122-166 (repealed), Hawaii administrative rules, were not made parties to the case and, therefore, their rights were not "adjudicated by the judgment", the circuit court could not have invalidated the contracts as "ancillary relief". 132 H. 333, 322 P.3d 228 (2014).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 632. Declaratory Judgments › 632-6 Provisions, remedial.

§632-6 Provisions, remedial.
This chapter is declared to be remedial. Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle the party to maintain an ordinary action therefor. It is to be liberally interpreted and administered, with a view to making the courts more serviceable to the people. [L 1921, c 162, §6; RL 1925, §2923; RL 1935, §4225; RL 1945, §9976; RL 1955, §228-6; HRS §632-6; gen ch 1985]
Case Notes
Cited: 27 H. 420, 424 (1923); 31 H. 720, 721 (1930).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-8 Order to show cause.

§633-8 Order to show cause.
Upon the filing of a complaint with a copy of a lease or rental contract and an affidavit sworn to by the plaintiff or some competent affiant setting forth a statement of facts sufficient to show that the leased or rented personal property has been in the defendant's possession at least fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the court may issue an order directing the defendant to either return the leased or rented personal property to the plaintiff or to appear and show cause for the possession at such time as the court shall direct, but no later than five days from the date of service of the order to show cause. The order to show cause shall also provide that, if the leased or rented personal property is not returned to the plaintiff before the hearing, the defendant shall, if reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the satisfaction of the court that the plaintiff is entitled to possession of the leased or rented personal property, it shall issue an order directed to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 commanding the sheriff, deputy sheriff, police officer, or independent civil process server to seize the personal property therein described and to deliver the same to the plaintiff or the plaintiff's agent. Service of the order to show cause shall be as provided by law or rule of court for cases in the district courts, or by registered mail or by certified mail with return receipt showing delivery within the circuit. [L 1980, c 171, §2; am L 1981, c 176, §2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §5; am L 2013, c 116, § §7, 25(6); am L 2015, c 101, §4; am L 2021, c 41, §7; 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.
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-29 Fees and costs; waiver.

§633-29 Fees and costs; waiver.
The fee for issuing summons and copies, trial, judgment, and satisfaction in an action in the small claims division of the district court shall be not more than $35. Other fees shall be as prescribed by statute or rule of court. The judge may waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satisfactory evidence of the plaintiff's inability to pay the costs. [L 1970, c 182, pt of §1; am L 1971, c 144, §23; gen ch 1985; am L 1990, c 235, §1; am L 1998, c 128, §5]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-30 Counterclaim; retention of jurisdiction.

§633-30 Counterclaim; retention of jurisdiction.
When the limit of the district court as provided by section 633-27 is exceeded in a counterclaim but within the jurisdictional limit of the court as provided by section 604-5, the action shall nevertheless remain in the small claims division of the district court and be tried therein in its entirety; provided that the district court having jurisdiction over a civil action involving summary possession shall have concurrent jurisdiction with the small claims division of the district court over any security deposit dispute between landlord and tenant in a residential landlord-tenant relationship. [L 1970, c 182, pt of §1; am L 1971, c 144, §24; am L 2005, c 12, §3]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-31 Jury trial; demand; assignment to other court.

§633-31 Jury trial; demand; assignment to other court.
In a case filed or pending in the small claims division of the district court in which a party entitled to a trial by jury files a demand therefor, the case shall be assigned to and tried in the circuit court under the procedure provided for jury trials. [L 1970, c 182, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-32 Evidence.

§633-32 Evidence.
In a case tried in the small claims division, the court shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and is not bound by the rules of evidence, whether or not set out by statute, except provisions relating to privileged communications. [L 1970, c 182, pt of §1; am L 1971, c 144, §25]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-33 Judgment for wages; oral examination; payment.

§633-33 Judgment for wages; oral examination; payment.
When a judgment in an action pursuant to this chapter is founded in whole or in part on a claim for wages or personal services, the court, upon motion of the party obtaining judgment, shall order the appearance of the party against whom the judgment has been entered but not more often than once each week for four consecutive weeks, for oral examination under oath as to the financial status of the party against whom the judgment has been entered and that party's ability to pay the judgment, and the court shall make supplementary orders as seems just and proper to effectuate the payment of the judgment upon reasonable terms. [L 1970, c 182, pt of §1; am L 1971, c 144, §26; am L 2017, c 12, §67]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-34 Award of costs.

§633-34 Award of costs.
In any action pursuant to this chapter, the award of costs is in the discretion of the court, which may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the action, incurred by either party. No attorney's fees or commissions shall be allowed or awarded under section 607-14 by any judgment of the small claims division. [L 1970, c 182, pt of §1; am L 1971, c 144, §27; am L 2016, c 55, §25]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-35 Other rights of judgment creditor.

§633-35 Other rights of judgment creditor.
Except as otherwise provided by this chapter, or in the rules of court, a party obtaining a judgment in the small claims division of the district court is entitled to the same remedies, processes, costs, and benefits as are given or inure to other judgment creditors in the court. [L 1970, c 182, pt of §1; am L 1971, c 144, §28]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 633. Small Claims, District Courts › 633-36 Forms and public information.

§633-36 Forms and public information.
For the more effective carrying out of this chapter, the chief justice, as administrative head of the judiciary department, shall cause to be published a booklet or pamphlet describing, in language readily understandable by a layperson, the procedures of the small claims division of the district court, the remedies available upon judgment in the small claims division of the district court and such other information as will facilitate the utilization of the small claims procedure and shall also cause to be made and printed such standardized forms as may be utilized throughout the small claims procedure prior to, upon and after judgment. [L 1970, c 182, pt of §1; am L 1971, c 144, §29; gen ch 1993]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-1 Assignee; nonnegotiable chose.

[ §634-1] Assignee; nonnegotiable chose.
The assignee of any nonnegotiable chose in action, assigned in writing, may maintain thereon in the assignee's own name any action which, but for the assignment, might be maintained by the assignor; subject, however, to all equities and setoffs existing in favor of the party liable against the assignor and which existed at the time of the assignment or at any time thereafter until notice thereof was given to the party liable, except as otherwise provided. L 1898, c 7, §1; RL 1925, §2361; RL 1935, §4045; RL 1945, §10037; RL 1955, §230-7; HRS §634-31; am L 1972, c 89, §2A(a); ren HRS §634-1; gen ch 1985
Rules of Court
Real party in interest, see HRCP rule 17(a); DCRCP rule 17(a). Setoff, see HRCP rule 13; DCRCP rule 13.
Case Notes
Cases prior to adoption of the Hawaii Rules of Civil Procedure.
Requiring joinder as coplaintiff on breach of contract. 5 H. 430 (1885).
Set off against assignee. 11 H. 764 (1899).
Assignee of judgment may sue in own name. 20 H. 138 (1910), aff'd 226 U.S. 462 (1913).
Endorsee for collection may sue in own name. 29 H. 434 (1926).
May sue in assignor's or assignee's name, under common law rule. 30 H. 959 (1929).
Principal and agent. 31 H. 12 (1929).
Legality of assignment. 34 H. 754 (1947).
Cited: 20 H. 146, 149 (1910); 27 H. 642, 645 (1923); 36 H. 676, 680 (1944).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-2 Joint contractual obligations.

§634-2 Joint contractual obligations.
In an action on a contract on which two or more persons are jointly, jointly and severally, or severally liable, the court in which the action is pending has jurisdiction to proceed against such of the obligors as can be served as if they were the only obligors. [CC 1859, §1105; RL 1925, §2363; RL 1935, §4047; RL 1945, §10039; RL 1955, §230-9; HRS §634-33; am L 1972, c 89, §2A(b); ren HRS §634-2]
Rules of Court
See HRCP rules 19, 20; DCRCP rule 20. Service, see HRCP rule 4; DCRCP rule 4.
Case Notes
Action cannot be maintained against one only of several joint contractors. 1 H. 71 (1852).
Waiver will cure misjoinder, failure to take advantages of defense. 2 H. 184 (1859).
In ejectment several defendants claiming separate interests in land are proper parties defendant. 5 H. 434 (1885); 18 H. 494 (1907).
Joint contractors should be joined in suit. 7 H. 563 (1889).
Judgment is joint though the obligation may be joint and several. 9 H. 306 (1893), criticized, 20 H. 138, 141 (1910).
Assignor of lease need not be a party to a bill in specific performance of covenant to renew. 9 H. 597 (1895).
Failure to join necessary parties may subject pleading to demurrer or motion. 10 H. 340 (1896).
Nonjoinder of one of the joint makers of a note cured by the verdict. 10 H. 540 (1896).
Suit against joint makers of promissory note must be either joint or several. 10 H. 540 (1896).
Service on all defendants unnecessary when all are joined as parties. 12 H. 344 (1900).
All parties to a joint and several contract must be joined, and in actions on judgment, all judgment debtors must be joined or excuse shown for not doing so. 13 H. 339, 361 (1901).
Principal debtor need not be joined with grantors as defendants. 13 H. 690 (1901).
Does not apply to joint trustees in a statutory action at law to quiet title. 15 H. 401 (1904).
Persons named as joint debtors in a contract not signed by them cannot be joined in an action on the contract. 16 H. 332 (1904).
County need not be joined in a tax action though it receives half the taxes. 17 H. 146 (1905).
Parties need not be joined in action by one surety against co-sureties for contribution. 22 H. 540, 546 (1915).
In tort action the liability of a co-defendant is several as well as joint and several. 24 H. 579 (1918), modified on other grounds, 24 H. 597 (1919).
Service of assignment of errors on one of several joint defendants is constructive service on the rest. 24 H. 774, 776 (1919).
In tort may join defendants when they concur in negligent action. 25 H. 508 (1920).
Wife in action on promissory note against a partnership of which husband is a member need not join husband. 27 H. 369 (1923).
No joinder of plaintiffs in a contract by one party with 103 others each of whom has a separate contract. 29 H. 122 (1926).
Partnership pleading. 33 H. 567 (1935).
May not join defendants in the alternative. 40 H. 86 (1953).
Referred to: 3 H. 695, 696 (1876).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-3 Actions against persons by firm name.

§634-3 Actions against persons by firm name.
Whenever two or more persons, associated in any business, transact such business under a firm name, whether it comprises the names of such persons or not, the associates may be sued by such firm name, the summons in such case being served on one or more of the associates or as otherwise provided by rule of court; and any judgment recovered against the firm, as such, may be enforced against the firm property, and against the individual property of any of the associates who have been served with process or who have appeared in the action. [L 1915, c 210, §1; RL 1925, §2364; RL 1935, §4048; RL 1945, §10040; RL 1955, §230-10; HRS §634-34; am L 1972, c 89, §2A(c); ren HRS §634-3]
Cross References
Organizations and associations, see §634-30.
Rules of Court
See HRCP rule 23.2.
Service, see HRCP rule 4.
Case Notes
Cited: 33 H. 180, 191 (1934).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-11 Interpleader; application for order by sheriff, deputy sheriff, police officer, or independent civil process server.

§634-11 Interpleader; application for order by sheriff, deputy sheriff, police officer, or independent civil process server.
When, in the execution of process against goods and chattels issued by or under the authority of the courts of the State, by reason of claims made to such goods and chattels by assignees of bankrupts and other persons not being the parties against whom such process had issued, whereby the sheriff, deputy sheriffs, police officers, or independent civil process servers from the department of law enforcement's list under section 353C-11 are exposed to the hazard and expense of actions, any such claim shall be made to any goods or chattels taken or intended to be taken in execution under any such process or to the proceeds or value thereof, it shall be lawful for the court, out of which the execution shall have issued, or any judge thereof, upon application of the sheriff, deputy sheriff, police officer, or independent civil process server made before or after the return of such process, and as well before as after any action brought against the sheriff, deputy sheriff, police officer, or independent civil process server to call before it or the judge by rule, order, or summons, as well the party issuing such process as the party making the claim. Thereupon the court or judge shall, for the adjustment of the claims and the relief and protection of the sheriff, deputy sheriff, police officer, or independent civil process server, make such rules, orders, and decisions as shall appear to be just according to the circumstances of the case. The costs of all such proceedings shall be in the discretion of the court or judge. [L 1876, c 33, §5; RL 1925, §2872; RL 1935, §4061; RL 1945, §10043; RL 1955, §230-13; am L 1963, c 85, §3; HRS §634-43; ren HRS §634-11; am L 1980, c 232, §32; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §6; am L 2013, c 116, § §8, 25(7); am L 2015, c 101, §4; am L 2021, c 41, §8; 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.
Case Notes
Did not apply to district courts under prior law. 6 H. 254 (1879).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-12 Sale of property seized on execution, when.

§634-12 Sale of property seized on execution, when.
When goods or chattels have been seized in execution by the sheriff, deputy sheriff, a police officer, or an independent civil process server from the department of law enforcement's list under section 353C-11 under process of any court, and some third person claims to be entitled under a bill of sale, chattel mortgage, or otherwise, to the goods and chattels by way of security for a debt, the court or a judge may order a sale of the whole or part thereof, upon such terms as to the payment of the whole or part of the secured debt or otherwise as it or the judge shall think fit; and may direct the application of the proceeds of sale in such manner and upon such terms as to the court or judge may seem just. [L 1876, c 33, §7; RL 1925, §2874; RL 1935, §4063; RL 1945, §10045; RL 1955, §230-15; am L 1963, c 85, §3; HRS §634-45; ren HRS §634-12; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §7; am L 2013, c 116, § §9, 25(8); am L 2015, c 101, §4; am L 2021, c 41, §9; 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.
Case Notes
Did not apply to district courts under prior law. 6 H. 254 (1879).
Claimant of goods seized by sheriff on execution not authorized to apply for order of interpleader. 13 H. 88 (1900).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-13 Questions of law; submission to supreme court.

§634-13 Questions of law; submission to supreme court.
In all cases of interpleader proceedings where the question is one of law and the facts are not in dispute, the judge shall be at liberty at the judge's discretion to decide the question without directing an action or issue, and (if the judge shall think it desirable) to order that a special case be stated for the opinion of the supreme court, and the proceedings upon such case shall (as nearly as may be) be the same as upon a submission to the court according to law. [L 1876, c 33, §9; RL 1925, §2876; RL 1935, §4065; RL 1945, §10047; RL 1955, §230-17; HRS §634-47; ren HRS §634-13; gen ch 1985]
Rules of Court
Interpleader, see HRCP rule 22.
Case Notes
Did not apply to district courts under prior law. 6 H. 254 (1879).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-21 Service of process, by whom.

Note
Working group to define duties and responsibilities of process servers under the department of public safety's jurisdiction; create a process of registration, etc. (repealed June 30, 2020). L 2013, c 116, § §20 to 23, 25; L 2015, c 101, §4.
Rules of Court
See Hawaii Electronic Filing and Service Rules.
§634-21 Service of process, by whom.
Except as otherwise provided, service of all process and orders shall be made by the sheriff or the sheriff's deputy, the chief of police of the county in which the service is made or the chief's duly authorized subordinate, some other person specially appointed by the court for the purpose, any investigator appointed and commissioned by the director of commerce and consumer affairs pursuant to section 26-9(j), or a person authorized by the rules of court. CC 1859, §1102; am L 1898, c 5, §1; am L 1911, c 60, §1; RL 1925, §2341; am L 1929, c 13, §1; RL 1935, §4076; RL 1945, §10058; RL 1955, §230-28; am L 1963, c 85, §3; HRS §634-56; am L 1972, c 89, §2A(d); ren HRS §634-21; gen ch 1985; am L 1989, c 123, §2 and c 211, §10; am L 1990, c 281, §11; am L 1993, c 173, §2; am L 1994, c 9, §1
Rules of Court
See HRCP rule 4; DCRCP rule 4; RCC rules 2(d), 5, 28, 31(a)(3); HFCR rules 4, 5; HPR rule 7.
Case Notes
Cases prior to adoption of the Hawaii Rules of Civil Procedure.
Service on agent doing business in Hawaii good. 2 H. 453 (1861).
Service on manager at corporation office, president being out of country, good. 6 H. 259 (1879).
Formal requisites of documents for service; no need to attach to declaration copy of custom house orders. 7 H. 314 (1888).
Sheriffs not plaintiff serve process. 14 H. 448 (1902).
A copy of summons lacking court seal or clerk's signature is fatally defective and cannot be cured by amendment. 14 H. 627 (1903).
Service on agent. 15 H. 401 (1904); 15 H. 628 (1904).
Service of process in district court. 15 H. 486 (1904).
Not necessary to attach copy of note where suit is on oral promise to pay note. 17 H. 32 (1905).
Not applicable to writ of error. 18 H. 392 (1907).
A general appearance by attorneys cures defect in service. 18 H. 602 (1908).
Return of service not invalidated by failure to show it was made as required by statute, presumption. 19 H. 494 (1909).
Who may certify copy of summons. 20 H. 352 (1911); 20 H. 548 (1911); 22 H. 723, 725 (1915).
Garnishment of defendant's debtor is sufficient notice to defendant who is not and never has been an inhabitant of Hawaii. 22 H. 321 (1914).
Substituted service, district court. 34 H. 328 (1937).
Cited: 2 U.S.D.C. Haw. 301, 302 (1905).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-22 Return.

§634-22 Return.
In all cases where any process or order of a court is served by any officer of the court or of the police force or the sheriff, a deputy sheriff, an independent civil process server from the department of law enforcement's list under section 353C-11, or any investigator appointed and commissioned by the director of commerce and consumer affairs pursuant to section 26-9(j), a record thereof shall be endorsed upon the back of the process, complaint, order, or citation. The record shall state the name of the person served and the time and place of service and shall be signed by the sheriff, deputy sheriff, police officer, independent civil process server, or investigator making the service. If the sheriff, deputy sheriff, police officer, independent civil process server, or investigator fails to make service, the sheriff, deputy sheriff, police officer, independent civil process server, or investigator in like manner, shall endorse the reason for the sheriff's, deputy sheriff's, police officer's, independent civil process server's, or investigator's failure and sign this record. When service is made by a person specially appointed by the court, or an independent civil process server, that person shall make declaration or affidavit of that service.
The record, declaration, or affidavit shall be prima facie evidence of all it contains, and no further proof thereof shall be required unless either party desires to examine the sheriff, deputy sheriff, police officer, independent civil process server, or investigator making service, in which case the sheriff, deputy sheriff, police officer, independent civil process server, or investigator shall be notified to appear for examination. [L 1888, c 57; RL 1925, §2342; RL 1935, §4078; RL 1945, §10060; RL 1955, §230-30; am L 1963, c 85, §3; HRS §634-58; am L 1972, c 89, §2A(e); ren HRS §634-22; gen ch 1985; am L 1989, c 123, §3 and c 211, §10; am L 1990, c 281, §11; am L 1993, c 173, §3; am L 1994, c 9, §2; am L 2012, c 142, §8; am L 2013, c 116, § §10, 25(9); am L 2015, c 101, §4; am L 2021, c 41, §10; 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 circuit courts, see HRCP rule 4(g), (h); as to district courts, see DCRCP rule 4(g), (h); as to family courts, see HFCR rule 4.
Probate proceedings, see HPR rule 8.
Case Notes
Officers who may serve. 15 H. 486 (1904).
Record sufficient evidence. 16 H. 427 (1905).
Return not invalidated by failure to show that it was made as required by statute. Presumption of validity in absence of contrary showing. 19 H. 494 (1909).
Conflicting interests of serving officers. 40 H. 279 (1953).
Return is prima facie evidence of all it contains. 48 H. 306, 402 P.2d 440 (1965).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-24 Service outside the State or by registered mail.

§634-24 Service outside the State or by registered mail.
[(a)] In any case in which, under section 634-23, provision is made for service of summons as provided by this section, personal service shall be made upon the defendant wherever found or the defendant shall be served by registered or certified mail with request for a return receipt and marked deliver to addressee only, as ordered by the court. A certified copy of the order, the summons and the complaint shall be served, and the service shall be evidenced by an affidavit showing that the required papers were sent by registered or certified mail as aforesaid, and by the receipt signed by the defendant and filed with the affidavit, or in the case of personal service by the return of the serving officer or the affidavit of any other person authorized to serve process in the place where the defendant is found or appointed by the court to make the service.
[(b)] The affidavit required by this section shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to satisfy the requirements of this section and any other pertinent facts. [CC 1859, §1104; am L 1903, c 5, §1; RL 1925, §2344; am L 1929, c 43, §2; RL 1935, §4080; RL 1945, §10062; RL 1955, §230-32; HRS §634-60; am L 1972, c 89, §2A(g); ren HRS §634-24; am L 1976, c 183, §2; gen ch 1985]
Case Notes
See 10 H. 668, 673 (1897); 35 H. 689, 710 (1940); 46 H. 1, 373 P.2d 710 (1962); 50 H. 484, 443 P.2d 155 (1968).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-25 Personal service on resident outside the State.

§634-25 Personal service on resident outside the State.
[(a)] Whenever a defendant, being a resident of the State, cannot be served within the State[,] personal service may be made upon the defendant outside the State by any person authorized to serve process in the place in which the defendant may be found or specially appointed by the court to make the service[,] which service shall be evidenced by the return of the serving officer or by affidavit and shall be of the same legal force and validity as if made within the State.
[(b)] The affidavit required by this section shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to satisfy the requirements of this section and any other pertinent facts. [L 1972, c 89, §2A(h); HRS §634-60.5; ren HRS §634-25; am L 1976, c 183, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-26 Form of published notice.

§634-26 Form of published notice.
The published notice provided for by section 634-23 shall be in the form of a summons, without a caption but referring to the complaint or petition, stating briefly the object of the action or proceeding[,] with a brief description of the property involved, and calling upon the persons to whom it is addressed to plead on or before a return day stated in the notice. [L 1917, c 67, §3; RL 1925, §2347; am L 1929, c 43, §4; RL 1935, §4083; RL 1945, §10065; RL 1955, §230-36; HRS §634-63; am L 1972, c 89, §2A(i); ren HRS §634-26]
Rules of Court
Publication of summons, see HRCP rule 4.
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-27 Substituted service of summons in attachment cases.

§634-27 Substituted service of summons in attachment cases.
In all cases where a writ of attachment is issued out of any court in accordance with chapter 651, relating to attachments, if it appears by affidavit or otherwise to the satisfaction of the judge that the defendant in attachment was never a resident of the State, or has removed therefrom, or that the defendant secretes oneself so that process cannot be personally served upon the defendant, the judge may order that service be made by publication as provided in section 634-23, or in the manner provided in section 634-24, and with like effect. Upon the trial of the cause the defendant thus summoned, if the defendant does not appear, may be declared to be in default, and the court may proceed to hearing and judgment, and may issue execution against the property upon which attachment has been levied. [L 1917, c 67, §1; RL 1925, §2345; am L 1929, c 43, §3; RL 1935, §4081; RL 1945, §10063; RL 1955, §230-34; HRS §634-61; ren HRS §634-27; gen ch 1985]
Rules of Court
See HRCP rules 4(e), (f), 64, 69.
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-28 Form of judgment.

§634-28 Form of judgment.
The judgment rendered in such a cause shall be in form a personal judgment against the defendant or defendants, but shall not be valid, except for the purpose of the issuance of the levy of execution and of sale upon the property so attached. [L 1917, c 67, §2; RL 1925, §2346; RL 1935, §4082; RL 1945, §10064; RL 1955, §230-35; HRS §634-62; ren HRS §634-28]
Rules of Court
See HRCP rules 64, 69.
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-29 In case of attachment, etc., of real property.

§634-29 In case of attachment, etc., of real property.
In all cases of attachment, sequestration, or injunction of real property, the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 serving the writ shall, in addition to personal delivery of a copy thereof to the defendant, post upon the premises a copy of the process, and a notice of the day and hour when attached, sequestrated, or enjoined, and shall also give notice thereof in a newspaper or newspapers suitable for the advertisement of judicial proceedings. But in all cases where a writ of attachment is issued in accordance with chapter 651 relating to attachments, and the defendant in attachment was never a resident of the State or has departed from the State or secretes oneself so that the writ of attachment cannot be personally served upon the defendant, personal service of the writ upon the defendant may be dispensed with. All after-leases, mortgages, sales, devises, assignments, trusts, or other conveyances of the property, until the dissolution of the process, shall be void in law as against the plaintiff in such cases. [CC 1859, §1124; am L 1903, c 5, §1; am imp L 1917, c 67, §1; RL 1925, §2348; RL 1935, §4084; RL 1945, §10066; RL 1955, §230-37; HRS §634-64; ren HRS §634-29; gen ch 1985; am L 2013, c 116, § §11, 25(10); am L 2015, c 101, §4; am L 2021, c 41, §11; 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
See HRCP rules 4(e), (f), 64, 65; DCRCP rule 64.
Proof of publication, see RCC rule 11.
Case Notes
Execution must be postponed to the lien of a prior attachment. 6 H. 564 (1885).
Compliance with statute while essential to completion of a title under the lien established by the levy of attachment constitutes no part of the levy itself. 26 H. 342 (1922).
Section is in pari materia with § §651-44 and 651-49 and a mortgage made subsequent to attachment is void as against attaching creditor. 51 H. 164, 454 P.2d 116 (1969).
Valid attachment is dissolved only if defendant puts up bond or recovers judgment, or action is discontinued or dismissed. 51 H. 164, 454 P.2d 116 (1969).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-29.5 Service in cases involving real property.

§634-29.5 Service in cases involving real property.
(a) Notwithstanding any other provision of law, in an action the principal subject matter of which is real property owned by a defendant who is not a resident of the State, service of summons may be made upon the defendant by sending the summons and complaint by certified, registered, or express mail, postage prepaid, with return receipt requested to the address of the defendant on file with the real property assessment office of the county in which the real property is located. The plaintiff or the plaintiff's attorney shall file an affidavit showing that the summons and complaint were sent by certified, registered, or express mail, and the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon the delivery of the summons and complaint to the defendant in the event that the defendant does not sign and return the receipt, or shall be deemed complete upon the date the return receipt was signed by the defendant in the event that the defendant signs and returns the receipt within thirty days of delivery, whichever date is later.
(b) As used in this section, "real property owned by a defendant who is not a resident of the State" means real property for which the address on file with the real property assessment office of the county in which the property is located is an address that is not in this State. [L 2018, c 94, §2]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-30 Organizations and associations, service of process on; judgment.

§634-30 Organizations and associations, service of process on; judgment.
When two or more persons associate and act, whether for profit or not, under a common name, including associating and acting as a labor organization or employer organization, whether the common name comprises the names of the persons or not, they may sue in or be sued by the common name, and the process shall be served on any officer, trustee, or agent of the association if an officer, trustee, or agent can be found, or if no officer, trustee, or agent can be found as shown by the return of the serving officer, then upon any one or more members of the association, or as otherwise provided by rule of court. Any such service constitutes service upon the association. The judgment in those cases shall accrue to the joint or common benefit of and bind the joint or common property of the association, the same as though all members had been named as parties to the action. No judgment shall be enforceable against any person or the person's individual assets unless the:
(1) Person has been joined and served as an individual party to the action; or
(2) Judgment is so enforceable pursuant to section 634-3 or any other law. [L Sp 1949, c 4, §1; RL 1955, §230-39; HRS §634-66; am L 1972, c 89, §2A(j); ren HRS §634-30; am L 2016, c 55, §27]
Rules of Court
Actions relating to unincorporated associations, see HRCP rule 23.2.
Execution, see HRCP rule 69.
Service, see HRCP rule 4.
Case Notes
Mentioned with respect to validity of personal judgment against creditors and stockholders of a corporation. 59 H. 189, 579 P.2d 99 (1978).