Hawaii Revised Statutes
651. Attachment and Execution
651-1 General provisions.

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

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 36. Civil Remedies and Defenses and Special Proceedings

651. Attachment and Execution

651-1 General provisions.

651-2 Writ; issued when.

651-3 Affidavit.

651-4 Bond; amount and conditions.

651-5 Additional security.

651-6 Action on bond.

651-7 Writ; how issued.

651-8 Amount levied on.

651-9 Writ; how executed.

651-10 Indemnity for police officer.

651-11 Execution in order of receipt.

651-12 Examination of defendant; where no property known.

651-13 Attached property; sale of.

651-14 Appointment of receiver.

651-15 Officer's return; how made.

651-16 Discharge of writ.

651-17 Discharge by bond of defendant.

651-18 Discharge of writ when improperly issued.

651-19 Recording discharge.

651-20 Judgment satisfied out of attached property.

651-21 Deficiency.

651-31 Time of issuance.

651-32 Execution, district court; form.

651-32.1 REPEALED.

651-33 Bond for expenses on execution.

651-34 Time within which execution shall be returnable.

651-35 When property in circuit insufficient.

651-36 Execution, courts of record; form.

651-37 Address, signature.

651-38 Alias writs.

651-39 Available in all circuits.

651-40 Stay by judge; effect.

651-41 Priority in levying.

651-42 How levy made, inventory.

651-43 Advertisement for sale.

651-44 Sale; proceeds; return.

651-45 Postponement of sale.

651-46 Deeds, etc.

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.

651-48 Same, penalty.

651-49 Only defendant's interest sold.

651-50 Liability for exceeding powers.

651-51 Indemnity bond.

651-52 Indemnity, how collected.

651-61 Exemption, how claimed.

651-62 Indemnity bond if exemption claimed.

651-63 Liability for selling exempt property.

651-64 Seizure of exempt property.

651-65 to 651-67 REPEALED.

651-68 Proceedings on execution; appraisers; expiration of lien, result.

651-69 Application form contents.

651-70 Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers.

651-91 Definitions.

651-92 Real property exempt.

651-93 Effect of separation, divorce, reconciliation.

651-94 Proceedings where real property can be divided without material injury.

651-95 Sale where real property cannot be divided; application of proceeds.

651-96 After sale, money equal to real property exemption protected.

651-121 Certain personal property and insurance thereon, exempt.

651-122 Personal property not exempt.

651-123 Application of proceeds of sale.

651-124 Pension money exempt.