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 […]
§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 […]
§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]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
