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, […]
§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 […]
§651-32.1 REPEALED. L 1973, c 86, §1.
§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 […]
§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 […]
§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 […]
§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 […]
§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; […]
§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, […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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 […]
§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. […]
§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 […]
§651-48 Same, penalty. Any owner or holder of any certificate of stock which has been levied upon by virtue of an execution who sells or otherwise voluntarily disposes of the certificate of stock without consent of the judgment creditor, or order of the court, or who, upon demand of the levying officer, refuses to surrender […]
§651-49 Only defendant’s interest sold. No sale by execution shall operate to convey a greater estate or interest in the property sold, than the defendant in execution had at the time of sale; and all such sales of property not belonging to the defendant shall subject the officer to the private action of the purchaser, […]
