HRS 0804-0051 ANNOTATIONS

See HRPP rule 46.

Applicability of rules, see HRCP rule 81(a)(8), (f), (g), (h), (i); DCRCP rule 81(a)(2).

Appeal not untimely where appealable event was order denying motion to set aside judgment of forfeiture. 81 H. 324, 916 P.2d 1225.

"Good cause why execution should not issue upon the judgment" of forfeiture may be shown by defendant providing a satisfactory reason for defendant's failure to appear when required or surrendering or being surrendered prior to expiration of the thirty-day search period. 81 H. 324, 916 P.2d 1225.

Where principal was surrendered, surety entitled to return of bond whether principal was actually surrendered by surety or police. 81 H. 324, 916 P.2d 1225.

Circuit court's delayed entry of forfeiture judgment resulted in no prejudice to surety and did not render the judgment void or otherwise unlawful. 83 H. 118, 925 P.2d 288.

Surety's motion under this section failed to make requisite showing of good cause why execution should not issue upon forfeiture judgment where principal neither surrendered nor was surrendered prior to expiration of the thirty-day search period. 83 H. 118, 925 P.2d 288.

Surety not excused from liability under bail bond where surety provided no evidence that "uncontrollable circumstances" prevented it from meeting its obligations under the bond. 88 H. 126 (App.), 962 P.2d 1008.