PART I.  ATTACHMENT

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)  [Subsection effective until December 31, 2023.  For subsection effective January 1, 2024, see below.]  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.

     (b)  [Subsection effective January 1, 2024.  For subsection effective until December 31, 2023, see above.]  The department of law enforcement, the State, and the agencies, officers, and employees of the department of law enforcement 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 law enforcement 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 law enforcement, the State, or the agencies, officers, and employees of the department of law enforcement or the State.

     (c)  [Subsection effective until December 31, 2023.  For subsection effective January 1, 2024, see below.]  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.

     (c)  [Subsection effective January 1, 2024.  For subsection effective until December 31, 2023, see above.]  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 law enforcement or the State.

     (d)  [Subsection effective until December 31, 2023.  For subsection effective January 1, 2024, see below.]  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.

     (d)  [Subsection effective January 1, 2024.  For subsection effective until December 31, 2023, see above.]  As used in this chapter, "police officer" means the director of law enforcement 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 law enforcement 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; 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 powers at chambers, see HRCP rule 77(b).