Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 651
Hawaii Revised Statutes

Haw. Rev. Stat. § 651-1 (2026)

  General provisions

✓ current as of July 2026
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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)  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)  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)  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).

 

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1996–2025 · leading case: Matson Navigation Co. v. Fed. Deposit Ins. Corp., 916 P.2d 680 (Haw. 1996).
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Matson Navigation Co. v. Fed. Deposit Ins. Corp., 916 P.2d 680 (Haw. 1996). · cites it 2× “” HRS § 651-1 (1993). 6 .After the police officer has levied the attachment, [t]he police officer shall make out a full inventory of the property attached and return the same with the writ of attachment.”
Winn v. Brady. ICA Opinion, filed 12/19/2023 [ada]. Application for Writ of Certiorari, filed 03/18/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 4/30/2024. (Haw. 2025). · cites it 6× “The Spences also argue that based on the language of HRS § 651-1(c), which provides that “[n]othing in this chapter shall be construed to make an independent civil process server a 8 *** FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** law enforcement officer,…”
Haw. Rev. Stat. § 651-1(c): 1 case
Winn v. Brady. ICA Opinion, filed 12/19/2023 [ada]. Application for Writ of Certiorari, filed 03/18/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 4/30/2024. (Haw. 2025). “The Spences also argue that based on the language of HRS § 651-1(c), which provides that “[n]othing in this chapter shall be construed to make an independent civil process server a 8 *** FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER *** law enforcement officer,…”
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