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

Haw. Rev. Stat. § 651-34 (2025)

  Time within which execution shall be returnable

✓ laws through the 2025 session: the 2026 session is not included
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     §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 1970, c 188, §39]

 

Case Notes

 

  A writ of execution cannot properly be levied after the return day; once the return day of an execution passes, it becomes functus officio and confers no authority on the officer to whom it is directed; correlatively, a levy accomplished after the return day is invalid and a sale based thereon is void.  102 H. 518, 78 P.3d 331 (2003).

 

 

Notes of Decisions
Cited in 4 cases, 2003–2020 · leading case: Kapuwai v. City & Cnty. of Honolulu, 211 P.3d 750 (Haw. 2009).
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Kapuwai v. City & Cnty. of Honolulu, 211 P.3d 750 (Haw. 2009). · cites it 4× “Ditto held that under HRS § 651-34, which requires writs of execution to be returnable within sixty days of their issuance, the writ of execution in that case was "returnable prior to January 21, 2000[,]" and therefore the sheriffs levy was invalid.”
Ditto v. McCurdy, 78 P.3d 331 (Haw. 2003). · cites it 8× “) The writ of execution in this case directed the authorized officer to "make return of this writ of execution within sixty (60) days[.”
Barnes v. Sea Hawaii Rafting, LLC, No. 1:13-cv-00002 (D. Haw. Aug. 27, 2020). · cites it 4× “Haw. Rev. Stat. § 651-34 . The refiled motion should also include a proposed order for this Court’s signature authorizing issuance of the writ of execution.”
In re The Arbitration Between United Pub. Workers & City & Cnty. of Honolulu, No. CAAP-18-0000347 (Haw. App. Aug. 7, 2020). “In ruling on the contempt motion, the Circuit Court referred to Hawaii Revised Statutes (HRS) § 651-34, the execution statute, to establish a deadline for compliance with the Amended Judgment.”
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