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Hawaii Revised Statutes

Haw. Rev. Stat. § 804-14 (2026)

  Discharge of sureties

✓ current as of July 2026
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     §804-14  Discharge of sureties.  Those who may have become bail for anyone, may at any time discharge themselves, by surrendering him to the custody of any sheriff or chief of police or his authorized subordinate. [PC 1869, c 50, §14; RL 1925, §3990; am imp L 1933, c 30, §1; RL 1935, §5444; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10744; RL 1955, §256-14; HRS §709-14; ren L 1972, c 9, pt of §1; am L 1989, c 211, §10; am L 1990, c 281, §11]

 

Case Notes

 

  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 (1996).

  Because §804-51 governs situations in which judgment of forfeiture has been entered, and such a judgment was entered against petitioner, §804-51 and not this section applied to recovery of the bail bond by petitioner.  131 H. 9, 313 P.3d 698 (2013).

  Pursuant to §804-51, once the court forfeits a bail bond, this section is limited by the thirty-day search period contained within §804-51.  131 H. 9, 313 P.3d 698 (2013).

 

 

Notes of Decisions
Cited in 18 cases (8 in the last 5 years), 1996–2026 · leading case: State v. Vaimili., 313 P.3d 698 (Haw. 2013).
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State v. Vaimili., 313 P.3d 698 (Haw. 2013). · cites it 42× “In its Application, Petitioner maintains (1) “the ICA’s conclusion that HRS § 804-51 is the ‘exclusive means’ for redress constitutes a grave error of law,” (2) HRS § 804-14 “allow[s] a bail forfeiture to be set aside where the defendant is apprehended through efforts of the…”
State v. Camara, 916 P.2d 1225 (Haw. 1996). · cites it 8× “On September 20, 1994, Aloha filed a “bail bond surrender,” pursuant to HRS § 804-14 (1993). 4 Thereafter, on September 23, 1994, Aoha submitted its motion to set aside, pursuant to HRS § 804-51 (1993), which provides that either the principal or surety may make an application…”
State v. Ranger Ins. Co. Ex Rel. James Lindblad, Inc., 925 P.2d 288 (Haw. 1996). · cites it 9× “See HRS § 804-14, supra at note 3. On February 21, 1992, the circuit court filed its order denying stay of execution on the grounds that the Surety had failed to show good cause why execution should not issue upon the forfeiture judgment, as required by HRS § 804-51.”
State v. Nelson, 398 P.3d 712 (Haw. 2017). “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal or…”
State v. Nelson, 384 P.3d 923 (Haw. App. 2016). “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal or…”
State v. Diaz., 286 P.3d 824 (Haw. 2012). “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal or…”
State v. Flores, 962 P.2d 1008 (Haw. App. 1998). “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804^-41, return the bond or recognizance to the principal or…”
State v. Miles, 354 P.3d 178 (Haw. App. 2015). “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal or…”
State v. Nelson. Consol. with Nos. CAAP-12-0001041, CAAP-12-0001042, CAAP-12-0001043, CAAP-12-0001044, CAAP-12-0001045, CAAP-12-0001046, & CAAP-12-0001047. (Haw. 2017). · cites it 2× “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal or…”
State v. Kamealoha (Haw. App. 2025). · cites it 2× “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal or…”
State v. Kahele (Haw. App. 2026). · cites it 2× “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal, surety,…”
State v. Milo, 499 P.3d 418 (Haw. App. 2021). “If the motion or application, after a hearing held thereon, is sustained, the court shall vacate the judgment of forfeiture and, if the principal surrenders or is surrendered pursuant to section 804-14 or section 804-41, return the bond or recognizance to the principal or…”
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