PART I. ATTACHMENT

 

Rules of Court

 

See HRCP rule 64; DCRCP rule 64.

 

651-1 General provisions. [Repeal and reenactment on June 30, 2020. L 2015, c 101, 4.] (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. The phrase "police officer", as used in this chapter, 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-10. 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 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 servers on the list maintained by the department of public safety pursuant to section 353C-10. The maintenance of the list pursuant to section 353C-10 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.

(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 public safety or the State. [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)]

 

Rules of Court

 

As to powers at chambers, see HRCP rule 77(b).

 

 

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