Haw. Dist. Ct. R. Civ. P. 69

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in the manner provided by the law of the State. In aid of the judgment or execution, the judgment creditor or the judgment creditor's successor in interest when that interest appears of record, may examine or obtain written discovery from any person, including the judgment debtor, in the manner provided in these rules and Rule 30 of the Rules of the District Court of the State of Hawaiʻi, provided, however, questions and depositions upon written questions shall not exceed 45 questions in number including sub-parts.

When failure of any person to appear for examination results in the oral issuance of a bench warrant, the judgment creditor or judgment creditor's attorney must file the bench warrant within ten (10) days of the court's issuance. Leave of court is required to file a bench warrant outside the time limit set forth in this rule.

COMMENTS:

Adopts DCRCP Rule 69 (HRCP Rule 69 is identical) with changes to gender neutral language. The new rule adds the possibility of written discovery with a limit to deter any abuses and adds a cross-reference to the corresponding Rule 30 of the District Court Rules. The last paragraph incorporates current practice based upon a 5/5/77 administrative memo and is consistent with Rule 23 of the Circuit Court Rules. Any bench warrant must be timely filed (10 days) or it will be rejected.

(Amended effective December 6, 1996.)