§636-4  Examination of judgment debtors and
others.  Any creditor who has obtained a judgment in any court, or the
creditor's successor in interest when that interest appears of record, may
apply to the court for the issuance of orders, summons, or subpoenas, in order
that the judgment debtor, and any other person having any knowledge about the
affairs or property of the judgment debtor, may be examined orally before, or
as directed by, a judge of the court as to any and what property the debtor
owns or has an interest in and what debts are owing to the debtor, and the
court may issue such orders, summons, or subpoenas, for the examination of the
judgment debtor and any other person having any knowledge about the affairs or
property of the judgment debtor, and for the production of any books or
documents.  The examination shall be conducted in the same manner as in the
case of an oral examination of witnesses.  If the court finds that the judgment
debtor subsequent to the entry of judgment has wilfully concealed any of the
judgment debtor's property or any interest therein the court shall tax all
costs of the examination against the defendant, which shall be paid when the
judgment is satisfied, in whole or in part, as a cost of execution. [L 1876, c
35, §4; am L 1915, c 10, §1; RL 1925, §2834; RL 1935, §4134; am L 1939, c 24,
§1; RL 1945, §10135; RL 1955, §232-5; HRS §636-4; am L 1972, c 89, §3(b); gen
ch 1985]



 



Rules of Court



 



  See HRCP rule 69; DCRCP rule 69.



 



Case Notes



 



  Petition to any court to issue a garnishee summons must be in
writing and contain a specific request for garnishee process.  5 H. 664.



  Execution not a condition precedent.  19 H. 625.  Order to
show cause.  22 H. 229.  Applies only to proceedings after judgment.  27 H.
749, 753.



  Cited:  24 H. 16, 18.