§654‑2  Bond.  When the plaintiff
desires the immediate delivery of the property, the plaintiff shall execute a
bond to the defendant in possession of the property, and to all persons having
an interest in the property, of such amount and with such sureties as are
approved by the court, conditioned that the plaintiff will prosecute the
plaintiff's action to judgment without delay, and deliver the property to the
defendant in possession or any other person, if such delivery is adjudged, and
pay all costs and damages that may be adjudged against the plaintiff.  Upon the
filing of the verified complaint or affidavit with the bond and a motion for
immediate consideration of the matter, the court shall forthwith inquire into
the matter, ex parte or otherwise, as in its discretion it determines.  If
thereupon the court finds that a prima facie claim for relief has been
established, it shall issue an order directed to the sheriff, or the sheriff's
deputy, or the chief of police, or an authorized police officer of any county,
or a person authorized by the rules of court, to take the property therein
described and deliver the same to the plaintiff.



Copies of the verified complaint or affidavit,
and, if a bond for immediate seizure has been filed, of the bond, and, if an
order for the taking has been issued on an ex parte hearing, of the order,
shall forthwith be served upon the defendant in possession and each person
having or claiming a possessory interest in the property, in the same manner as
is provided for service of summons unless the party to be served has appeared
in the action, in which case service may be made in the same manner as is
provided for service of papers other than the summons.  In a proper case,
either before or after issuance of an order for the taking, the required
service may be combined with the publication of the summons, in which event the
giving of notice of the substance of the proceeding shall be sufficient.



Upon the application of any party, the
proceeding shall be advanced and assigned for hearing at the earliest possible
date. [L Sp 1949, c 7, pt of §1; RL 1955, §244-21; am L 1963, c 85, §3; HRS
§654-22; am L 1972, c 90, §1(b); ren HRS §654-2; gen ch 1985; am L 1989, c 123,
§6 and c 211, §10; am L 1990, c 281, §11; am L 2002, c 16, §26]



 



Cross References



 



  Bond, see §78-20.



  Licensed process servers, see chapter 634D.



  Sheriff, etc., see §26-14.6.