PART III. 
FORFEITURE



 



§804-51  Procedure.  Whenever the court,
in any criminal cause, forfeits any bond or recognizance given in a criminal
cause, the court shall immediately enter up judgment in favor of the State and
against the principal or principals and surety or sureties on the bond, jointly
and severally, for the full amount of the penalty thereof, and shall cause
execution to issue thereon immediately after the expiration of thirty days from
the date that notice is given via personal service or certified mail, return
receipt requested, to the surety or sureties on the bond, of the entry of the
judgment in favor of the State, unless before the expiration of thirty days
from the date that notice is given to the surety or sureties on the bond of the
entry of the judgment in favor of the State, a motion or application of the
principal or principals, surety or sureties, or any of them, showing good cause
why execution should not issue upon the judgment, is filed with the court.  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 surety, whoever shall have given it, less
the amount of any cost, as established at the hearing, incurred by the State as
a result of the nonappearance of the principal or other event on the basis of
which the court forfeited the bond or recognizance.  If the motion or
application, after a hearing held thereon, is overruled, execution shall
forthwith issue and shall not be stayed unless the order overruling the motion
or application is appealed from as in the case of a final judgment.



This section shall be considered to be set
forth in full in words and figures in, and to form a part of, and to be
included in, each and every bond or recognizance given in a criminal cause,
whether actually set forth in the bond or recognizance, or not. [L 1933, c 17,
§§1, 2; RL 1935, §5461; RL 1945, §10761; RL 1955, §256-50; HRS §709-51; am L
1970, c 188, §39; ren L 1972, c 9, pt of §1; am L 1972, c 109, §1(b), (c); am L
1989, c 289, §1; am L 2002, c 10, §1]



 



Rules of Court



 



  See HRPP rule 46.



  Applicability of rules, see HRCP rule 81(a)(8), (f), (g),
(h), (i); DCRCP rule 81(a)(2).



 



Case Notes



 



  Appeal not untimely where appealable event was order denying
motion to set aside judgment of forfeiture.  81 H. 324, 916 P.2d 1225.



  "Good cause why execution should not issue upon the judgment"
of forfeiture may be shown by defendant providing a satisfactory reason for
defendant's failure to appear when required or surrendering or being
surrendered prior to expiration of the thirty-day search period.  81 H. 324,
916 P.2d 1225.



  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.



  Circuit court's delayed entry of forfeiture judgment resulted
in no prejudice to surety and did not render the judgment void or otherwise
unlawful.  83 H. 118, 925 P.2d 288.



  Surety's motion under this section failed to make requisite
showing of good cause why execution should not issue upon forfeiture judgment
where principal neither surrendered nor was surrendered prior to expiration of
the thirty-day search period.  83 H. 118, 925 P.2d 288.



  Surety not excused from liability under bail bond where
surety provided no evidence that "uncontrollable circumstances"
prevented it from meeting its obligations under the bond.  88 H. 126 (App.),
962 P.2d 1008.