Hawaii Revised Statutes 660. Habeas Corpus

  • 660-1, 2 Repealed.
    L 1972, c 90, §5(u).
  • 660-3 Issuable by Whom.
    The supreme court, the justices thereof, and the circuit courts may issue writs of habeas corpus in cases in which persons are unlawfully restrained...
  • 660-4 for Prisoners, for Trial or Testimony.
    Nothing in this chapter shall be construed to restrain the power of any court of record to issue a writ of habeas corpus ad...
  • 660-5 Complaint.
    Application for the writ or an order to show cause shall be made to the court or judge authorized to issue the same, by...
  • 660-6 Form of Writ.
    The court or judge to whom the complaint is made shall, without delay, award and issue the writ unless it appears from the application...
  • 660-7 Order to Show Cause in Lieu of Writ.
    The court or judge to whom the complaint is made may issue an order directing the person by whom the party is imprisoned or...
  • 660-8 Repealed.
    L 1972, c 90, §5(u).
  • 660-9 Sunday.
    Any writ or process authorized by this chapter may be issued or served on Sunday. [L 1870, c 32, §29; RL 1925, §2732; RL...
  • 660-10, 11 Repealed.
    L 1972, c 90, §5(u).
  • 660-12 by Supreme Court; to Whom Returnable.
    Whenever the writ or order to show cause is issued by the supreme court or a justice thereof, it may be made returnable before...
  • 660-13 Issuance to Person of Unknown Name.
    If the name of the person by whom the party is alleged to be restrained of the party's liberty is unknown or uncertain, the...
  • 660-14 for Person of Unknown Name.
    The person to be produced shall be designated by the person's name, if known, and if that is not known or is uncertain, the...
  • 660-15 Costs.
    If the party is confined in any prison or is in the custody of any civil officer, the court or judge granting the writ...
  • 660-16 Person Held Until Writ Issues, When.
    Whenever it appears by satisfactory proof, by affidavit or otherwise, to any court or judge authorized by law to issue writs of habeas corpus,...
  • 660-17 Return to Be Prompt.
    Any person to whom a writ of habeas corpus is directed, upon payment or tender of reasonable charges or expenses for its execution if...
  • 660-18 Contents.
    The person making the return shall state therein, in writing, plainly and unequivocally: (1) Whether he has or has not the person designated in...
  • 660-19 Signature, Oath, Evidence.
    The return shall be signed by the person making it, and sworn to by the person, unless the person is a sworn public officer...
  • 660-20 Body to Be Produced, Except When.
    The person making the return to a writ of habeas corpus shall bring the body of the person, if in his custody or power,...
  • 660-21 Procedure in Case of Sickness, Etc.
    When from sickness or infirmity of the person, the person cannot properly be brought to the place appointed for the return, that fact shall...
  • 660-22 Disobeying Writ or Order to Show Cause, Penalties.
    Any person who neglects or refuses promptly to perform any duty imposed upon such person by virtue of any writ of habeas corpus or...
  • 660-23 Evading Service, Penalties.
    The liabilities and penalties of section 660-22 shall also be imposed upon any person who, having in his custody or under his power any...
  • 660-24 Hearing Without Delay.
    Upon the return of the writ or order to show cause, the court shall proceed without delay to examine the causes of imprisonment or...
  • 660-25 Notice to Other Parties, When.
    If the person is detained on any process under which any other person has an interest in his detention, and the other person or...
  • 660-26 Notice to Attorney General, When.
    If the person is imprisoned on any criminal accusation, reasonable notice shall be given to the attorney general, or the attorney general's deputy, lawfully...
  • 660-27 Return, Hearing.
    The person imprisoned or restrained may deny any of the facts set forth in the return and may allege other material facts, and the...
  • 660-28 Bail, Etc., Before Judgment.
    Except as otherwise provided: (1) Until judgment is given, the court may remand the party or accept bail for the party's appearance from day...
  • 660-29 Discharge, When.
    If no legal cause for the imprisonment or restraint is shown the person shall be immediately discharged therefrom. [L 1870, c 32, §21; RL...
  • 660-30 Admitted to Bail, When.
    If the person is detained for any cause or offense and admittance to bail is a matter of right, the person shall be admitted...
  • 660-31 Bail Reduced, When.
    If the person is committed because the person cannot furnish the bail ordered, and the bail which is required appears to be excessive or...
  • 660-32 Remanded, When.
    If the person is lawfully imprisoned or restrained, and is not entitled to be admitted to bail, he shall be remanded to the person...
  • 660-33 Discharge, Effect Of.
    No person who has been discharged upon a writ of habeas corpus shall be again imprisoned or restrained for the same cause, unless the...

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(a)(6), (f), (g), (h).

Case Notes

Where father failed to comply with the procedural requirements of this chapter, the family court was not validly called upon to exercise its discretion in determining whether to serve a writ of habeas corpus ad testificandum upon the department of human services. 102 H. 335 (App.), 76 P.3d 578 (2003).

Last modified: October 27, 2016