Chapter 660 — Chapter 660

§§660-1 and 660-2 REPEALED. L 1972, c 90, §5(u).

§§660-10 and 660-11 REPEALED.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 the supreme court or a circuit court. [L 1870, c 32, §8; am L 1903, c 79, §2; RL 1925, §2735; RL 1935, §432…

§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 person may be described by an assumed appellation. Whoever is served with the writ or order to show cause, shall…

§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 person may be designated in any other manner, so that it can be known who is the person intended. [L 1870, c 32, §10; RL…

§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 shall certify thereon the sum to be paid for the expense of bringing the party from the place where the party is imprisoned or restrained. The off…

§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, that anyone is illegally held in custody, confinement, or restraint and that there is good r…

§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 ordered by the court, and any person to whom an order to show cause is directed, shall make return thereto with as mu…

§660-18 Contents. The person making the return shall state therein, in writing, plainly and unequivocally: No return shall be adjudged sufficient when the respondent has once held the person in his custody or power, or under his restraint or control, unless it states fully all th…

§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 making the return in the person's official capacity. The return shall be evidence in the case, but not conclusive. [L 187…

§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 the custody or power of the person making the return, or under the restraint or control of the person making the return, according to the co…

§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 be set forth, and if verified by affidavit and established to the satisfaction of the court, the…

§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 order to show cause, conformably to this chapter, shall be responsible in a civil action t…

§660-23 Evading service, penalties. The liabilities and penalties of section 660-22 shall also be imposed upon any person who, having in that person's custody or under that person's power any person entitled to a writ of habeas corpus, with intent to elude the service of the writ…

§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 restraint. The examination may be adjourned from time to time as circumstances may reasonably require. [L 1870, c 32, …

§660-25 Notice to other parties, when. If the person is detained on any process under which any other person has an interest in the person's detention, and the other person or the other person's attorney is within the State and can be notified without unreasonable delay, the pers…

§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 appointed, to appear and object if the attorney general or the attorney general's…

§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 court shall proceed in a summary way to examine the causes of imprisonment or restraint and to hear evidence which may be of…

§660-28 Bail, etc., before judgment. Except as otherwise provided:

§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 1925, §2752; RL 1935, §4337; RL 1945, §10378; RL 1955, §239-29; HRS §660-29]

§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 of their liberty; provided that persons committed or detained by order of the family court or under chapte…

§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 to bail, or bail may be dispensed with as provided by the state constitution. If the person cannot furnish the bail ordered…

§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 unreasonable, the court shall decide what bail is reasonable, and shall order that upon furnishing such bail the pe…

§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 or officer having lawful authority to detain him. [L 1870, c 32, §24; RL 1925, §2755; RL 1935, §4340; RL 1945, §10381; RL 195…

§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 person is indicted therefor, or convicted thereof, or committed for want of bail, by some court of record, having ju…

§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 respondendum, when necessary, to bring before it any prisoner for trial in any criminal cause, lawfully pendin…

§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 complaint in writing, signed by the party for whose relief it is intended, or by some person in the party's behalf, setting forth: The facts a…

§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 that the person detained is not entitled thereto or an order to show cause is issued under section 660-7. The writ of habeas…

§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 restrained, to appear and show cause for the imprisonment or restraint at such time as the court shall direct, b…

§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 1935, §4317; RL 1945, §10358; RL 1955, §239-9; HRS §660-9]