Terms Used In Hawaii Revised Statutes 172-5

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

If in any case, an appearance is entered and answer filed, the cause shall be set down for hearing on the motion of either party, but an order of default may first be entered against all persons who do not appear and answer in the manner provided in § 172-4. If on the trial of the cause it appears that commutation is due the State on the land in question, or in case of an order of default having been entered, the judge may make an order that unless the amount of the commutation, together with all costs accrued, is paid within thirty days, the property or so much thereof as may be necessary, shall be sold at public auction to the highest bidder to satisfy the government’s lien for commutation, together with interest, costs of appraisement, the costs of publication of the notice herein provided for, costs of court and of sale, and that the owner or owners of the property and their predecessors in title shall be forever foreclosed and barred from any right to redeem the property so sold.