652-9  Garnishee may be heard on notice to plaintiff.  Whenever any person summoned as a garnishee may be desirous of so doing, the person may apply to the district judge or any judge of the court from which the summons may have issued, and the judge having caused reasonable notice to be given to the plaintiff in the action, shall proceed to take the deposition of the person thus summoned, and make such order as may be proper in the premises, at any time previous to the date appointed for hearing the cause, and the person summoned as garnishee, shall be taken to have obeyed the summons.  If it appears that there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee’s hands, any time after the summons is served the garnishee may be permitted upon order of the judge to pay into the court any moneys held for safekeeping, debts, goods, or effects in the garnishee’s hands, less any reasonable costs and attorney’s fees allowed by the judge and the garnishee will thereupon be discharged.  With or without payment into court, any garnishee may, where there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee’s hands of any amount, make application for an interpleader order and the judge shall thereupon make all orders as appear to be just and reasonable.

Terms Used In Hawaii Revised Statutes 652-9

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.