§636-4 Examination of judgment debtors and others.
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§636-4 Examination of judgment debtors and others. Any creditor who has obtained a judgment in any court, or the creditor's successor in interest when that interest appears of record, may apply to the court for the issuance of orders, summons, or subpoenas, in order that the judgment debtor, and any other person having any knowledge about the affairs or property of the judgment debtor, may be examined orally before, or as directed by, a judge of the court as to any and what property the debtor owns or has an interest in and what debts are owing to the debtor, and the court may issue such orders, summons, or subpoenas, for the examination of the judgment debtor and any other person having any knowledge about the affairs or property of the judgment debtor, and for the production of any books or documents.
The examination shall be conducted in the same manner as in the case of an oral examination of witnesses. If the court finds that the judgment debtor subsequent to the entry of judgment has wilfully concealed any of the judgment debtor's property or any interest therein the court shall tax all costs of the examination against the defendant, which shall be paid when the judgment is satisfied, in whole or in part, as a cost of execution. [L 1876, c 35, §4; am L 1915, c 10, §1; RL 1925, §2834;
RL 1935, §4134; am L 1939, c 24, §1; RL 1945, §10135; RL 1955, §232-5; HRS §636-4; am L 1972, c 89, §3(b); gen ch 1985]
Rules of Court
See HRCP rule 69; DCRCP rule 69.
Case Notes
Petition to any court to issue a garnishee summons must be in writing and contain a specific request for garnishee process. 5 H. 664 (1886).
Execution not a condition precedent. 19 H. 625 (1909).
Order to show cause. 22 H. 229 (1914).
Applies only to proceedings after judgment. 27 H. 749, 753 (1924).
Cited: 24 H. 16, 18 (1917).