PART II.  INTERPLEADER

     §634-11  Interpleader; application for order by sheriff, deputy sheriff, police officer, or independent civil process server.  When, in the execution of process against goods and chattels issued by or under the authority of the courts of the State, by reason of claims made to such goods and chattels by assignees of bankrupts and other persons not being the parties against whom such process had issued, whereby the sheriff, deputy sheriffs, police officers, or independent civil process servers from the department of law enforcement's list under section 353C-11 are exposed to the hazard and expense of actions, any such claim shall be made to any goods or chattels taken or intended to be taken in execution under any such process or to the proceeds or value thereof, it shall be lawful for the court, out of which the execution shall have issued, or any judge thereof, upon application of the sheriff, deputy sheriff, police officer, or independent civil process server made before or after the return of such process, and as well before as after any action brought against the sheriff, deputy sheriff, police officer, or independent civil process server to call before it or the judge by rule, order, or summons, as well the party issuing such process as the party making the claim.  Thereupon the court or judge shall, for the adjustment of the claims and the relief and protection of the sheriff, deputy sheriff, police officer, or independent civil process server, make such rules, orders, and decisions as shall appear to be just according to the circumstances of the case.  The costs of all such proceedings shall be in the discretion of the court or judge. [L 1876, c 33, §5; RL 1925, §2872; RL 1935, §4061; RL 1945, §10043; RL 1955, §230-13; am L 1963, c 85, §3; HRS §634-43; ren HRS §634-11; am L 1980, c 232, §32; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §6; am L 2013, c 116, §§8, 25(7); am L 2015, c 101, §4; am L 2021, c 41, §8; am L 2022, c 278, §17]

Note

  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.

Case Notes

  Did not apply to district courts under prior law.  6 H. 254 (1879).