(a) Declaration and service. (1) Any motion for issuance of garnishee summons for funds of an individual held by a financial institution must be accompanied by a separate declaration of the movant/judgment creditor or movant/judgment creditor=s attorney setting forth those facts which lead the declarant to conclude that the funds to be garnished are not traceable to funds that are non-garnishable under the law. The sufficiency of each declaration in support of the motion for issuance of garnishee summons for funds shall be reviewed by the presiding judge prior to issuance of the garnishee summons. (2) Service shall be made in accordance with Rule 5(b) of these rules. (b) Where judgment/prejudgment debtor not an individual. Where the judgment debtor or prejudgment debtor is other than an individual such as a corporation, partnership or trustee, or where an individual's funds other than those held by a financial institution are being garnished, subsection (a) of this rule is not applicable. (c) Time of motion. In all post-judgment garnishment proceedings, unless ordered by the court, any motion for issuance of garnishee summons shall not be filed until ten days have elapsed since entry of judgment. (d) Garnishment of wages. Whenever a judgment creditor seeks to garnish a judgment debtor's wages pursuant to Chapter 652 or Chapter 653 of the Hawai'i Revised Statutes: (1) The judgment creditor must serve upon the judgment debtor's employer, in accordance with the procedures set forth in Chapter 652 or 653 of the Hawai'i Revised Statutes, two copies of either (i) the motion for issuance of garnishee summons or (ii) certified copy of the judgment and the affidavit or declaration as to the amount due and unpaid on account of the judgment, whichever is applicable, which includes a separate Garnishee Information form, in substantially the same form as set forth in Form 27 in the Appendix of Forms herein. (2) The creditor must attach a separate Notice to the Employer, in substantially the same form as set forth in Form 27A in the Appendix of Forms herein, as the first page of each copy of the documents set forth in paragraph (d)(1) of this rule. (e) Motion for return/release of garnished wages. If a judgment debtor files a motion for return and/or release of garnished wages pursuant to Chapter 652 or 653 of the Hawai'i Revised Statutes, notice of the motion must be provided to both the judgment creditor and the judgment debtor's employer. The judgment debtor may use Form 27B in the Appendix of Forms herein, Defendant's Motion for Return/Release of Wages Exempt From Garnishment. Haw. Dis. Ct. R. Civ. P. 70
Amended May 15, 1998, effective 6/15/1998; further amended August 27, 2004, effective 1/1/2005; amended May 13, 2008, effective 7/1/2008.COMMENTS:
Incorporates practice requirements of federal case law regarding AFDC notices and other exempt funds. Incorporates administrative memos/orders and the time period for motions to amend judgments of Rule 59(e).