§654-1 Information required. (a) An action may be brought to secure the immediate possession of personal property in any court of competent jurisdiction by filing a verified complaint showing:

(1) That the plaintiff is entitled to the immediate possession of the property claimed;

(2) A particular description of the property claimed; if the property claimed is a portion of divisible property of uniform kind, quality, or value, that such is the case, and the amount thereof which the plaintiff claims;

(3) The actual value of the property claimed;

(4) That the property has not been taken for a tax, assessment, or fine pursuant to a statute, or seized under an execution or an attachment against the plaintiff or the plaintiff's property, or if so seized that it is by statute exempt from such seizure;

(5) That the property is in the possession of a named defendant, and the facts and circumstances relating to the possession thereof by the defendant, according to the plaintiff's best knowledge and belief; and

(6) The names of all persons other than the defendant in possession of the property, having or claiming or who might have or claim to have an interest in the property according to the best belief of plaintiff, all of whom shall be joined as defendants in the action.

(b) If the action already has been commenced, an affidavit may be filed at any time before the case is at issue, containing the information required by subsection (a). [L Sp 1949, c 7, pt of §1; RL 1955, §244-20; HRS §654-21; am L 1972, c 90, §1(a); ren HRS §654-1; gen ch 1985]

Revision Note

In subsection (a)(5), "and" added after ending punctuation pursuant to §23G-15.

Rules of Court

Verification, whether required, see HRCP rule 11.

Case Notes

Validity of prejudgment replevin provisions authorizing taking of property without affording prior opportunity to be heard. 407 U.S. 67 (1972).