2009 Hawaii Code
Volume 13
TITLE 32 - COURTS AND COURT OFFICERS
CHAPTER 606 - CLERKS, REPORTERS, INTERPRETERS, ETC.  
§606-4 - Custody; disposition of exhibits.

     §606-4  Custody; disposition of exhibits.  The clerks of the supreme, intermediate appellate court, circuit, and district courts shall have the custody of all records, books, papers, moneys, exhibits, and other things pertaining to their respective courts.

     The attorney of the party who introduced the exhibits or things in evidence or left them in the custody of the court, or the party, if not represented by any attorney, shall remove them from the court within six months after the final termination of the action to which the exhibits or things are related.  The clerks shall have the authority and power, upon the written approval of a judge of the court given in particular actions or proceedings, to sell, destroy, or otherwise dispose of exhibits and things marked for identification, other than original files belonging to other actions, which have come into their possession or custody under this section, when such exhibits or things have not been already removed by their owners or by the attorneys representing the owners and when more than six months has elapsed since the final termination of the action to which the exhibits or things are related.

     All moneys received from sales under this section shall be forthwith deposited with the state director of finance as government realizations. [L 1892, c 57, §63; am L 1911, c 84, §3; RL 1925, §2294; am L 1929, c 171, §1; RL 1935, §3693; RL 1945, §9724; RL 1955, §218-4; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §606-4; am L 1970, c 188, §26; am L 1972, c 88, §4(d); am L 1979, c 111, §4(2); am L 1984, c 259, §1]

 

Case Notes

 

  Proceeds of partition sale in hands of clerk and subject to judicial action not subject to garnishment.  10 H. 499.