§624-41 - Action for. - Hawaii Statutes

PART IV.  PERPETUATION OF TESTIMONY

 

Note

 

  Part heading renumbered by L 1972, c 143, §1(o).

 

 

     §624-41  Action for.  A person who, before action, is desirous of perpetuating his own testimony or the testimony of any other person, may proceed in accordance with the rules of court or may bring a civil action in the circuit court of any circuit in which it is fair and equitable to the parties that the matter be heard, setting forth (1) that the plaintiff expects to be a party to an action cognizable in a court of this State but is presently unable to bring it or cause it to be brought, (2) the subject matter of the expected action and his interest therein, (3) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it, (4) the names of the persons he expects will be adverse parties and their addresses, and (5) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; and praying for an order authorizing the plaintiff to take the depositions of the persons to be examined named in the action, for the purpose of perpetuating their testimony.

     Personal service shall be made on the expected adverse parties as in other civil actions.  In case service cannot be made in the State service may be made as provided by sections 634-24 and 634-25, but if an action is brought under this section service shall not be made by publication. [L 1876, c 32, §27; RL 1925, §2590; RL 1935, §3884; RL 1945, §9870; RL 1955, §223-23; HRS §624-41; am L 1972, c 143, §1(h)]

 

Rules of Court

 

  See HRCP rule 27.