§660-18 - Contents. - Hawaii Statutes

     §660-18  Contents.  The person making the return shall state therein, in writing, plainly and unequivocally:

     (1)  Whether he has or has not the person designated in his custody or power, or in any manner under his restraint or control;

     (2)  If he has the person in his custody or power, or under his restraint or control, the authority, and the time, and whole cause of such imprisonment or restraint, with a copy of any process or warrant under which the person is detained;

     (3)  If he has had the person in his custody or power, or under his restraint or control, and has transferred such custody, restraint, or control to another, or if he has any knowledge or suspicion that any other person exercises or claims to exercise such custody, power, restraint, or control, all that he knows or suspects.

     No return shall be adjudged sufficient when the respondent has once held the person in his custody or power, or under his restraint or control, unless it states fully all that the respondent knows or suspects, or alleges unequivocally that he neither knows nor suspects, nor has any cause to suspect anything as to the custody or restraint of the person alleged to be detained, up to the time of making the return. [L 1870, c 32, §13; RL 1925, §2741; RL 1935, §4326; RL 1945, §10367; RL 1955, §239-18; HRS §660-18; am L 1972, c 90, §5(1)]

 

Case Notes

 

  Sufficiency of return.  31 H. 212.