Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 5 - FORFEITURES
Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE
Subchapter 5 - JUDICIAL FORFEITURES
Section 5-51-51 - Responsibility of the prosecuting attorney

Universal Citation: HI Admin Rules 5-51-51

Current through August, 2024

(a) The prosecuting attorney filing for judicial forfeiture shall be responsible for informing the attorney general of the judicial forfeiture proceedings, from the filing of the verified petition in circuit court to the final disposition or outcome of the matter.

(b) The prosecuting attorney shall provide the attorney general with a file-stamped copy of the verified petition. If real property is the subject of the judicial forfeiture:

(1) The prosecuting attorney shall inform the attorney general of its the intent to file for judicial forfeiture before filing a verified petition; and

(2) The prosecuting attorney shall submit a certified copy of the lis pendens for the real property to the attorney general upon the filing of the verified petition.

(c) The prosecuting attorney shall submit status updates of the case to the attorney general upon request until there is a final disposition in the matter.

(d) At the conclusion of the judicial forfeiture, the prosecuting attorney shall notify the attorney general in writing within forty-five days of the final judgment or order and shall provide the attorney general with a file-stamped copy of the judgment or order.

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