Hawaii Process Service Laws, No Sunday Process Service, Out Of State Process Service Laws, Federal Process Service Laws, Date Time Process Service, Legal Process Laws,
Sidewalk to Front Door
"It is recognized that there is an implied
invitation for business licensees and
others to enter upon that portion of the
premises approaching and adjacent to
the entrance of a residence, and that
under ordinary circumstances one
using that portion of the premises to
approach and serve legal process
could in no sense be deemed a
trespasser. It is questionable, however,
whether the license so implied should
extend to one bent on vexing, harassing
and irritating the occupants and
creating a disturbance of the peace so
as to inflict mental duress and suffering
upon them. By the same token, it may
be contended that any privilege
conferred by the process, with which
the actor was armed, would be forfeited
because of the motivation and intent of
the actor."  
Golden v. Dungan, 20 Cal. App. 3d 295,
310 (Cal. 1971).
Counter
 
 
Process Service outside Hawaii State.
Berry v. Berry (Haw Sup Ct 2012)
HRCC Rule 28
Dismissal for want of service.
 
see 2 HA 373, aff'd 65 H. 592 (1982)
"Rules as to service of process, like
rules as to pleadings, should be
construed with an eye to fairness
rather than literal construction."
(Footnote omitted.)
7 A. Larson,
Larson's Workers' Compensation Law
,
§ 124.05 (2009).
Meyer v. Sure Save
Super Market, No. 30476 at 3 (Haw
ICA Oct 9, 2012).
Defendant refusing process service by
registered or 1st class US Mail.
HAIWAII CREDIT CARD CORP. v.
Continental Credit Card Corp., 290 F.
Supp. 848, xxx (DC Hawaii 1968)
(Chief Judge Pence)
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2015 Hawaii Legislation
HB87
Process Server Trespassing Laws
A Bill For An Act
H.R.S.
Hawaii's Process Service Laws
§ 353C-10
Service of process; list.
 
 
§ 604-6.2
Order to show cause
   
§607-5.7
Surcharge for indigent legal services
 
 
§ 607-8
Fees of sheriff, deputy sheriff, police officer, serving or levying
officer, or independent civil process server
 
 
§ 634-2
Joint contractual obligations
§ 634-3
Actions against persons by firm name
§ 634-11
Interpleader; application for order by sheriff, deputy sheriff,
police officer, or independent civil process server
§ 634-12
Sale of property seized on execution, when
 
 
§ 634-21
Service of process, by whom
§ 634-21.5
Service of process within a condominium,
cooperative housing, or planned community
§ 634-22
Return [of service]
§ 634-23
Joinder of unknown persons;
service when defendant unknown or absent  [publication]
634-24
Service outside the state or by registered mail
634-25
Personal service on resident outside the state
634-26
Form of published notice
634-27
Substituted service of summons in attachment cases
634-28
Form of judgment
634-29
In case of attachment, etc., of real property
634-30
Organizations and associations, service of process on; judgment
634-31
Same; nonresidents; service
634-32
Other laws not affected
634-33
Service in cases of operation of motor vehicles
634-34
Service on boat operators
634-35
Acts submitting to jurisdiction
634-36
Manner of service under sections 634-33 to 35
634-37
Presumption of notice and service of process in child support
cases
 
 
Chptr 634F
Citizen Participation In Government (Anti-SLAP Law)
 
 
H.R.S. §§
Garnishee
 
 
§652-2
Garnishee, rights, duties; collection by sheriff, deputy sheriff,
police officer, or independent civil process server.
§652-2.5
Service on garnishee.
§652-2.6
Effect of service
§
 
H.R.S. §§
Condominium / Horizontal Property
 
 
§514A-93.3
Service of process. The board of directors shall establish a policy
to provide reasonable access to persons authorized to serve
civil process in compliance with section 634-21.5
§514B-106.5
Service of process
§
 
H.R.S. §§
Probate / Guardianship
 
 
§ 560:1-401
Probate
§ 560:1-309(b)
Guardianship
   
   
  TITLE 36.  CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS

Chapters
651 Attachment and Execution
651C Uniform Fraudulent Transfer Act
652 Garnishment
653 Garnishment of Government Beneficiaries
654 Special Proceedings for Immediate Possession of

Personal Property
655 Deposit and Delivery
656 Frauds, Statute of
657 Limitation of Actions
657D Civil Relief for State Military Forces
658 Arbitration and Awards--Repealed
658A Uniform Arbitration Act
658B Uniform Foreign-Money Claims Act
658C Uniform Foreign Money-Judgments Recognition
Act--Repealed
658D International Arbitration
658F Uniform Foreign-Country Money Judgments Recognition Act
658G Hawaii Uniform Collaborative Law Act
658H Uniform Mediation Act
658J Uniform Family Law Arbitration Act
659 Quo Warranto
660 Habeas Corpus
661 Actions By and Against the State
661B Redress for Wrongful Conviction and Imprisonment
662 State Tort Liability Act
662D Volunteer Service; Immunity
662E Claims Against Government Arising Out of Year 2000
Errors--Repealed
663 Tort Actions
663A Civil Liability for Shoplifting
663B Equine Activities
663D Drug Dealer Liability--Repealed
663E Drug Dealer Liability
663J Liability for Coercion into Prostitution
663M Year 2000 Errors in Computer-Based Systems--Repealed
664 Boundaries, Fences, Ways, Water Rights
665 Escheat
666 Landlord and Tenant
667 Foreclosures
668 Partition of Real Estate
668A Uniform Partition of Heirs Property Act
669 Quieting Title
671 Medical Torts
671D Health Care Peer Review
672 Design Professional Conciliation Panel--Repealed
672B Design Claim Conciliation Panel
672E Contractor Repair Act
673 Native Hawaiian Trusts Judicial Relief Act
674 Individual Claims Resolution Under the Hawaiian
Home Lands Trust
675 Tobacco Liability Act
676 Structured Settlement Protection Act

Note
As to procedural statutes superseded by the rules of court, see note preceding Title
32.

CHAPTER 651 ATTACHMENT AND EXECUTION
Part I.  Attachment
Section:
651-1 General provisions
651-2 Writ; issued when
651-3 Affidavit
651-4 Bond; amount and conditions
651-5 Additional security
651-6 Action on bond
651-7 Writ; how issued
651-8 Amount levied on
651-9 Writ; how executed
651-10 Indemnity for police officer
651-11 Execution in order of receipt
651-12 Examination of defendant; where no property known
651-13 Attached property; sale of
651-14 Appointment of receiver
651-15 Officer's return; how made

651-16 Discharge of writ
651-17 Discharge by bond of defendant
651-18 Discharge of writ when improperly issued
651-19 Recording discharge
651-20 Judgment satisfied out of attached property
651-21 Deficiency

Part II.  Execution
651-31 Time of issuance
651-32 Execution, district court; form
651-32.1 Repealed
651-33 Bond for expenses on execution
651-34 Time within which execution shall be returnable
651-35 When property in circuit insufficient
651-36 Execution, courts of record; form
651-37 Address, signature
651-38 Alias writs
651-39 Available in all circuits
651-40 Stay by judge; effect
651-41 Priority in levying
651-42 How levy made, inventory
651-43 Advertisement for sale
651-44 Sale; proceeds; return
651-45 Postponement of sale
651-46 Deeds, etc.
651-47 Levy on and execution sale of investment securities; garnishment the proper
     procedure when the security is subject to right of possession of third party
651-48 Same, penalty
651-49 Only defendant's interest sold
651-50 Liability for exceeding powers
651-51 Indemnity bond
651-52 Indemnity, how collected

Part III.  Exemptions
A.  Generally
651-61 Exemption, how claimed
651-62 Indemnity bond if exemption claimed
651-63 Liability for selling exempt property
651-64 Seizure of exempt property
651-65 to 67 Repealed
651-68 Proceedings on execution; appraisers; expiration of lien, result
651-69 Application form contents
651-70 Service of petition and notice of hearing; effects of failure to serve;  
     appointment of appraisers

B.  Real Property
651-91 Definitions
651-92 Real property exempt
651-93 Effect of separation, divorce, reconciliation
651-94 Proceedings where real property can be divided without material injury
651-95 Sale where real property cannot be divided; application of proceeds

651-96 After sale, money equal to real property exemption protected

C.  Personal Property
651-121 Certain personal property and insurance thereon, exempt
651-122 Personal property not exempt
651-123 Application of proceeds of sale
651-124 Pension money exempt

Note
As to procedural statutes superseded by the rules of court, see note preceding
Title 32.

Case Notes
Validity of prejudgment replevin provisions authorizing taking of property without
affording prior opportunity to be heard.  407 U.S. 67 (1972).
§
 
H.R.S. §§
Landlord And Tenant
  Sections
666-1 Summary possession on termination or forfeiture of lease
666-2 Tenancy from month to month, etc.; termination, extension
666-3 Forfeiture, warning, notice to vacate, refunds
666-4 Oral leases not exceeding one year, valid
666-5 Acceptance of rent during litigation, effect of
666-6 Summary possession proceedings; venue
666-7 Jurisdiction; joinder
666-8 Service
666-9 Return day
666-10 Repealed
666-11 Judgment; writ of possession
666-12 How writ executed
666-13 Effect of writ
666-14 Writ stayed how, in proceedings for nonpayment of rent
666-15 to 19 Repealed
666-20 Rent control ordinances
666-21 Rent trust fund
Chapter 666
Landlord and Tenant
§666-8
Writs Summary Possession
§669-9
Return Day
§669-11
Judgment; Writ of possession
§666-12
How writ executed
§
 
H.R.S. §§
FORECLOSURES
§667-1
Definitions.  As used in this chapter: . . .
"Serve", when referring to providing notice of intention to foreclose or notice of
default and intention to foreclose pursuant to a nonjudicial foreclosure, means to
have service of the notice of default and intention to foreclose made in accordance
with the service of process or the service of summons under the Hawaii rules of civil
procedure and under sections 634-35 and 634-36, excluding however, any return or
affidavit of service obligations required therein.
H.R.S. §§
Criminal Trespass
§
 
§708-813
Criminal trespass in the first degree
- - see subsection (1) & definition at subsection (3) - -
§708-814
Criminal trespass in the second degree
- - see subsection (2) & definition at subsection (3) - -
§
 
NOTE
see legislative "summary description" regarding recent change
in trespass laws designed to "shield process servers from
prosecution ...."
   
   
INTER-STATE PROCESS SERVICE
[Fed.R.Civ.P.] Rule 4(d)(7) provides
that service upon an individual may be
made "in the manner prescribed by
any statute of the United States or in
the manner prescribed by the law of
the state in which the district court is
held."
Thompson v. King, 523 F. Supp. 180,
182 (DC MD Florida 1981)
xx
Miller v. Johnson, xxx
 
SUNDAY PROCESS SERVICE
 
FLORIDA:
The issue is whether a criminal
summons may be legally served on a
Sunday.
Section 48.20 . . .
Miller v. Johnson, 466 So. 2d 340
(Fla D.C. of Appeals, 5th Dist. 1985)
 
 
Process Service Laws, Court Rules & Legislation                        
No.
Circuit Court Rules of Civil Procedures
4
Process
 
 
 
Rules of the Circuit Courts
5
Service of papers and proof thereof
28
Dismissal for want of service
 
Dist. Court Rules of Civil Procedures
4
Process
 
 
 
Rules of the District Courts
5
Service of papers and proof thereof
 
 
28
Dismissal for want of service
 
 
 
Rules of Small Claims Court
3(c)
Service
3(d)
Time of service
5
Place of service
10(b)
Want of prosecution
 
Rules of
   
 
 
County Ordinance re Process Service
             HAWAII COUNTY
             HONOLULU COUNTY
Section 5-205. Service of Legal Process ---
Legal process against the city shall be served upon the
corporation counsel or any of the corporation counsel's
deputies, and in default of finding the corporation counsel or
any deputy, upon the mayor, and in default of finding the
mayor, then upon any council member.  When such service
is made upon any officer other than the corporation counsel,
such officer shall promptly notify the corporation counsel.   
(Reso. 83-357, 90-295 and 95-205)
              KAUAI COUNTY
              MAUI COUNTY
Section 8-2.4. Service of Legal Process ---
Legal  process  against  the county shall be served upon the
corporation counsel or any of the deputies.
AGENT Service:
Thus, if the agent is not specifically
authorized by appointment or by law to
receive service, there must be
evidence of a close relationship
between the defendant and the person
served on his or her behalf such that it
would be "highly probable" that the
defendant would receive actual notice
of the service. (
Summers v.
McClanahan, supra, 140 Cal.App.4th at
pp. 414-415.) Moreover, if such
relationship does not exist, the fact that
the defendant did in fact receive notice
does not overcome the defects in
service. (Id. at p. 415.) When a
defendant challenges the court's
personal jurisdiction on the ground of
improper service, the burden is on the
plaintiff to prove the facts requisite to
an effective service. (Id. at p. 423.)
- in
Martinez v. Becker, Cal: Court of
Appeals, 5th Appellate Dist. 2008.
ELECTRONIC PROCESS SERVICE
... the Constitution does not require any
particular means of service of process,
only that the method selected be
reasonably calculated to provide notice
and an opportunity to respond.
See
Mullane v. Cent. Hanover Bank & Trust
Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94
L.Ed. 865 (1950) (Jackson, J.). In proper
circumstances, this broad constitutional
principle unshackles the federal courts
from anachronistic methods of service
and permits them entry into the
technological renaissance. As noted by
the court in New England Merchants, in
granting permission to effect service of
process via telex on Iranian defendants:
Courts ... cannot be blind to changes and
advances in technology. No longer do we
live in a world where communications
are conducted solely by mail carried by
fast sailing clipper ... ships. Electronic
communication via satellite can and
does provide instantaneous
transmission of notice and information.
No longer must process be mailed to a
defendant's door when he can receive
complete notice at an electronic terminal
inside his very office, even when the door
is steel and bolted shut.
See SEC v.
Tome, 833 F.2d 1086, 1094 (2d Cir.1987)
(condoning service of process by
publication in the Int'l Herald Tribune);
Smith v. Islamic Emirate, Nos. 01 Civ.
10132, 01 Civ. 10144, 2001 WL 1658211,
at *2-*3, 2001 U.S. Dist. LEXIS 21712, at
*5-*13 (S.D.N.Y. Dec. 26, 2001)
(authorizing service of process on
terrorism impresario Osama bin Laden
and al-Qaeda by publication);
Levin v.
Ruby Trading Corp., 248 F.Supp. 537,
541-44 (S.D.N.Y.1965) (employing
service by ordinary mail);
Int'l Controls
Corp. v. Vesco, 593 F.2d 166, 176-78 (2d
Cir.1979) (approving service by mail to
last known address);
Forum Fin. Group,
199 F.R.D. at 23-24 (authorizing service
to defendant's attorney);
New Eng.
Merchs. Nat'l Bank v. Iran Power
Generation & Transmission Co., 495
F.Supp. 73, 80 (S.D.N.Y. 1980) (allowing
service by telex for Iranian defendants);
Broadfoot v. Diaz (In re Int'l Telemedia
Assoc.), 245 B.R. 713, 719-20
(Bankr.N.D.Ga.2000) (authorizing service
via email).


Cases prior to adoption of the Hawaii Rules of Civil Procedure.

Service on agent doing business in Hawaii good.  2 H. 453 (1861).

Service on manager at corporation office, president being out of
country, good.  6 H. 259 (1879).

Formal requisites of documents for service; no need to attach to
declaration copy of custom house orders.  7 H. 314 (1888).

Sheriffs not plaintiff serve process.  14 H. 448 (1902).

A copy of summons lacking court seal or clerk's signature is fatally
defective and cannot be cured by amendment.  14 H. 627 (1903).

Service on agent.  15 H. 401 (1904); 15 H. 628 (1904).

Service of process in district court.  15 H. 486 (1904).

Not necessary to attach copy of note where suit is on oral promise
to pay note.  17 H. 32 (1905).

Not applicable to writ of error.  18 H. 392 (1907).

A general appearance by attorneys cures defect in service.  18 H.
602 (1908).

Return of service not invalidated by failure to show it was made as
required by statute, presumption.  19 H. 494 (1909).

Who may certify copy of summons.  20 H. 352 (1911); 20 H. 548
(1911); 22 H. 723, 725 (1915).

Garnishment of defendant's debtor is sufficient notice to defendant
who is not and never has been an inhabitant of Hawaii. 22 H. 321
(1914).

Substituted service, district court.  34 H. 328 (1937).

Cited:  2 U.S.D.C. Haw. 301, 302 (1905).
 
Smith v. Sentry Insurance, 674 F.Supp. 1459, 1461-63 (N.D. Ga.
1987) (holding "good cause" present when failure to serve was
due to negligence of process server).
Golden v. Dungan, 20 Cal.App.3d 295, 305, 97 Cal.Rptr. 577
(1971) (process server knowingly and maliciously banging on
door at midnight);