| Hawaii Process Service Laws |
|
| Process Service Laws Hawaii, Civil Court Rules, Summons Issuance and Service, |
| Case Law Hawaii CCCC vs. Continental CCC, 290 F.Supp. 848 (HDC 1968) (Hawaii's long-arm statute and process service) xx xx xx xx xx xx xx xx xx xx |
Hawaii Rules of Civil Procedures
Rule 4. PROCESS.
(a) Summons: Issuance. Upon the filing of the complaint the clerk shall forthwith
issue a summons. Plaintiff shall deliver the complaint and summons for service to a
person authorized to serve process. Upon request of the plaintiff separate or
additional summons shall issue against any defendants.
(b) Same: Form. The summons shall
(1) be signed by the clerk, under the seal of the court,
(2) contain the name of the court, the names of the
parties, and the date when issued,
(3) be directed to the defendant,
(4) state the name and address of the plaintiff's attorney, if any, otherwise the
plaintiff's address,
(5) state the time within which these rules require the defendant to appear and
defend, and shall notify the defendant that in case of defendant's failure to do so
judgment by default will be rendered against the defendant for the relief demanded
in the complaint,
(6) contain a prohibition against personal delivery of the
summons between 10:00 p.m. and 6:00 a.m. on premises not open to the public,
unless a judge of the district or circuit courts permits, in writing on the summons,
personal delivery during those hours, and
(7) contain a warning to the person summoned that failure to obey the summons
may result in an entry of default and default judgment.
When, under Rule 4(e), service is made pursuant to a statute or rule of
court, the summons, or notice, or order in lieu of summons, shall correspond as
nearly as may be to that required by the statute or rule.
(c) Same: By whom served. Service of all process shall be made: (1) anywhere
in the State by the sheriff or the sheriff's deputy, by some other person specially
appointed by the court for that purpose, or by any person who is not a party and is
not less than 18 years of age; or (2) in any county by the chief of police or the
chief's duly authorized subordinate. A subpoena, however, may be served as
provided in Rule 45.
(d) Same: Personal service. The summons and complaint shall be served
together. The plaintiff shall furnish the person making service with such copies as
are necessary. Service shall be made as follows:
(1) Upon an individual other than an infant or an incompetent person, (A) by
delivering a copy of the summons and of the complaint to the individual personally
or in case the individual cannot be found by leaving copies thereof at the
individual's dwelling house or usual place of abode with some person of suitable
age and discretion then residing therein or
(B) by delivering a copy of the summons and of the complaint to an agent
authorized by appointment or by law to receive service of process.
(2) Upon an infant, by delivering a copy of the summons and of the complaint
personally (A) to the guardian of the infant's property or if there is no guardian of
the infant's property or service cannot be made upon such guardian then as
provided by order of the court and (B) if the infant be of the age of 16 years or
over, also to the infant; and upon an incompetent person, by delivering a copy of
the summons and of the complaint personally (A) to the guardian of the
incompetent's property, or if the incompetent is living in an institution then to the
director or chief executive officer of the institution,
or if service cannot be made upon either of them, then as provided by order of the
court, and (B) unless the court otherwise orders, also to the incompetent person.
(3) Upon a domestic or foreign corporation or upon a partnership or other
unincorporated association which is subject to suit under a common name, by
delivering a copy of the summons and of the complaint to an officer, a managing or
general agent, or to any other agent authorized by appointment or by law to receive
service of process and, if the agent is one authorized by statute to receive service
and the statute so requires, by also mailing a copy to the defendant.
(4) Upon the State by delivering a copy of the summons and of the complaint to
the attorney general of the State or to the assistant attorney general or to any
deputy attorney general who has been appointed by the attorney general.
(5) Upon an officer or agency of the State by serving the State and by delivering
a copy of the summons and of the complaint to such officer or agency. If the agency
is a corporation, the copies shall be delivered as provided in paragraph (3) of this
subdivision of this rule.
(6) Upon a county, as provided by statute or the county charter, or by delivering
a copy of the summons and of the complaint to the corporation counsel or county
attorney or any of his or her deputies.
(7) Upon an officer or agency of a county, by serving the county and by
delivering a copy of the summons and of the complaint to such officer or agency. If
the agency is a corporation the copies shall be delivered as provided in paragraph
(3) of this subdivision of this rule.
(8) Upon a defendant of any class referred to in paragraph (1) or (3) of this
subdivision of this rule, it is also sufficient if the summons and complaint are served
in the manner prescribed by any statute.
(e) Same: Other service. Whenever a statute or an order of court provides for
service upon a party not an inhabitant of or found within the State, of a summons,
or of a notice, or of an order in lieu of summons, service shall be made under the
circumstances and in the manner prescribed by the statute or order. Whenever a
statute or an order of court requires or permits service by publication of a
summons, or of a notice, or of an order in lieu of summons, any publication
pursuant thereto shall be made under the circumstances and in the manner
prescribed by the statute or order. The publication of summons pursuant to Hawai'i
Revised Statutes §§ 634-23, 634-26, and 634-36, shall not include the case caption
and shall be in a form that substantially complies with Form 1-A of the Appendix of
Forms.
(f) Territorial limits of effective service. All process may be served anywhere
within the State and, when a statute or order so provides, beyond the limits of the
State.
(g) Return. The person serving the process shall make proof of service thereof to
the court promptly and in any event within the time during which the person served
must respond to process. When service is made by any person specially appointed
by the court, that person shall make affidavit of such service.
(h) Amendment. At any time in its discretion and upon such terms as it deems
just, the court may allow any process or proof of service thereof to be amended
unless it clearly appears that material prejudice would result to the substantial rights
of the party against whom the process issued.
Rule 4. PROCESS.
(a) Summons: Issuance. Upon the filing of the complaint the clerk shall forthwith
issue a summons. Plaintiff shall deliver the complaint and summons for service to a
person authorized to serve process. Upon request of the plaintiff separate or
additional summons shall issue against any defendants.
(b) Same: Form. The summons shall
(1) be signed by the clerk, under the seal of the court,
(2) contain the name of the court, the names of the
parties, and the date when issued,
(3) be directed to the defendant,
(4) state the name and address of the plaintiff's attorney, if any, otherwise the
plaintiff's address,
(5) state the time within which these rules require the defendant to appear and
defend, and shall notify the defendant that in case of defendant's failure to do so
judgment by default will be rendered against the defendant for the relief demanded
in the complaint,
(6) contain a prohibition against personal delivery of the
summons between 10:00 p.m. and 6:00 a.m. on premises not open to the public,
unless a judge of the district or circuit courts permits, in writing on the summons,
personal delivery during those hours, and
(7) contain a warning to the person summoned that failure to obey the summons
may result in an entry of default and default judgment.
When, under Rule 4(e), service is made pursuant to a statute or rule of
court, the summons, or notice, or order in lieu of summons, shall correspond as
nearly as may be to that required by the statute or rule.
(c) Same: By whom served. Service of all process shall be made: (1) anywhere
in the State by the sheriff or the sheriff's deputy, by some other person specially
appointed by the court for that purpose, or by any person who is not a party and is
not less than 18 years of age; or (2) in any county by the chief of police or the
chief's duly authorized subordinate. A subpoena, however, may be served as
provided in Rule 45.
(d) Same: Personal service. The summons and complaint shall be served
together. The plaintiff shall furnish the person making service with such copies as
are necessary. Service shall be made as follows:
(1) Upon an individual other than an infant or an incompetent person, (A) by
delivering a copy of the summons and of the complaint to the individual personally
or in case the individual cannot be found by leaving copies thereof at the
individual's dwelling house or usual place of abode with some person of suitable
age and discretion then residing therein or
(B) by delivering a copy of the summons and of the complaint to an agent
authorized by appointment or by law to receive service of process.
(2) Upon an infant, by delivering a copy of the summons and of the complaint
personally (A) to the guardian of the infant's property or if there is no guardian of
the infant's property or service cannot be made upon such guardian then as
provided by order of the court and (B) if the infant be of the age of 16 years or
over, also to the infant; and upon an incompetent person, by delivering a copy of
the summons and of the complaint personally (A) to the guardian of the
incompetent's property, or if the incompetent is living in an institution then to the
director or chief executive officer of the institution,
or if service cannot be made upon either of them, then as provided by order of the
court, and (B) unless the court otherwise orders, also to the incompetent person.
(3) Upon a domestic or foreign corporation or upon a partnership or other
unincorporated association which is subject to suit under a common name, by
delivering a copy of the summons and of the complaint to an officer, a managing or
general agent, or to any other agent authorized by appointment or by law to receive
service of process and, if the agent is one authorized by statute to receive service
and the statute so requires, by also mailing a copy to the defendant.
(4) Upon the State by delivering a copy of the summons and of the complaint to
the attorney general of the State or to the assistant attorney general or to any
deputy attorney general who has been appointed by the attorney general.
(5) Upon an officer or agency of the State by serving the State and by delivering
a copy of the summons and of the complaint to such officer or agency. If the agency
is a corporation, the copies shall be delivered as provided in paragraph (3) of this
subdivision of this rule.
(6) Upon a county, as provided by statute or the county charter, or by delivering
a copy of the summons and of the complaint to the corporation counsel or county
attorney or any of his or her deputies.
(7) Upon an officer or agency of a county, by serving the county and by
delivering a copy of the summons and of the complaint to such officer or agency. If
the agency is a corporation the copies shall be delivered as provided in paragraph
(3) of this subdivision of this rule.
(8) Upon a defendant of any class referred to in paragraph (1) or (3) of this
subdivision of this rule, it is also sufficient if the summons and complaint are served
in the manner prescribed by any statute.
(e) Same: Other service. Whenever a statute or an order of court provides for
service upon a party not an inhabitant of or found within the State, of a summons,
or of a notice, or of an order in lieu of summons, service shall be made under the
circumstances and in the manner prescribed by the statute or order. Whenever a
statute or an order of court requires or permits service by publication of a
summons, or of a notice, or of an order in lieu of summons, any publication
pursuant thereto shall be made under the circumstances and in the manner
prescribed by the statute or order. The publication of summons pursuant to Hawai'i
Revised Statutes §§ 634-23, 634-26, and 634-36, shall not include the case caption
and shall be in a form that substantially complies with Form 1-A of the Appendix of
Forms.
(f) Territorial limits of effective service. All process may be served anywhere
within the State and, when a statute or order so provides, beyond the limits of the
State.
(g) Return. The person serving the process shall make proof of service thereof to
the court promptly and in any event within the time during which the person served
must respond to process. When service is made by any person specially appointed
by the court, that person shall make affidavit of such service.
(h) Amendment. At any time in its discretion and upon such terms as it deems
just, the court may allow any process or proof of service thereof to be amended
unless it clearly appears that material prejudice would result to the substantial rights
of the party against whom the process issued.
| Process Service: Family Court Pluckett v. Plukett Paul v. Paul |
Personal Service
> individual
> substitute at residence
> thru agent by law or appointment
> pursuant to order of court