PART III. SERVICE

 

Note

 

Working group to define duties and responsibilities of process servers under the department of public safety's jurisdiction; create a process of registration, etc. (repealed June 30, 2020). L 2013, c 116, 20 to 23, 25; L 2015, c 101, 4.

 

Rules of Court

 

See Hawaii Electronic Filing and Service Rules.

 

634-21 Service of process, by whom. Except as otherwise provided, service of all process and orders shall be made by the sheriff or the sheriff's deputy, the chief of police of the county in which the service is made or the chief's duly authorized subordinate, some other person specially appointed by the court for the purpose, any investigator appointed and commissioned by the director of commerce and consumer affairs pursuant to section 26-9(j), or a person authorized by the rules of court. [CC 1859, 1102; am L 1898, c 5, 1; am L 1911, c 60, 1; RL 1925, 2341; am L 1929, c 13, 1; RL 1935, 4076; RL 1945, 10058; RL 1955, 230-28; am L 1963, c 85, 3; HRS 634-56; am L 1972, c 89, 2A(d); ren HRS 634-21; gen ch 1985; am L 1989, c 123, 2 and c 211, 10; am L 1990, c 281, 11; am L 1993, c 173, 2; am L 1994, c 9, 1]

 

Rules of Court

 

See HRCP rule 4; DCRCP rule 4; RCC rules 2(d), 5, 28, 31(a)(3); HFCR rules 4, 5; HPR rule 7.

 

Case Notes

 

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).

 

 

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