634-36 Manner of service under sections 634-33 to 35. [(a)] When service of summons is provided for by section 634-33, 634-34, or 634-35, service shall be made by service upon the defendant personally by any person authorized to serve process in the place in which the defendant may be found or appointed by the court for the purpose, or sent by certified, registered, or express mail, postage prepaid, with return receipt requested, by the plaintiff or the plaintiff's attorney to the defendant. The plaintiff or the plaintiff's attorney shall file the return of the serving officer or an affidavit showing that the copy of summons and complaint were served as aforesaid or sent by certified, registered, or express mail as aforesaid, and in the latter case the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon delivery of the required papers to the defendant outside the State, personally or by mail as provided.

[(b)] If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one newspaper published in the State and having a general circulation in the circuit in which the action has been instituted, in such manner and for such time as the court may order, but not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated therein unless a different time is prescribed by order of the court. [L 1972, c 89, 2A(o); HRS 634-72; ren HRS 634-36; am L 1982, c 204, 8; am L 1983, c 124, 17; am L 1984, c 209, 4; am L 1985, c 68, 29; am L 1987, c 283, 62; am L 1990, c 29, 1]

 

Rules of Court

 

Publication of summons, see HRCP rule 4.

 

Case Notes

 

Section 657-18 did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in 634-33 and this section. 89 H. 1, 967 P.2d 1059 (1998).

Defendant, who was a citizen and resident of Japan, was amenable to service by publication pursuant to this section where defendant's address was unknown, and such service would not have been pre-empted by the Hague Convention. 99 H. 488, 57 P.3d 413 (2002).

 

 

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