Report Title:

Civil Process Servers; Registration

Description:

Requires that civil process be made by a civil court officer, a private process server, a person specially appointed by a court, or any person not a party to the action who is not less than 18 years of age. Establishes the civil process commission. Requires registration with the commission.

HOUSE OF REPRESENTATIVES

H.B. NO.

979

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to civil process.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 634, Hawaii Revised Statutes, is amended by adding five new sections to part III to be appropriately designated and to read as follows:

"§634-A Civil process commission; established. (a) The civil process commission is established within the department of public safety for administrative purposes.

(b) The commission shall administer the service of civil process in this State, including:

(1) Issuing certificates of registration for private process servers and civil court officers;

(2) Collecting appropriate fees, which shall be deposited into the state general fund;

(3) Administering written examinations as appropriate;

(4) Verifying and retaining on file all bonds from process servers;

(5) Investigating all notarized complaints;

(6) Meeting monthly and reviewing operations and complaints;

(7) Adopting rules pursuant to chapter 91 to provide for the suspension, revocation, and reinstatement of a certificate of registration for private process servers and civil court officers; provided that no certificate of registration shall be suspended or revoked without reasonable notice and a hearing;

(8) Collecting a $1 surcharge for all civil documents filed in circuit or district court, which shall be deposited into the state general fund;

(9) Issuing annual reports to the department of public safety, the judiciary, the legislature, and the governor, of the activities of the commission; and

(10) Taking such other actions as may be necessary for the efficient implementation of this chapter.

(c) The commission shall consist of the following three members to be appointed by the governor as provided in section 26-34:

(1) One member who is a member of the Hawaii State Bar Association;

(2) One member who is an employee of the judiciary; and

(3) One member who is a member of the Hawaii Deputy Sheriff's Association.

(d) The members of the commission shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(e) In carrying out its duties under this section, the commission may request staff assistance from the department of public safety and other appropriate state agencies. The commission may also employ, without regard to chapter 76, and at pleasure dismiss such persons as it finds necessary for the performance of its functions and fix their compensation, including an administrator, a clerk, and an investigator.

§634-B Civil process servers. (a) Service of civil process shall be made:

(1) Anywhere in the State by a civil court officer;

(2) Anywhere in the State by a private process server;

(3) By some other person specially appointed by the court for that purpose; or

(4) By any person who is not a party to the action and is not less than eighteen years of age.

(b) A subpoena may be served:

(1) Anywhere in the State by a sheriff or deputy sheriff;

(2) Anywhere in the State by a civil court officer;

(3) Anywhere in the State by a private process server;

(4) In any county by the chief of police or the chief's duly authorized subordinate; or

(5) By any other person who is not a party to the action and is not less than eighteen years of age.

(c) All writs of execution, writs of replevin, writs of possession, writs of attachment, and other civil court orders may be served:

(1) Anywhere in the State by a civil court officer; or

(2) Anywhere in the State by a licensed private investigator.

§634-C Private process server. (a) Any natural person who makes more than ten services of process within this State during one calendar year, for specific compensation or in expectation of specific compensation, where that compensation is directly attributable to the service of process, shall file and maintain a verified certificate of registration as a process server with the civil process commission. Any entity that derives or expects to derive compensation from service of process within this State shall also file and maintain a verified certificate of registration as a process server with the civil process commission.

(b) This section shall not apply to any of the following:

(1) Any sheriff, police officer, or government employee who is acting within the course and scope of that person's employment;

(2) An attorney or the attorney's employees;

(3) Any person who is specially appointed by a court to serve process; or

(4) A licensed private investigator, private detective, or the employees of a licensed private investigator or private detective.

(c) Any natural person that meets the following requirements may register with the civil process commission as a private process server:

(1) Be a United States citizen;

(2) Have a high school diploma or equivalent;

(3) Be at least twenty-one years of age;

(4) Possess a valid driver's license;

(5) Be bondable;

(6) Have no felony convictions; and

(7) Have knowledge and application of the Hawaii rules of civil procedure, and pass a twenty-five question examination demonstrating knowledge of the Hawaii rules of civil procedure.

(d) Qualified candidates shall:

(1) Register with the civil process commission;

(2) Pay an annual registration fee of $100;

(3) Be bonded for not less than $25,000; and

(4) Be issued a certificate of registration and a private process server photo identification card.

§634-D Civil court officer. (a) Any person who was a certified civil deputy with the department of public safety, civil branch, and listed with the judiciary as a civil deputy on November 1, 2002, shall be designated a civil court officer and shall register with the civil process commission and be assessed an annual registration fee of $100.

(b) Any natural person who qualifies as a private process server and meets the following requirements may register with the civil process commission as a civil court officer:

(1) Has knowledge of state laws relating to service of process; execution, possession, exempt property, replevin, attachment, and related civil matters;

(2) Serves as an apprentice with a civil court officer for a period to be determined by the trainer civil court officer, who shall be liable for the apprentice's actions during apprenticeship and after certification as a civil court officer; and

(3) Take and pass a written examination administered by the commission, as soon as the trainer civil court officer verifies that candidate is ready.

(c) Qualified candidates that meet the requirements specified in this section shall be issued a certificate of registration and a civil court officer badge and identification card.

§634-E Standards of conduct. (a) The following standards of conduct shall apply to all private process servers to establish minimum standards for performance by private process servers and ensure that the service of process is conducted in a professional manner.

(b) The private process server shall perform all services and discharge all obligations in accordance with current Hawaii laws, federal laws, Hawaii rules of civil procedure, and administrative rules and orders of the civil process commission governing the certification and registration of private process servers. The private process server shall:

(1) Comply with all necessary Hawaii certification requirements, bonds, business licenses, permits, and other requirements mandated by the State and any county in which the private process server conducts business; and

(2) Promptly file an affidavit of service or return the unserved documents.

(c) The private process server shall demonstrate adequate skills and knowledge to perform the work of a private process server and shall seek training opportunities to maintain professional growth. The private process server shall:

(1) Have knowledge and keep informed of all current and applicable laws regarding the service of process;

(2) Maintain a working knowledge of proper manners of service;

(3) Possess the necessary verbal and written communication skills sufficient to perform the private process server role, including an aptitude for communicating in person, by telephone, and by completion of appropriate affidavits;

(4) Keep the client reasonably informed about the status of the service and promptly comply with reasonable requests; and

(5) All affidavits prepared by the private process server shall be complete, accurate, and understandable.

(d) The private process server shall exercise the highest degree of professionalism in all interactions with clients, the party located, and others with whom the process server comes into contact during the service, including the ability to be discreet in dealing with confidential information. The private process server shall:

(1) Maintain required records in a professional manner;

(2) Not provide, or offer to provide, legal advice;

(3) Not violate any rules adopted by the Hawaii supreme court or engage in conduct in a manner that would reflect adversely on the judiciary or other agencies in the administration of justice;

(4) Preserve client confidentiality. This duty shall outlast the employment of the server;

(5) Maintain a neat and clean appearance at all times and be responsible for the appearance of the server's employees and agents;

(6) Be courteous and refrain from using profanity or vulgarity in contact with others;

(7) Handle all legal documents with care. Coffee stains, dirty fingerprints, and torn documents denote carelessness and wanton disregard for their importance; and

(8) Never attempt to decide the merits of a lawsuit. It is only necessary for the private process server to explain the general nature of the papers being served.

(e) The private process server shall perform services in a manner consistent with legal and ethical standards. The private process server shall:

(1) Perform the process of serving in a professional manner and avoid rudeness and unprofessional conduct;

(2) Present services in a nonjudgmental manner;

(3) Avoid misrepresenting the private process server's qualifications, fees (overcharging), or any other information relating to the process server;

(4) Avoid utilizing the server's position in any manner to gain access to information or services for purposes other than those of the service of process; and

(5) Maintain the best interest of the client at all times and inform the client in a timely manner after service is completed."

SECTION 2. Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

"(j) In the course of an investigation of matters affecting the interest of consumers, depositors, or investors, or of any other matter within the jurisdiction of the department, the director shall have the power to subpoena witnesses, examine witnesses under oath, and require the production of books, papers, documents, or objects that the director deems relevant or material to the inquiry. Upon application by the director, obedience to the subpoena may be enforced by the circuit court in the county in which the person subpoenaed resides or is found, in the same manner as a subpoena issued by the clerk of a circuit court.

The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section may serve subpoenas and serve process and orders pursuant to section [634-21.] 634-B. Nothing in this subsection shall be construed to entitle persons appointed and commissioned by the director to retirement benefits applicable to police officers under chapter 88."

SECTION 3. Section 26-14.6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) Effective July 1, 1990, the functions, authority, and obligations, together with the limitations imposed thereon and the privileges and immunities conferred thereby, exercised by a "sheriff", "sheriffs", a "sheriff's deputy", "sheriff's deputies", a "deputy sheriff", "deputy sheriffs", or a "deputy", under sections 21-8, 47-18, 88-51, 105-4, [134-11,] 134-51, 183D-11, 187A-14, 201G-55, 201G-74, 231-25, 281-108, 281-111, 286-52, 286-52.5, 321-1, 322-6, 325-9, [325-80,] 353-11, 383-71, 438-5, 445-37, 482E-4, 485-6, 501-42, 501-171, 501-218, 521-78, 578-4, 584-6, 587-33, 603-29, 604-6.2, 606-14, 607-2, 607-4, 607-8, 633-8, 634-11, 634-12, [634-21,] 634-22, 651-33, 651-37, 651-51, 654-2, 655-2, 657-13, 660-16, 666-11, 666-21, 803-23, 803-34, 803-35, 804-14, 804-18, 804-41, 805-1, 806-71, and 832-23 shall be exercised to the same extent by the department of public safety."

SECTION 4. Section 634-21, Hawaii Revised Statutes, is repealed.

["§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."]

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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