STAND. COM. REP. NO. 619

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1491

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1491 entitled:

 

"A BILL FOR AN ACT RELATING TO DISTRICT COURTS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to clarify the circumstances under which a District Court may serve a summons or other writ outside of the State.

 

     Your Committee received testimony in support of this measure from the Collection Law Section of the Hawaii State Bar Association.

 

     Your Committee finds that this measure is an attempt to remedy potential areas of confusion arising out of two statutory sections pertaining to service of process.  Specifically, section 604-7, Hawaii Revised Statutes, describes the authority of the District Court to issue a summons or other writ outside of the State, while the provisions of chapter 634, Hawaii Revised Statutes, contains provisions regarding service that are applicable in all civil actions.  Confusion has arisen because the specific statutes regarding service referenced in section 604-7, Hawaii Revised Statutes, do not specifically include all of the service provisions that are available in chapter 634, Hawaii Revised Statutes.  This measure is intended to amend section 604‑7, Hawaii Revised Statutes, to clarify that the service provisions within chapter 634, Hawaii Revised Statutes, apply to the civil actions in the District Courts.

 

Your Committee notes that the commentary to Rule 4(e) of the Hawaii District Court Rules of Civil Procedure states that sections 634-34, 634-35, and 634-36, Hawaii Revised Statutes, regarding service of process, appear to apply to District Court.  Your Committee agrees with this commentary but believes that this measure will resolve any ambiguities regarding this matter.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1491, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1491, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair