HAWAII RULES OF CIVIL PROCEDURE

 

Introduction

 

In the state of Hawaii, no process server license is required. Process serving may be complete by the following individuals: a sheriff or sheriff's deputy, by any person specially appointed by the court, or by individual who is not associated with the defendants party and is at least eighteen years of age. The chief of police or chief's duly authorized subordinate may also legally serve process.

All summons must contain a prohibition against personal delivery of the summons between 10:00 pm and 6:00 am on any premises not open to the public (a private domain), unless a judge of the district or circuit courts permits delivery within those hours.

 

Rules

Summons Issuance

 

Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff's attorney, who shall cause the summons and a copy of the complaint to be served in accordance with this rule. Upon request of the plaintiff separate or additional summonses shall issue against any defendants.

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.

a.                  Same: By Whom Served. Service of all process shall be made: 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 in any county by the chief of police or the chief's duly authorized subordinate.

 

 

In Hawaii, lobbyists and state officials are always active in transforming laws concerning civil procedure. As a result, state information offered on our website may have been amended recently. For contemporary process serving and civil statutes, visit the official Hawaii Judicial System Court website: http://www.courts.state.hi.us