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Hawaii Process Server Requirements
Service of all process shall be made:
Hawaii Service of Process Laws to Note
Summons must 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 delivery during those hours.
Hawaii Rules of Civil Procedure
Please note that lobbyists are active in Hawaii and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Hawaii Judiciary and Courts web site.
Rule 4. Process.
(a) 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.
(b) Same: Form.– The summons shall:
(c) Same: By Whom Served. Service of all process shall be made by the anywhere in the State by the sheriff..., by the chief of police..., by some other person specifically appointed by court for that purpose, or by any other person who is not a party and is not less than 18 years of age. A subpoena, however, may be served as provided in Rule 45.
(d) Personal Service. ... Service shall be made as follows:
(e) Same: Other service. Whenever a statute or an order of court provides for service upon a party not an inhabitant of or fonud within the State ... service shall be made under the circumstances and in the manner prescribed by the statute or order.
(f) Territorial limits of effective service. All process may be served anywhere within the State and, when a statute or order so provides, beyond the limits of the State.
(g) Return. The person serving the process shl make proof of service theref to the court promptly and in any event within the time during which the person served must respond to the process. WHen service is made by any person specially appointed by the court, or by an authorized process server, that person shall make affidavit of such service.
(h) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service to be amended unless it clearly appears that material prejudice would result to the substantial rights of the paty against whom the process issued.
RULE 77(f) [Applicable only to District Court-where amount in controversy does not exceed $25,000]
(f) Costs awarded by court. In addition to any costs allowed by statute or rule, the court may award to a prevailing plaintiff... the actual cost of service of process, whether service is made by a public or private process server, provided the amount shall not exceed the statutory amount(s) allowed for service of process by sheriffs or police officers.
Sec. 634-25 Personal service on resident outside of the state. Whenever a defendant, being a resident of the State, cannot be served within the State personal service may be made upon the defendant outside of the State by any person authorized to serve process in th eplace in which the defendant may be found or specially appointed by the court to make the service which servic shall be evidenced by the return of the serving officer or by affidavit and shal be of the same legal force and validity as if made within the State.
You should contact a Hawaii Process Server if you have specific questions about Process Serving in Hawaii.