Kilauea, Hawaii Process Servers

Serving papers in Hawaii means working island by island. Hawaii's circuit courts are organized by island: the First Circuit covers Oahu, the Second covers Maui, Molokai and Lanai, the Third covers Hawaii Island, and the Fifth covers Kauai and Niihau. A server on the right island saves the cost and delay of flying someone in.

Who can serve

Any adult 18 or older who isn't a party can serve a summons and complaint or a subpoena. So can a sheriff or deputy, a person the court specially appoints, or a county chief of police or authorized subordinate within the county (HRCP Rule 4(c)). No license is needed for these papers.

Some papers are different. Orders to show cause, garnishment papers, writs of replevin, attachment, possession and execution, and orders for examination can be served only by sheriffs or by private servers on the authorized process server list kept by the Department of Law Enforcement. If your job involves one of these, ask the server whether they're on the list.

The 10 p.m. to 6 a.m. rule

Every Hawaii summons states that it can't be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a judge allows it in writing on the summons (HRCP Rule 4(b)). An attempt log with timestamps shows the server stayed inside that window.

How papers are served

1. In hand to the defendant.
2. At home, if the defendant can't be found, with someone of suitable age and discretion who lives there.
3. Through an agent authorized by appointment or by law to accept service.

Businesses are served through an officer, a managing or general agent, or a registered agent. Look up agents in the Hawaii Business Registration Division search. When a county is a party to a case, papers go to the corporation counsel or county attorney.

Time limits

A circuit court case can be dismissed if no service is made within 6 months of filing (Rules of the Circuit Courts, Rule 28). The defendant usually has 20 days after service to respond, and the server's affidavit must be filed by then (HRCP Rules 4(g) and 12(a)).

See the Hawaii process serving laws and courts in Hawaii, or order service online.

This is a general summary, not legal advice.