Hawaii Rules of Civil Procedure

Overview: 

Hawaii Rules of Civil Procedure consist of the rules by which state courts conduct civil trials. Civil trials concern the judicial resolution of claims by one individual or class against another. An understanding of the civil procedure laws ensures that process service is properly effectuated. Therefore, it is crucial for lawyers, paralegals, process servers, and pro se litigants to be properly informed of the rules and regulations that pertain to service of process. ​

CONTENTS:

Hawaii Service of Process Laws

• Summons or Other Process

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• 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.
• Limits of Effective Service.
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  All process may be served anywhere in this state and, when authorized by law or by these rules, may be served outside this state.
• Upon Whom Process Served.
  Service of process, except service by publication as provided in Rule 4.3, shall be made as follows:
  
  Individual.
  Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process;
  
  Minor.
  Upon a minor by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor or with whom the minor lives, or the spouse, if the minor is married, and, if the minor is over the age of twelve years, by also serving the minor personally;
  
  Incompetent Not Confined.
  Upon an incompetent person by serving the incompetent and that person’s guardian but, if no guardian has been appointed, by serving the incompetent and a person with whom the incompetent lives or a person who cares for the incompetent;
  
  Incompetent Confined.
  Upon an incompetent person not having a guardian and confined in any institution for the mentally ill or mentally deficient, by serving the superintendent of the institution or similar official or person having the responsibility for custody of the incompetent person;
  
  Incarcerated Person.
  Upon an individual incarcerated in any penal institution or detention facility within this state, by serving the individual, except that when the individual to be served is a minor, by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor, or the spouse, if the minor is married, and, if the minor is over the age of twelve (12) years by serving the minor personally;
  
  Corporation.
  Upon a corporation, either domestic or foreign, by serving the agent authorized by appointment or by law to receive service of process or by serving the corporation by certified mail at any of its usual places of business or by serving an officer or an agent of the corporation;
  
  Partnership.
  Upon a partnership, a limited partnership, or a limited partnership association, by serving the entity by certified mail at any of its usual places of business or by serving a partner, limited partner, or manager or member;
  
  Unincorporated Organization or Association.
  Upon an unincorporated organization or association by serving it in its entity name by certified mail at any of its usual places of business or by serving an officer or agent of any such organization or association or an officer or agent of any branch or local office of the organization or association;
  
  Professional Association, Professional Corporation, or Limited Liability Company.
  Upon a professional association, a professional corporation, or a limited liability company, by serving the association, corporation, or company in the entity’s name by certified mail at the place where the entity’s offices are maintained or by serving a shareholder, or by serving the agent authorized by appointment or by law to receive service of process;
  
  State.
  Upon this state or any one of its departments, offices, and institutions, by serving the officer responsible for the administration of the department, office, or institution, and by serving the attorney general of this state;
  
  County.
  Upon a county or upon any of its offices, agencies, districts, departments, institutions, or administrative units, by serving the chairman or presiding officer or member of the governing body of such county.
  
  Municipal Corporation.
  Upon a municipal corporation or upon any of its offices, departments, agencies, authorities, institutions, or administrative units, by serving the mayor or the presiding officer or councilman, commissioner, or other member of the municipal corporation.
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  Other Governmental Entity.
  Upon any governmental entity not mentioned above, by serving the person, officer, group, or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. Service upon any person who is a member of the “group” or “body” having responsibility for the administration of the entity shall be sufficient.

Hawaii Rules of Civil Procedure. Rule 4. Process.

• SUMMONS | ISSUANCE

• SUMMONS | FORM

• SUMMONS | BY WHOM SERVED

• PERSONAL SERVICE

• SUMMONS | OTHER SERVICE

• TERRITORIAL LIMITS OF EFFECTIVE SERVICE

• RETURN

• AMENDMENT

• RULE 77

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• (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:
  

  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.
• ​(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:
  

  1. Upon an individual... (a) by delivering a copy of the summons and complaint to that individual personally or in case the individual cannot be found by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion residing therein or (b) by delivering a copy... to an agent authorized by appointment or by law to receive service of process
  2. Upon an infant...
  3. Upon a domestic or foreign corporation or partnership..., by delivering a copy of the summons and complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by the state to receive service and the statute so requires, by also mailing a copy to the defendant.
• (e) Same: Other service. Whenever a statute or an order of court provides for service upon a party not an inhabitant of or found 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 shall make proof of service thereof 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 party 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.

Hawaii Revised Statutes

• PERSONAL SERVICE

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• 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 the place in which the defendant may be found or specially appointed by the court to make the service which service shall be evidenced by the return of the serving officer or by affidavit and shall be of the same legal force and validity as if made within the State.
• Limits of Effective Service.
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  All process may be served anywhere in this state and, when authorized by law or by these rules, may be served outside this state.
• Upon Whom Process Served.
  Service of process, except service by publication as provided in Rule 4.3, shall be made as follows:
  
  Individual.
  Upon an individual, other than a minor or an incompetent person, by serving the individual or by leaving a copy of the summons and the complaint at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service of process;
  
  Minor.
  Upon a minor by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor or with whom the minor lives, or the spouse, if the minor is married, and, if the minor is over the age of twelve years, by also serving the minor personally;
  
  Incompetent Not Confined.
  Upon an incompetent person by serving the incompetent and that person’s guardian but, if no guardian has been appointed, by serving the incompetent and a person with whom the incompetent lives or a person who cares for the incompetent;
  
  Incompetent Confined.
  Upon an incompetent person not having a guardian and confined in any institution for the mentally ill or mentally deficient, by serving the superintendent of the institution or similar official or person having the responsibility for custody of the incompetent person;
  
  Incarcerated Person.
  Upon an individual incarcerated in any penal institution or detention facility within this state, by serving the individual, except that when the individual to be served is a minor, by serving any one of the following: the father, the mother, the guardian, the individual having care of the minor, or the spouse, if the minor is married, and, if the minor is over the age of twelve (12) years by serving the minor personally;
  
  Corporation.
  Upon a corporation, either domestic or foreign, by serving the agent authorized by appointment or by law to receive service of process or by serving the corporation by certified mail at any of its usual places of business or by serving an officer or an agent of the corporation;
  
  Partnership.
  Upon a partnership, a limited partnership, or a limited partnership association, by serving the entity by certified mail at any of its usual places of business or by serving a partner, limited partner, or manager or member;
  
  Unincorporated Organization or Association.
  Upon an unincorporated organization or association by serving it in its entity name by certified mail at any of its usual places of business or by serving an officer or agent of any such organization or association or an officer or agent of any branch or local office of the organization or association;
  
  Professional Association, Professional Corporation, or Limited Liability Company.
  Upon a professional association, a professional corporation, or a limited liability company, by serving the association, corporation, or company in the entity’s name by certified mail at the place where the entity’s offices are maintained or by serving a shareholder, or by serving the agent authorized by appointment or by law to receive service of process;
  
  State.
  Upon this state or any one of its departments, offices, and institutions, by serving the officer responsible for the administration of the department, office, or institution, and by serving the attorney general of this state;
  
  County.
  Upon a county or upon any of its offices, agencies, districts, departments, institutions, or administrative units, by serving the chairman or presiding officer or member of the governing body of such county.
  
  Municipal Corporation.
  Upon a municipal corporation or upon any of its offices, departments, agencies, authorities, institutions, or administrative units, by serving the mayor or the presiding officer or councilman, commissioner, or other member of the municipal corporation.
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  Other Governmental Entity.
  Upon any governmental entity not mentioned above, by serving the person, officer, group, or body responsible for the administration of that entity or by serving the appropriate legal officer, if any, representing the entity. Service upon any person who is a member of the “group” or “body” having responsibility for the administration of the entity shall be sufficient.

​Disclaimer: Laws and regulations change often, therefore please visit your state specific website to stay abreast of updates and amendments.

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