Hawaii Process Service Laws, No Sunday Process Service, Out Of State Process Service Laws, Federal Process Service Laws, Date Time Process Service, Legal Process Laws,
Sidewalk to Front Door
"It is recognized that there is an implied
invitation for business licensees and
others to enter upon that portion of the
premises approaching and adjacent to
the entrance of a residence, and that
under ordinary circumstances one
using that portion of the premises to
approach and serve legal process
could in no sense be deemed a
trespasser. It is questionable, however,
whether the license so implied should
extend to one bent on vexing, harassing
and irritating the occupants and
creating a disturbance of the peace so
as to inflict mental duress and suffering
upon them. By the same token, it may
be contended that any privilege
conferred by the process, with which
the actor was armed, would be forfeited
because of the motivation and intent of
the actor."  
Golden v. Dungan, 20 Cal. App. 3d 295,
310 (Cal. 1971).
Counter
 
 
Process Service outside Hawaii State.
Berry v. Berry (Haw Sup Ct 2012)
HRCC Rule 28
Dismissal for want of service.
 
see 2 HA 373, aff'd 65 H. 592 (1982)
"Rules as to service of process, like
rules as to pleadings, should be
construed with an eye to fairness
rather than literal construction."
(Footnote omitted.)
7 A. Larson,
Larson's Workers' Compensation Law
,
§ 124.05 (2009).
Meyer v. Sure Save
Super Market, No. 30476 at 3 (Haw
ICA Oct 9, 2012).
Defendant refusing process service by
registered or 1st class US Mail.
HAIWAII CREDIT CARD CORP. v.
Continental Credit Card Corp., 290 F.
Supp. 848, xxx (DC Hawaii 1968)
(Chief Judge Pence)
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2015 Hawaii Legislation
HB87
Process Server Trespassing Laws
A Bill For An Act
H.R.S.
Hawaii's Process Service Laws
§ 353C-10
Service of process; list.
§ 604-6.2
Order to show cause
§ 634-2
Joint contractual obligations
§ 634-3
Actions against persons by firm name
§ 634-11
Interpleader; application for order by sheriff, deputy sheriff,
police officer, or independent civil process server
§ 634-12
Sale of property seized on execution, when
 
 
§ 634-21
Service of process, by whom
§ 634-21.5
Service of process within a condominium,
cooperative housing, or planned community
§ 634-22
Return [of service]
§ 634-23
Joinder of unknown persons;
service when defendant unknown or absent  [publication]
634-24
Service outside the state or by registered mail
634-25
Personal service on resident outside the state
634-26
Form of published notice
634-27
Substituted service of summons in attachment cases
634-28
Form of judgment
634-29
In case of attachment, etc., of real property
634-30
Organizations and associations, service of process on; judgment
634-31
Same; nonresidents; service
634-32
Other laws not affected
634-33
Service in cases of operation of motor vehicles
634-34
Service on boat operators
634-35
Acts submitting to jurisdiction
634-36
Manner of service under sections 634-33 to 35
634-37
Presumption of notice and service of process in child support
cases
   
   
H.R.S. §§
Garnishee
 
 
§652-2
Garnishee, rights, duties; collection by sheriff, deputy sheriff,
police officer, or independent civil process server.
§652-2.5
Service on garnishee.
§652-2.6
Effect of service
§
 
H.R.S. §§
Condominium / Horizontal Property
 
 
§514A-93.3
Service of process. The board of directors shall establish a policy
to provide reasonable access to persons authorized to serve
civil process in compliance with section 634-21.5
§514B-106.5
Service of process
§
 
H.R.S. §§
Probate / Guardianship
 
 
§ 560:1-401
Probate
§ 560:1-309(b)
Guardianship
   
   
  TITLE 36.  CIVIL REMEDIES AND DEFENSES

AND SPECIAL PROCEEDINGS



Chapter

651 Attachment and Execution

651C Uniform Fraudulent Transfer Act

652 Garnishment

653 Garnishment of Government Beneficiaries

654 Special Proceedings for Immediate Possession of

  Personal Property

655 Deposit and Delivery

656 Frauds, Statute of

657 Limitation of Actions

657D Civil Relief for State Military Forces

658 Arbitration and Awards--Repealed

658A Uniform Arbitration Act

658B Uniform Foreign-Money Claims Act

658C Uniform Foreign Money-Judgments Recognition

  Act--Repealed

658D International Arbitration

658F Uniform Foreign-Country Money Judgments Recognition Act

658G Hawaii Uniform Collaborative Law Act

658H Uniform Mediation Act

658J Uniform Family Law Arbitration Act

659 Quo Warranto

660 Habeas Corpus

661 Actions By and Against the State

661B Redress for Wrongful Conviction and Imprisonment

662 State Tort Liability Act

662D Volunteer Service; Immunity

662E Claims Against Government Arising Out of Year 2000

  Errors--Repealed

663 Tort Actions

663A Civil Liability for Shoplifting

663B Equine Activities

663D Drug Dealer Liability--Repealed

663E Drug Dealer Liability

663J Liability for Coercion into Prostitution

663M Year 2000 Errors in Computer-Based Systems--Repealed

664 Boundaries, Fences, Ways, Water Rights

665 Escheat

666 Landlord and Tenant

667 Foreclosures

668 Partition of Real Estate

668A Uniform Partition of Heirs Property Act

669 Quieting Title

671 Medical Torts

671D Health Care Peer Review

672 Design Professional Conciliation Panel--Repealed

672B Design Claim Conciliation Panel

672E Contractor Repair Act

673 Native Hawaiian Trusts Judicial Relief Act

674 Individual Claims Resolution Under the Hawaiian

  Home Lands Trust

675 Tobacco Liability Act

676 Structured Settlement Protection Act



Note



As to procedural statutes superseded by the rules of court, see note preceding Title
32.



CHAPTER 651

ATTACHMENT AND EXECUTION
   Part I.  Attachment
Section:
651-1 General provisions

651-2 Writ; issued when

651-3 Affidavit

651-4 Bond; amount and conditions

651-5 Additional security

651-6 Action on bond

651-7 Writ; how issued

651-8 Amount levied on

651-9 Writ; how executed

651-10 Indemnity for police officer

651-11 Execution in order of receipt

651-12 Examination of defendant; where no property known

651-13 Attached property; sale of

651-14 Appointment of receiver

651-15 Officer's return; how made

651-16 Discharge of writ

651-17 Discharge by bond of defendant

651-18 Discharge of writ when improperly issued

651-19 Recording discharge

651-20 Judgment satisfied out of attached property

651-21 Deficiency



   Part II.  Execution

651-31 Time of issuance

651-32 Execution, district court; form

651-32.1 Repealed

651-33 Bond for expenses on execution

651-34 Time within which execution shall be returnable

651-35 When property in circuit insufficient

651-36 Execution, courts of record; form

651-37 Address, signature

651-38 Alias writs

651-39 Available in all circuits

651-40 Stay by judge; effect

651-41 Priority in levying

651-42 How levy made, inventory

651-43 Advertisement for sale

651-44 Sale; proceeds; return

651-45 Postponement of sale

651-46 Deeds, etc.

651-47 Levy on and execution sale of investment securities;

     garnishment the proper procedure when the security is

     subject to right of possession of third party

651-48 Same, penalty

651-49 Only defendant's interest sold

651-50 Liability for exceeding powers

651-51 Indemnity bond

651-52 Indemnity, how collected



   Part III.  Exemptions



    A.  Generally

651-61 Exemption, how claimed

651-62 Indemnity bond if exemption claimed

651-63 Liability for selling exempt property

651-64 Seizure of exempt property

651-65 to 67 Repealed

651-68 Proceedings on execution; appraisers; expiration of

     lien, result

651-69 Application form contents

651-70 Service of petition and notice of hearing; effects of

     failure to serve; appointment of appraisers



    B.  Real Property

651-91 Definitions

651-92 Real property exempt

651-93 Effect of separation, divorce, reconciliation

651-94 Proceedings where real property can be divided without

     material injury

651-95 Sale where real property cannot be divided;

     application of proceeds

651-96 After sale, money equal to real property exemption

     protected



    C.  Personal Property

651-121 Certain personal property and insurance thereon,

     exempt

651-122 Personal property not exempt

651-123 Application of proceeds of sale

651-124 Pension money exempt



Note



As to procedural statutes superseded by the rules of court, see note preceding Title
32.



Case Notes



Validity of prejudgment replevin provisions authorizing taking of property without
affording prior opportunity to be heard.  407 U.S. 67 (1972).
§
 
H.R.S. §§
Landlord And Tenant
  Sections
666-1 Summary possession on termination or forfeiture of lease
666-2 Tenancy from month to month, etc.; termination, extension
666-3 Forfeiture, warning, notice to vacate, refunds
666-4 Oral leases not exceeding one year, valid
666-5 Acceptance of rent during litigation, effect of
666-6 Summary possession proceedings; venue
666-7 Jurisdiction; joinder
666-8 Service
666-9 Return day
666-10 Repealed
666-11 Judgment; writ of possession
666-12 How writ executed
666-13 Effect of writ
666-14 Writ stayed how, in proceedings for nonpayment of rent
666-15 to 19 Repealed
666-20 Rent control ordinances
666-21 Rent trust fund
Chapter 666
Landlord and Tenant
§666-8
Writs Summary Possession
§669-9
Return Day
§669-11
Judgment; Writ of possession
§666-12
How writ executed
§
 
H.R.S. §§
FORECLOSURES
§667-1
Definitions.  As used in this chapter: . . .
"Serve", when referring to providing notice of intention to foreclose or notice of
default and intention to foreclose pursuant to a nonjudicial foreclosure, means to
have service of the notice of default and intention to foreclose made in accordance
with the service of process or the service of summons under the Hawaii rules of civil
procedure and under sections 634-35 and 634-36, excluding however, any return or
affidavit of service obligations required therein.
H.R.S. §§
Criminal Trespass
§
 
§708-813
Criminal trespass in the first degree
- - see subsection (1) & definition at subsection (3) - -
§708-814
Criminal trespass in the second degree
- - see subsection (2) & definition at subsection (3) - -
§
 
NOTE
see legislative "summary description" regarding recent change
in trespass laws designed to "shield process servers from
prosecution ...."
   
   
INTER-STATE PROCESS SERVICE
[Fed.R.Civ.P.] Rule 4(d)(7) provides
that service upon an individual may be
made "in the manner prescribed by
any statute of the United States or in
the manner prescribed by the law of
the state in which the district court is
held."
Thompson v. King, 523 F. Supp. 180,
182 (DC MD Florida 1981)
xx
Miller v. Johnson, xxx
 
SUNDAY PROCESS SERVICE
 
FLORIDA:
The issue is whether a criminal
summons may be legally served on a
Sunday.
Section 48.20 . . .
Miller v. Johnson, 466 So. 2d 340
(Fla D.C. of Appeals, 5th Dist. 1985)
 
 
Process Service Laws, Court Rules & Legislation                        
No.
Circuit Court Rules of Civil Procedures
4
Process
 
 
 
Rules of the Circuit Courts
5
Service of papers and proof thereof
28
Dismissal for want of service
 
Dist. Court Rules of Civil Procedures
4
Process
 
 
 
Rules of the District Courts
5
Service of papers and proof thereof
 
 
28
Dismissal for want of service
 
 
 
Rules of Small Claims Court
3(c)
Service
3(d)
Time of service
5
Place of service
10(b)
Want of prosecution
 
Rules of
   
 
 
County Ordinance re Process Service
HAWAII COUNTY
                           HONOLULU COUNTY
Section 5-205. Service of Legal Process ---
Legal process against the city shall be served upon the
corporation counsel or any of the corporation counsel's
deputies, and in default of finding the corporation counsel or
any deputy, upon the mayor, and in default of finding the
mayor, then upon any council member.  When such service
is made upon any officer other than the corporation counsel,
such officer shall promptly notify the corporation counsel.   
(Reso. 83-357, 90-295 and 95-205)
KAUAI COUNTY
                               MAUI COUNTY
Section 8-2.4. Service of Legal Process ---
Legal  process  against  the county shall be served upon the
corporation counsel or any of the deputies.