Hawaii Summary Possession (Eviction) Service & Inter-Island Subpoena Witness Fees
In Hawaii residential evictions under the Residential Landlord-Tenant Code (HRS Chapter 521) and Summary Possession statute (HRS Chapter 666), landlords must first serve a written 5-business-day Notice to Pay Rent or Quit (HRS § 521-68), 10-day Notice to Cure (HRS § 521-72), or 45-day Month-to-Month Termination Notice (HRS § 521-71) prior to filing a District Court Complaint for Summary Possession. For Hawaii civil subpoenas under HRCP Rule 45 and HRS § 607-12, witnesses are entitled to $20.00 per day plus $0.33 per mile round-trip on the same island—or prepaid round-trip inter-island airfare/ferry fare plus per diem when compelled to travel from another island ($115 Standard / $165 Rush / $215 Same-Day).
1. Statutory Fee, Deadline & Turnaround Comparison: Hawaii Evictions (HRS Ch. 521/666) & Inter-Island Subpoenas
Hawaii's landlord-tenant and discovery statutes contain two of the strictest procedural traps in Pacific litigation: (1) computing business-day vs. calendar-day eviction notices under HRS Chapter 521 before filing a Summary Possession lawsuit under HRS Chapter 666 in District Court, and (2) tendering exact statutory witness fees and inter-island travel allowances under HRS § 607-12 when serving a subpoena under HRCP Rule 45.
Whether you are a property manager serving a 5-day non-payment notice in Honolulu, Kihei, Hilo, or Lihue, or an mainland litigator domesticating an out-of-state subpoena under Hawaii's Uniform Interstate Depositions and Discovery Act (UIDDA, HRS Chapter 624B), any defect in notice calculation or witness fee tender will result in immediate dismissal at the District Court return hearing or a granted Motion to Quash.
Hawaii Eviction Notice Periods (HRS Ch. 521/666) & Subpoena Witness Fee Schedule (HRS § 607-12)
| Hawaii Legal Instrument | Governing Statute / Rule | Mandatory Notice / Fee Formula | Service Method & Court Venue |
|---|---|---|---|
| Non-Payment of Rent Notice | HRS § 521-68(a) | At least 5 business days (excluding weekends & state holidays) | Personal delivery or dwelling delivery prior to District Court filing |
| Lease Violation Cure Notice | HRS § 521-72 | At least 10 calendar days to cure breach (immediate if HRS § 521-69 threat) | Personal or residence delivery with timestamped Affidavit of Service |
| Month-to-Month Termination | HRS § 521-71(a) | At least 45 consecutive days' written notice by landlord | Runs from actual date of delivery to tenant; strict date proof required |
| Summary Possession Summons | HRS § 666-8 & DCRCP Rule 4 | 5 to 7 days return hearing calendar (varies by District Court) | Personal or abode service (posting only by court order under HRS § 666-8) |
| Same-Island Civil Subpoena | HRCP Rule 45 & HRS § 607-12 | $20.00/day attendance fee + $0.33/mile round-trip mileage | Personal tender to witness or records custodian (HRS § 622-52 medical) |
| Inter-Island Witness Subpoena | HRS § 607-12 | Round-trip inter-island carrier fare + $20/day + $90–$145 overnight per diem | Coordinated across Oahu, Maui, Big Island, Kauai, Molokai & Lanai |
2. Step-by-Step Procedural Execution: HRS Ch. 521 Notices, Summary Possession & HRS § 607-12 Witness Fees
To evict a residential tenant for non-payment of rent in Hawaii, HRS § 521-68(a) requires written notice demanding payment within not less than five (5) business days—meaning Saturdays, Sundays, and Hawaii state holidays (including Prince Kuhio Day, King Kamehameha Day, and Statehood Day) are excluded. Only after the fifth business day expires without full payment may the landlord file a Complaint for Summary Possession in the District Court of the circuit where the property is situated (e.g., Honolulu District Court at 1111 Alakea St, Wailuku District Court, Hilo/Kona District Court, or Lihue District Court).
Once the District Court clerk issues the Summary Possession Summons, DCRCP Rule 4 and HRS § 666-8 require personal or abode service on the tenant in advance of the return hearing. If the process server makes diligent attempts and attests by affidavit that the tenant cannot be found or is concealing themselves to avoid service, HRS § 666-8 authorizes the District Court judge to order substituted service by posting a conformed court copy conspicuously on the leased premises and mailing via return-receipt mail.
For civil trial and deposition subpoenas under HRCP Rule 45(b), service must be made personally on the witness accompanied by statutory fees under HRS § 607-12: $20.00 per day for attendance plus $0.33 per mile each way when the witness resides on the same island. If a subpoena compels a witness residing on Maui, Kauai, Molokai, Lanai, or the Big Island to appear in Honolulu (or vice versa), HRS § 607-12 mandates tendering round-trip inter-island air/carrier fare plus the statutory per diem subsistence allowance.
3. Field Rejection & Motion-to-Quash Failure Modes (Premature Posting, UIDDA Errors & Hospital Records)
In Hawaii District Court Summary Possession calendars, landlords routinely lose weeks of rent because an untrained runner tapes a Summary Possession Summons to an apartment door on the first attempt without prior court authorization under HRS § 666-8. Unlike preliminary notices under HRS § 521-21, a court Summons for Summary Possession cannot be posted on a door unless and until a judge signs an order for posting supported by a process server's affidavit of diligent non-service.
In subpoena practice, hospital Health Information Management (HIM) departments at The Queen's Medical Center (1301 Punchbowl St), Straub Medical Center (888 S King St), Maui Memorial Medical Center, and Hilo Benioff Medical Center will reject medical records subpoenas that fail to comply with HRS § 622-52 and HIPAA—which allow records production by custodian affidavit in lieu of personal appearance when properly noticed.
4. Court-Ready Return of Service & UIDDA Domestication Filing (HRS Ch. 624B)
For mainland attorneys domesticating a foreign subpoena in Hawaii under HRS § 624B-3 (UIDDA), the out-of-state subpoena and a Hawaii form subpoena are submitted to the clerk of the First, Second, Third, or Fifth Circuit Court with the issuance fee; the issued Hawaii subpoena is then served with the HRS § 607-12 witness fee attached, and a Return of Service is provided after completion.
5. Statutory Edge-Case Q&A
- Do weekends and Hawaii state holidays count in a 5-day eviction notice for non-payment of rent?
- No. HRS § 521-68(a) explicitly specifies five business days after written notice. Saturdays, Sundays, and all official Hawaii state holidays must be excluded before filing a Summary Possession complaint.
- What is the statutory witness fee for a civil subpoena in Hawaii under HRS § 607-12?
- Under HRS § 607-12, witnesses in Hawaii civil actions are entitled to $20.00 per day of attendance plus $0.33 per mile round-trip on the same island, or prepaid round-trip inter-island airfare plus statutory per diem if traveling from another island.
- Can you domesticate and serve an out-of-state subpoena in Hawaii under the UIDDA?
- Yes. Under HRS Chapter 624B, we submit your foreign subpoena to the Circuit Court clerk in Honolulu, Wailuku, Hilo, Kona, or Lihue for issuance of a Hawaii subpoena and immediately dispatch a local island server.