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Rule 4 – Process

May 11, 2021 | Family Law, Hawaii

(a) Summons: Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it to the plaintiff for service by a person authorized to serve process. Upon request of the plaintiff, separate or additional summons shall issue against any defendant, cross-defendant, or cross-plaintiff.
(b) Summons: Form. The summons shall

(1) be signed by the clerk under the seal of the court,
(2) contain the name of the court, and the names of the parties, and the date when issued,
(3) be directed to the defendant or cross- defendant,
(4) state the name and address of the plaintiff’s or cross-plaintiff’s attorney, if any, otherwise the plaintiff’s or cross-plaintiff’s address,
(5) state the time within which these rules require the defendant or cross-defendant to appear and defend, and shall notify the defendant or cross-defendant that in case of the defendant’s or cross-defendant’s failure to do so, judgment by default will be rendered against the defendant or cross-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 family 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) of these rules, service is made pursuant to a statute or order, the summons or notice, or order in lieu of summons, shall correspond to that required by the statute or order.

(c) Summons: By whom served. Service shall be made:

(1) anywhere in the State by the sheriff or the sheriff’s deputy, by some other person specially appointed by the court for that purpose, or by any person who is not a party and is not less than 18 years of age; or
(2) in any county by the chief of police of that county or a duly authorized subordinate. Subpoena, however, shall be served as provided in Rule 45 of these rules.
(d) Summons: Personal service. The summons and complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows:

(1) Upon an individual other than a child or an incompetent person,

(A) by delivering a copy of the summons and of the complaint to the 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 then residing therein or
(B) by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
(2) Upon a child, by delivering a copy of the summons and of the complaint personally

(A) to the parent or parents, custodian, or guardian of the minor or as provided by order of the court and
(B) except as required by statute, if the child is 16 years or over, also to the child; and
(3) Upon an incompetent person, by delivering a copy of the summons and of the complaint personally

(A) to the guardian of the incompetent person or to the guardian or conservator of the incompetent person’s property, or if the incompetent person is living in an institution, care facility or care home, then to the director or chief executive officer of the institution or owner or operator of the care facility or care home, or if service cannot be made upon either of them, then as provided by order of the court, and
(B) unless the court otherwise orders, also to the incompetent person.
(4) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the 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 statute to receive service and the statute so requires, by mailing a copy to the defendant.
(5) Upon the State, by delivering a copy of the summons and of the complaint to the attorney general of the State, or to the assistant attorney general or to any deputy attorney general who has been appointed by the attorney general.
(6) Upon an officer or agency of the State, by serving the State and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, the copies shall be delivered as provided in paragraph (4) of this subdivision of this rule.
(7) Upon a county, as provided by statute or the county charter, or by delivering a copy of the summons and of the complaint to the corporation counsel or county attorney or any of the deputies.
(8) Upon an officer or agency of a county, by serving the county and by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation the copies shall be delivered as provided in paragraph (4) of this subdivision of this rule.
(9) Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule, it is also sufficient if the summons and complaint are served in the manner prescribed by any statute.
(e) Summons: Other service.

(1) Whenever a statute or an order of court provides for service upon a party not resident of or found within the State of a summons, or of a notice, or of an order in lieu of summons, service shall be made under the circumstances and in the manner prescribed by the statute or order.
(2) Whenever a statute or an order of court requires or permits service by publication of a summons, or of a notice, or of an order in lieu of summons, any publication pursuant thereto shall be made under the circumstances and in the manner prescribed by the statute or order. Whenever the publication in a newspaper of any summons, process, notice or order is permitted, evidence of such publication shall be given by the affidavit or declaration of the editor, publisher, manager, foreman, clerk or printer of such newspaper, not interested in the suit, action, matter or proceeding to which such publication relates, to which affidavit or declaration shall be attached a copy of such summons, process, notice or order, and which affidavit or declaration shall also specify the dates and times when and the newspaper in which the publication was made. Said affidavit or declaration shall be filed with the clerk before the time fixed for hearing.
(3) Whenever a statute or order of court requires or permits service by posting the pleadings and summons at a courthouse and sending a certified copy of the pleadings and summons to the individual’s last known address by certified mail with a return receipt requested and a directive to deliver to addressee only, 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 process. When service is made by any person specially appointed by the court, that person shall make an affidavit or declaration 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 thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

Haw. Fam. Ct. R. 4

Amended July 1, 1982, effective July 1, 1982; further amended March 19, 1986, effective March 19, 1986; further amended September 14, 1993, effective September 14, 1993; further amended May 12, 1995, effective June 1, 1995; further amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.