Hawaii State Process Server

$189 Routine - $239 Rush

In Hawaii, process serving refers to the delivery of legal documents, such as summons, complaints, or subpoenas, to a party involved in a lawsuit. Below are the general rules and procedures for serving process in Hawaii:

1. Who Can Serve Process

Authorized Process Servers: The person serving the process must be over the age of 18 and cannot be a party to the case. In Hawaii, process can be served by any competent individual, including private process servers or law enforcement officers.
Sheriffs or Police Officers: Law enforcement officers may serve process, though they typically charge a fee for service.

2. Methods of Service

Hawaii Rule of Civil Procedure (HRCP) Rule 4 outlines the methods for serving process:

Personal Service: Delivering the documents directly to the individual being served.
Substitute Service: If personal service is not possible, service can be made by leaving the documents with someone of suitable age (usually 15 years or older) at the defendant's residence or place of business.
Service by Mail: In certain situations, service can be made by mailing the documents through certified mail with a return receipt requested.
Publication: If a person cannot be located after reasonable efforts, service may be made by publishing a notice in a newspaper.

3. Service on Corporations

Corporation Service: Service on a corporation, partnership, or other business entity may be made by delivering the process to an officer, director, or authorized agent of the entity. If this is not possible, the documents may be sent to the entity's registered agent or place of business.

4. Service on Government Agencies

State or Federal Government: To serve process on state or federal government agencies, the documents must be delivered to specific individuals, such as the attorney general or the head of the agency involved.

5. Time Limits for Serving Process

Within 90 Days: Hawaii law generally requires that service of process be completed within 90 days after the filing of the complaint. If service is not completed within this period, the case may be dismissed unless the party requesting service can show good cause for the delay.

6. Proof of Service

Affidavit or Return of Service: After the documents are served, the person who served the process must file a proof of service with the court. This is typically done through an affidavit or a return of service form that provides details on how, when, and where the service was made.

7. Alternative Service Methods

If the traditional methods of service (personal, substitute, or mail) are unsuccessful, Hawaii allows for alternative methods, such as service by publication, with court approval.

8. Additional Considerations

Service in Specific Counties: There may be minor variations in service procedures depending on the county, but the general principles outlined in the HRCP apply across Hawaii.