(a) Summons: Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons. Plaintiff shall deliver the complaint and summons to a person authorized to serve process. Upon request of the plaintiff separate or additional summons shall issue against any defendant. COMMENTS:
Changed to clarify that the clerk does not deliver the complaint and summons to the authorized server, but that the complaint and summons are returned to the Plaintiff who must deliver them to the server.
(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. COMMENTS:
Amended by Supreme Court's Order Amending Rules of Court filed May 12, 1995.
(c) Same: By whom served. Service of all process shall be made anywhere in the State by the sheriff or the sheriff's deputy or by the chief of police or the chief's duly authorized subordinate or 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. A subpoena, however, may be served as provided in Rule 45. COMMENTS:
Changed to allow service outside the judicial circuit. Unlike HRS § 634-23, HRS §§ 634-33, 34, 35, and 36 appear to apply to any action in the State and are therefore applicable to actions in the District Courts. Further, there was an inconsistency in the original DCRCP between DCRCP Rule 3(c)(2), (3) and (4) which contemplated inclusion of defendants who resided outside the judicial circuit and DCRCP Rule 4 which limited service of process to the judicial circuit.
Changed to gender neutral language.
(d) Same: 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 an infant or an incompetent person,(i) by delivering a copy of the summons and of the 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 then residing therein or(ii) 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 an infant, by delivering a copy of the summons and of the complaint personally (i) to the guardian of the infant's property or if there is no guardian of the infant's property or service cannot be made upon such guardian then as provided by order of the court, and (ii) if the infant be of the age of 16 years or over, also to the infant; and upon an incompetent person, by delivering a copy of the summons and of the complaint personally (i) to the guardian of the incompetent person's property, or if the incompetent person is living in an institution then to the director or chief executive officer of the institution, or if service cannot be made upon either of them, then as provided by order of the court, and (ii) unless the court otherwise orders, also to the incompetent person. (3) 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 also mailing a copy to the defendant. (4) 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. (5) Upon an officer or agency of 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, and also by delivering a copy of the summons and of the complaint to such officer or agency. If the agency is a corporation, its copies shall be delivered as provided in paragraph (3) of this subdivision of this rule. (6) Upon a county, by delivering a copy of the summons and of the complaint to the corporation counsel or county attorney or to any deputy corporation counsel or county attorney for such county. (7) 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 (3) of this subdivision of this rule. (8) 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. COMMENTS:
Adopts HRCP Rule 4 with changes to gender neutral language. HRCP Rule 4 differs from DCRCP Rule 4 at subdivision (d)(4). This committee has adopted HRCP Rule 4(d)(4) because HRS § 661-1 appears to contemplate actions against the State of Hawai'i in District Court.
(e) Same: Other service. Whenever a statute provides for service upon a party not an inhabitant 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. 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. COMMENTS:
Adopts HRCP Rule 4(e). The original DCRCP Rule 4(e) did not allow service by publication. Unlike HRS § 634-23, HRS §§ 634-33, 34, 35, and 36 appear to apply to any action in the State and are therefore applicable to actions in the District Courts.
(f) Territorial limits of service. All process may be served anywhere within or outside of the State in conformance with HRS Section 604-7(c). COMMENTS:
Changed pursuant to HRS Section 604-7 which allows for service anywhere in the state and has provisions for service outside 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, or by an authorized process server, that person shall make affidavit of such service. COMMENTS:
Changed to gender neutral language.
Changed to take into account HRS Chapter 634D.
(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. Dis. Ct. R. Civ. P. 4