Rule 87 - Submission to Jurisdiction by Non-resident Personal Representative(a) Manner and Effect of Submission. Where an individual not a resident of the State of Hawai'i seeks appointment as special administrator or personal representative, the petition or application for appointment signed by the non-resident or the acceptance of appointment shall contain a clear and concise statement to the effect that (a) the individual fully and freely submits to the personal jurisdiction of the courts of the State of Hawai'i and (b) the individual fully, freely, and irrevocably appoints the clerk of the court in the circuit in which the proceeding is brought as the individual's agent for service of process for all purposes related to the proceeding in the State of Hawai'i. (b) Procedure for Substituted Service. The individual so appointed shall keep the clerk of the court informed in writing of the individual's mailing address at all times. A non-resident so appointed shall keep the clerk of the court informed in writing of the non-resident's mailing address and telephone number at all times. Before any substituted service may be made on the clerk of the court, the party attempting service must make, and document to the satisfaction of the clerk of the court that the party attempting service has made, reasonable attempts at mailed or personal service. Upon service on the clerk of the court, the sole responsibility of the clerk of the court shall be to mail the pleadings and papers so served, postage prepaid, to the non-resident at the last mailing address which the non-resident shall have given the clerk of the court. As amended November 2, 1995, effective 1/2/1996; further amended November 12, 1997, effective 12/15/1997.COMMENTARY:
The 1990 statutory change to allow non-residents to serve as personal representative in Hawai'i requires that the non-resident submit to the jurisdiction of Hawai'i state courts. This rule seeks to implement that requirement, both through an affirmative submission to jurisdiction (either in the petition or in a separate acceptance of appointment) and through appointment of the chief clerk of the court as the individual's agent for service of process related to the proceeding.