Hawaii Service of Process Rules
Hawaii
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve incapacitated individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
y (if 16+ minor only)
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suiteable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
Required
Mail always?
Yes
Mail if posted
Required
Mail if subserve
Yes
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible (by court order)
Eviction Posting Rules
Additional Rules
Additional rules - TM
If posting of summons by court order is granted, then must also mail by certified mail.
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Service of all process shall be made anywhere in the State by the sheriff…, by the chief of police…, 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.
**Personal Service, Individuals.** … Service shall be made as follows: Upon an individual…by delivering a copy of the summons and complaint to that individual personally.
**Substituted.** If 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 by delivering a copy… to an agent authorized by appointment or by law to receive service of process.
**Corporations.** Upon a domestic or foreign corporation or upon a partnership…, by delivering a copy of the summons and 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.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: 1) service upon infants.
**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.
