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Hawaii Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Hawaii Courts website for
updated and complete rules of civil procedure in
Hawaii.
Rules of Civil Procedure in Hawaii:
Rule
4. Process.
A. Summons - Issuance.
Upon the filing of the complaint
the clerk shall forthwith issue a
summons and deliver it to the
plaintiff or the plaintiff's
attorney, who shall cause the
summons and a copy of the complaint
to be served in accordance with this
rule. Upon request of the plaintiff
separate or additional summonses
shall issue against any defendants.
B. Summons - Form. The
summons shall:
- be signed by the clerk under
the seal of the court,
- contain the name of the
court, the names of the parties,
and the date when issued,
- be directed to the
defendant,
- state the name and address
of the plaintiff's attorney, if
any, otherwise the plaintiff's
address,
- 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,
- 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
- contain a warning to the
person summoned that failure to
obey the summons may result in
an entry of default and default
judgment.
C. Summons - By Whom
Served. Service of all
process shall be made:
- 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
- in any county by the
chief of police or the
chief's duly authorized
subordinate.
CivilProcedure.info does not
warrant the accuracy of these rules of civil procedure or laws. The rules of civil procedure or laws listed on
CivilProcedure.info are only a
starting point for reference, and
are not meant to be legal advice or
a replacement for legal console.
Please consult a process server in
your area, county, or state if you
have any questions about process
service there.
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