REPORT TITLE:
Court Costs; Process Servers


DESCRIPTION:
Allows fees and mileage for process servers to be included in
court costs.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           13
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO PROCESS SERVERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 607-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (d) to read as follows:
 
 3      "(d)  [Sheriff's or police officer's fees:] Fees for
 
 4 sheriff, police officer, or process server authorized by rules of
 
 5 court are as follows:
 
 6      (1)  For serving any criminal summons, warrant, attachment,
 
 7           or other criminal process, $20 [effective July 1,
 
 8           1990].
 
 9      (2)  For serving any civil summons, warrant, attachment, or
 
10           other civil process, $15 [effective July 1, 1990].
 
11      (3)  For every copy of an attachment and inventory of the
 
12           property attached, served upon the defendant, $1.50.
 
13      (4)  For serving any execution, 12 cents for every $1
 
14           collected up to $50, and 7 cents for every $1 over $50.
 
15      (5)  For serving subpoena or garnishee summons, $10.
 
16      (6)  For [every mile of travel, more than one, in serving
 
17           any process,] necessary travel in making the service,
 
18           per mile for every mile more than one, 35 cents;
 
19           provided that (A) no allowance shall be made where the
 

 
Page 2                                                     
                                     S.B. NO.           13
                                                        
                                                        

 
 1           [serving officer] server uses a conveyance furnished
 
 2           [the serving officer] by the State[,] or any political
 
 3           or municipal subdivision thereof; (B) [where the
 
 4           serving officer serves] if more than one person is
 
 5           served in the course of one trip, the [serving officer]
 
 6           server shall not charge, in the aggregate for all
 
 7           services, more than the mileage for the entire trip;
 
 8           and (C) as far as practicable, [in order to minimize
 
 9           the mileage fees for the service, the sheriff or other
 
10           chief of the serving officers, where] if service of
 
11           process is [to be made upon] required on an island
 
12           other than [that upon which is situated the court
 
13           issuing the process, shall cause the process to be
 
14           transmitted] the island where the process originated,
 
15           the sheriff, chief of the serving officers, or server
 
16           authorized by rule of court shall transmit the process
 
17           to a deputy, [the] chief of police, [or] other serving
 
18           officer, or server authorized by rule of court [upon]
 
19           on the island of service, who shall make the service
 
20           upon receipt of the process[; and the service shall be
 
21           valid], notwithstanding that the process may not be
 
22           addressed to the [officer] server actually making the
 
23           service or to the [officer's] server's superior."
 

 
Page 3                                                     
                                     S.B. NO.           13
                                                        
                                                        

 
 1      SECTION 2.  Section 607-8, Hawaii Revised Statutes, is
 
 2 amended by amending its title and subsection (a) to read as
 
 3 follows:
 
 4      "§607-8 [Sheriff's or serving or levying officer's
 
 5 fees] Fees for sheriff, serving or levying officer, or
 
 6 process server authorized by rules of court in circuit
 
 7 court, intermediate appellate court, or supreme court.(a)  For
 
 8 all necessary travel in making the service, per mile for every
 
 9 mile more than one........................35 cents provided that:
 
10      (1)  No allowance shall be made where the [serving officer]
 
11           server uses a conveyance furnished [the serving
 
12           officer] by the State[,] or any political or municipal
 
13           subdivision thereof;
 
14      (2)  Where the [serving officer] server serves more than one
 
15           person in the course of one trip, the [serving officer]
 
16           server shall not charge, in the aggregate for all
 
17           services more than the mileage for the entire trip; and
 
18      (3)  As far as practicable, [in order to minimize the
 
19           mileage fees for the service, the sheriff or other
 
20           chief of the serving officers, where] if service of
 
21           process is [to be made upon] required on an island
 
22           other than [that upon which is situated the court
 

 
 
 
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                                     S.B. NO.           13
                                                        
                                                        

 
 1           issuing the process, shall cause the process to be
 
 2           transmitted] the island where the process originated,
 
 3           the sheriff, chief of the serving officer, or server
 
 4           authorized by rules of court shall transmit the process
 
 5           to a deputy, [the] chief of police, [or] other serving
 
 6           officer, or server authorized by rules of court [upon]
 
 7           on the island of service who shall make the service
 
 8           upon receipt of the process[; and the service shall be
 
 9           valid], notwithstanding that the process may not be
 
10           addressed to the [officer] server actually making the
 
11           service or to the [officer's] server's superior.
 
12      For serving criminal summons or any other criminal
 
13 process except a subpoena, for each person served
 
14 therewith...........................$20 [effective July 1, 1990].
 
15      For serving civil summons or any other civil process,
 
16 except a subpoena or a garnishee summons, for each person
 
17 served therewith....................$15 [effective July 1, 1990].
 
18      For serving subpoena or garnishee summons, for each
 
19 person.......................................................$10.
 
20      For returning as unserved after due and diligent search any
 
21 process when it has been found that the person to be served has
 
22 left the State................................................$2.
 

 
 
 
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                                     S.B. NO.           13
                                                        
                                                        

 
 1      For serving any execution or other process for the
 
 2 collection of money, for every dollar collected up to
 
 3 $500 ....................................................5 cents.
 
 4      And for every dollar over $500..................2-1/2 cents.
 
 5      All fees paid to any printer for publishing an advertisement
 
 6 of the sale of any property.
 
 7      For every bill of sale...................................$1.
 
 8      For executing and acknowledging a deed pursuant to a sale
 
 9 of real estate to be paid by the grantee in the deed..........$5.
 
10      For drawing any bond required by law.....................$1.
 
11      For serving writ of possession or restitution, putting any
 
12 person entitled into the possession of premises, and removing a
 
13 tenant pursuant to order of court.............................$1.
 
14      Together with all necessary expenses incurred by the officer
 
15 serving the writ, incident to the eviction.
 
16      For selling any property on an order from the court other
 
17 than an execution, the same allowance as for service and sales by
 
18 execution.
 
19      The fees for service of executions, attachments, and
 
20 collection of judgments, together with all costs incurred after
 
21 judgment rendered, not included in the judgment, in all courts of
 
22 the State, shall be collected in addition to the sum directed to
 

 
 
 
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                                     S.B. NO.           13
                                                        
                                                        

 
 1 be levied and collected in the writ."
 
 2      SECTION 3. Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 4.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________