A BILL FOR AN ACT

SECTION 1. Section 634-36, Hawaii Revised Statutes, is amended to read as follows:

"§634-36 Manner of service under sections 634-33 to 35. When service of summons is provided for by section 634-33, 634-34, or 634-35, service shall be made by service upon the defendant personally by any person authorized to serve process in the place in which the defendant may be found or appointed by the court for the purpose, or sent by certified, registered, or express mail, postage prepaid, with return receipt requested, by the plaintiff or the plaintiff's attorney to the defendant. The plaintiff or the plaintiff's attorney shall file the return of the serving officer or an affidavit showing that the copy of summons and complaint were served as aforesaid or sent by certified, registered, or express mail as aforesaid, and in the latter case the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon delivery of the required papers to the defendant outside the State, personally or by mail as provided.

If delivery of the process by mail is declined or refused or if the return receipt is signed by a person other than the defendant, the party serving the process shall in any such event promptly mail to the defendant by first class mail a copy of the summons and complaint and a notice that, despite such declination or refusal of the mailing by the defendant, or the signing and returning of the return receipt of the mailing by a person other than the defendant, the case will proceed and that judgment by default will be rendered unless the defendant appears to defend the suit. Service of process shall be deemed to have been completed five days after the posting of the complaint and summons and the notice required by this section, exclusive of Saturdays, Sundays and holidays, provided, however, that the plaintiff or the plaintiff's attorney shall promptly file a declaration or an affidavit setting forth the facts and circumstances of service under this section. Any default or judgment by default pursuant to service under this section may be set aside if it is demonstrated that neither the defendant nor a person acting at the defendant's direction, express or implied, participated in the refusal to accept the mail, or that the mailing which was receipted for by another person was destroyed, secreted or misdirected or otherwise intentionally made unavailable to the defendant.

If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one newspaper published in the State and having a general circulation in the circuit in which the action has been instituted, in such manner and for such time as the court may order, but not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated therein unless a different time is prescribed by order of the court."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act does not affect rights and duties that have matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. This Act shall take effect upon its approval.