HOUSE OF REPRESENTATIVES |
H.B. NO. |
275 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to service of process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353C- Service of process; list. (a) For service of process, the director shall
maintain a list of independent civil process servers to process:
(1) Orders to show
cause pursuant to chapters 603, 604, and 633;
(2) Garnishment
pursuant to chapter 652;
(3) Writs of
replevin and attachment pursuant to chapter 634;
(4) Writs of
possession pursuant to chapters 501 and 666;
(5) Orders for
examination pursuant to chapter 636; and
(6) Writs of
attachment or execution pursuant to chapter 651.
(b) Any independent civil process server may
submit the server's name to the director to be placed on the list; provided
that a person shall not be placed on the list if the person:
(1) Is serving a
criminal sentence;
(2) Has been
convicted of a crime within the previous ten years;
(3) Is required to
register as a sex offender;
(4) Is subject to
any other legal restriction, including a temporary restraining order, that
prevents the person from serving process; or
(5) Cannot provide a copy
of a current State of Hawaii general excise tax license.
(c) The department, the State, and the agencies,
officers, and employees of the department or the State shall not be responsible
or liable for the actions of any independent civil process servers on the
list. The maintenance of the list shall
not create a private cause of action against the department, the State, or the
agencies, officers, and employees of the department or the State.
(d) Placement of a person's name on the list shall not make the person a law enforcement officer, sheriff or deputy sheriff, or an employee or agent of the State."
SECTION 2.
Section 501-154, Hawaii Revised Statutes, is amended to read as follows:
"§501-154 Writ
of possession, service, time limit for registration. When in any action in the nature of an action
of ejectment an execution or writ of possession has been issued and served by
the [officer,] sheriff, deputy sheriff, police officer, or
independent civil process server from the department of public safety's list
under section 353C- , the [officer] sheriff, deputy
sheriff, police officer, or independent civil process server shall cause a copy of the
writ, with a return of the [officer's] doings of the sheriff,
deputy sheriff, police officer, or independent civil process server thereon, to be filed and
registered within three months after the service and before the return of the
writ into the clerk's office. The
plaintiff, in case the judgment was that the plaintiff was entitled to an estate
in fee simple in the demanded premises, or in any part thereof, and for which
execution or writ of possession issued, is thereupon entitled to the entry of a
new certificate of title."
SECTION 3. Section 603-29, Hawaii Revised Statutes, is amended to read as follows:
"§603-29 Order to show cause. Whenever a complaint has been filed in circuit court alleging leased or rented personal property the value of which is $5,000 or more, has been retained by the defendant fourteen days after the termination of the lease or rental contract, either by passage of time or by reason of any default under the terms and conditions of the lease or rental contract, the plaintiff may petition the court for an order to show cause.
Upon the filing of the petition with
a copy of the lease or rental contract and an affidavit sworn to by the
plaintiff or some competent affiant setting forth a statement of facts
sufficient to show the termination of the lease or rental contract, the court
may issue an order directing the defendant to either return the leased or
rented personal property to the plaintiff or to appear and show cause for the
possession at such time as the court shall direct but not later than ten days from
the date of service of the order to show cause.
The order to show cause shall also provide that if the leased or rented
personal property is not returned to the plaintiff prior to the hearing, the
defendant shall, if reasonably feasible, produce the property at the
hearing. If, at the hearing, it is
proved to the satisfaction of the court that the plaintiff is entitled to
possession of the leased or rented personal property, it shall issue an order
directed to the sheriff, deputy sheriff, [or person authorized by the rules
of court,] police officer, or independent civil process server from the
department of public safety's list under section 353C-
commanding the sheriff, deputy sheriff, [or other person authorized by the
rules of court] police officer, or independent civil process
server to seize the personal property therein described and to deliver the
same to the plaintiff or the plaintiff's agent.
Service of the order to show cause shall be as provided by law or rule
of court for cases in the circuit courts, or by registered mail or by certified
mail with return receipt showing delivery within the circuit."
SECTION 4. Section 604-6.2, Hawaii Revised Statutes, is amended to read as follows:
"§604-6.2
Order to show cause. Upon the
filing of a complaint with a copy of a lease or rental contract and an
affidavit sworn to by the plaintiff or some competent affiant setting forth a
statement of facts sufficient to show that the leased or rented personal
property has been in the defendant's possession at least fourteen days after
the termination of the lease or rental contract, either by passage of time or
by reason of any default under the terms and conditions of the lease or rental
contract, the court may issue an order directing the defendant to either return
the leased or rented personal property to the plaintiff or to appear and show
cause for the possession at such time as the court shall direct, but not later
than ten days from the date of service of the order to show cause. The order to show cause shall also provide
that, if the leased or rented personal property is not returned to the
plaintiff prior to the hearing, the defendant shall, if reasonably feasible,
produce the property at the hearing. If,
at the hearing, it is proved to the satisfaction of the court that the
plaintiff is entitled to possession of the leased or rented personal property,
it shall issue an order directed to the sheriff, deputy sheriff, [or other
person authorized by the rules of court] police officer, or independent
civil process server from the department of public safety's list under section
353C- commanding the sheriff, deputy sheriff, [or a person authorized
by the rules of court] police officer, or independent civil process
server to seize the personal property therein described and to deliver the
same to the plaintiff or the plaintiff's agent.
Service of the order to show cause shall be as provided by law or rule
of court for cases in the district courts, or by registered mail or by
certified mail with return receipt showing delivery within the State."
SECTION 5. Section 607-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) Fees of sheriff, deputy sheriff, police
officer, or [other person authorized by the rules of court:] independent
civil process server from the department of public safety's list under section 353C-
shall be as provided under section 607-8(a)."
SECTION 6. Section 607-8, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§607-8 Fees of sheriff, deputy sheriff, police
officer, serving or levying officer, or [other person authorized by the rules
of court in circuit court, intermediate appellate court, or supreme court.]
independent civil process server. (a) For all necessary travel in making the
service, per mile for every mile more than one... 60 cents provided that:
(1) No allowance shall be made where the serving individual uses a conveyance furnished the serving individual by the State, or any political or municipal subdivision thereof;
(2) Where the serving individual serves more than one person in the course of one trip, the serving individual shall not charge, in the aggregate for all services more than the mileage for the entire trip; and
(3) As far as
practicable, in order to minimize the mileage fees for the service, the sheriff
or [other] chief of police of the serving police officers,
or [other persons authorized by the rules of court where service of process is
to be made upon an island other than that upon which is situated the court ordering
the process,] independent civil process server from the department of
public safety's list under section 353C- shall
cause the process to be transmitted to the sheriff, deputy sheriff, the chief
of police, [other person authorized by the rules of court, or other serving individual]
a police officer, or an independent civil process server upon the island
of service who shall make the service upon receipt of the process; and the
service shall be valid, notwithstanding that the process may not be addressed
to the individual actually making the service or to the individual's superior.
For serving criminal summons or any
other criminal process except a subpoena, for each person served therewith....................
$30 effective July 1, 2001. Service of
criminal summons or any other criminal process shall be made only by persons
authorized to serve criminal summons [in accordance with rules of court].
For serving civil summons, subpoena, subpoena duces tecum, or any other civil process, except a garnishee summons, for each person served therewith.............. $43 effective July 1, 2015.
For serving: garnishee summons, for each person....................... $30 effective July 1, 2015.
For returning as unserved after due and diligent search any process when it has been found that the person to be served has left the State ................ $10 effective July 1, 2015.
For serving any execution or other process for the collection of money, for every dollar collected up to $10,000................................... 5 cents.
And for every dollar over $10,000 ... 2-1/2 cents.
All fees paid to any printer for publishing an advertisement of the sale of any property.
For every bill of sale.................... $4.
For executing and acknowledging a deed pursuant to a sale of real estate to be paid by the grantee in the deed........................................... $10.
For drawing any bond required by law....... $4.
For serving writ of possession or restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to order of court......................................... $40.
Together with all necessary expenses incurred by the individual serving the writ, incident to the eviction.
For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution.
The fees for service of executions, attachments, and collection of judgments, together with all costs incurred after judgment rendered, not included in the judgment, in all courts of the State, shall be collected in addition to the sum directed to be levied and collected in the writ.
In lieu of any fee under this
subsection, the fee may be an hourly rate of not less than $50 per hour agreed
upon in advance between the party requesting the service and the sheriff, deputy
sheriff, police officer, or [other person authorized by rules of the court]
independent civil process server performing the service."
SECTION 7. Section 633-8, Hawaii Revised Statutes, is amended to read as follows:
"§633-8 Order to show cause. Upon the filing of a complaint with a copy of
a lease or rental contract and an affidavit sworn to by the plaintiff or some
competent affiant setting forth a statement of facts sufficient to show that
the leased or rented personal property has been in the defendant's possession at
least fourteen days after the termination of the lease or rental contract,
either by passage of time or by reason of any default under the terms and
conditions of the lease or rental contract, the court may issue an order
directing the defendant to either return the leased or rented personal property
to the plaintiff or to appear and show cause for the possession at such time as
the court shall direct, but not later than five days from the date of service
of the order to show cause. The order to
show cause shall also provide that, if the leased or rented personal property
is not returned to the plaintiff prior to the hearing, the defendant shall, if
reasonably feasible, produce the property at the hearing. If, at the hearing, it is proved to the
satisfaction of the court that the plaintiff is entitled to possession of the
leased or rented personal property, it shall issue an order directed to the
sheriff, deputy sheriff, [or other person authorized by the rules of court]
police officer, or independent civil process server from the department of
public safety's list under section 353C- commanding the
sheriff, deputy sheriff, [or other person authorized by the rules of court]
police officer, or independent civil process server to seize the
personal property therein described and to deliver the same to the plaintiff or
the plaintiff's agent. Service of the
order to show cause shall be as provided by law or rule of court for cases in
the district courts, or by registered mail or by certified mail with return
receipt showing delivery within the circuit."
SECTION 8. Section 634-11, Hawaii Revised Statutes, is amended to read as follows:
"§634-11 Interpleader;
application for order by sheriff [or other
person authorized by the rules of court.], deputy sheriff, police
officer, or independent civil process server. When, in the execution of process against
goods and chattels issued by or under the authority of the courts of the State,
by reason of claims made to such goods and chattels by assignees of bankrupts
and other persons not being the parties against whom such process had issued,
whereby the sheriff, deputy sheriffs, [other] police
officers, or [persons authorized by the rules of court] independent
civil process servers from the department of public safety's list under section
353C- are exposed to the hazard and expense of actions,
any such claim shall be made to any goods or chattels taken or intended to be
taken in execution under any such process or to the proceeds or value thereof,
it shall be lawful for the court, out of which the execution shall have issued,
or any judge thereof, upon application of the sheriff, deputy sheriff, [other]
police officer, or [other person authorized by the rules of court,]
independent civil process server made before or after the return of such
process, and as well before as after any action brought against the sheriff,
deputy sheriff, [other] police officer, or [other person
authorized by the rules of court,] independent civil process server
to call before it or the judge by rule, order, or summons, as well the party
issuing such process as the party making the claim. Thereupon the court or judge shall, for the
adjustment of the claims and the relief and protection of the sheriff, deputy
sheriff, [other] police officer, or [other person authorized
by the rules of court,] independent civil process server, make such
rules, orders, and decisions as shall appear to be just according to the
circumstances of the case. The costs of
all such proceedings shall be in the discretion of the court or judge."
SECTION 9. Section 634-12, Hawaii Revised Statutes, is amended to read as follows:
"§634-12 Sale of property seized
on execution, when. When goods or
chattels have been seized in execution by the sheriff, deputy sheriff, [other]
a police officer[, or other person authorized by the rules of court],
or an independent civil process server from the department of public
safety's list under section 353C- under process of any
court, and some third person claims to be entitled under a bill of sale,
chattel mortgage, or otherwise, to the goods and chattels by way of security
for a debt, the court or a judge may order a sale of the whole or part thereof,
upon such terms as to the payment of the whole or part of the secured debt or
otherwise as it or the judge shall think fit; and may direct the application of
the proceeds of sale in such manner and upon such terms as to the court or
judge may seem just."
SECTION 10. Section 634-22, Hawaii Revised Statutes, is amended to read as follows:
"§634-22 Return. In all cases where any process or order
of a court is served by any officer of the court or of the police force or the
sheriff, deputy sheriff, an independent civil process server from the
department of public safety's list under section 353C- ,
or any investigator appointed and commissioned by the director of commerce and
consumer affairs pursuant to section 26-9(j), a record thereof shall be
endorsed upon the back of the process, complaint, order, or citation. The record shall state the name of the person
served and the time and place of service and shall be signed by the sheriff,
deputy sheriff, police officer, independent civil process server, or investigator
making the service. If the [officer]
sheriff, deputy sheriff, police officer, independent civil service process
server, or investigator fails to make service, the [officer,]
sheriff, deputy sheriff, police officer, independent civil process server,
or investigator in like manner, shall endorse the reason for the [officer's]
sheriff, deputy sheriff, police officer, independent civil process server,
or investigator's failure and sign this record. When service is made by a person specially
appointed by the court, or [a person authorized by the rules of court, the
person] an independent civil process server, that person shall make declaration
or affidavit of that service.
The record [or the], declaration,
or affidavit shall be prima facie evidence of all it contains, and no
further proof thereof shall be required unless either party desires to examine
the sheriff, deputy sheriff, police officer [or person],
independent civil process server, or investigator making service, in which
case the sheriff, deputy sheriff, police officer [or person],
independent civil process server, or investigator shall be notified to
appear for examination."
SECTION 11. Section 634-29, Hawaii Revised Statutes, is amended to read as follows:
"§634-29 In case of attachment, etc., of real property. In all cases of attachment, sequestration, or injunction of real property, the sheriff, deputy sheriff, police officer, or independent civil process server from the department of public safety's list under section 353C- serving the writ shall, in addition to personal delivery of a copy thereof to the defendant, post upon the premises a copy of the process, and a notice of the day and hour when attached, sequestrated, or enjoined, and shall also give notice thereof in a newspaper or newspapers suitable for the advertisement of judicial proceedings. But in all cases where a writ of attachment is issued in accordance with chapter 651 relating to attachments, and the defendant in attachment was never a resident of the State or has departed from the State or secretes oneself so that the writ of attachment cannot be personally served upon the defendant, personal service of the writ upon the defendant may be dispensed with. All after-leases, mortgages, sales, devises, assignments, trusts, or other conveyances of the property, until the dissolution of the process, shall be void in law as against the plaintiff in such cases."
SECTION 12. Section 651-1, Hawaii Revised Statutes, is amended to read as follows:
"§651-1 General provisions. (a) This chapter shall apply to circuit and
district courts. A judge of any court of
record may make any order at chambers which may by the provisions of this
chapter be made by the court in term time.
When the proceedings are before a district judge, the judge shall be
regarded as the clerk of the court for all purposes contemplated herein. The phrase "police officer", as
used in this chapter, means the director of public safety or the director's
duly authorized representative, any chief of police or subordinate police
officer, or [a person authorized by the rules of court.] an
independent civil process server on the list maintained by the department of
public safety pursuant to section 353C- . Nothing in this chapter shall be construed to
permit a district judge to issue a writ of attachment to be served out of the
circuit in which the judge's court is situated, or to permit an attachment of
real estate, or any interest therein, under a writ issued by a district court
judge.
(b) The department of public safety,
the State, and the agencies, officers, and employees of the department of
public safety or the State shall not be responsible or liable for the actions
of any independent civil process servers on the list maintained by the
department of public safety pursuant to section 353C- . The maintenance of the list pursuant to
section 353C- shall not create a private cause of action
against the department of public safety, the State, or the agencies, officers,
and employees of the department of public safety or the State.
(c) Nothing in this chapter shall be construed to make an independent civil process server a law enforcement officer, sheriff, or deputy sheriff, or an employee or agent of the department of public safety or the State."
SECTION 13.
Section 652-1.5, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:
"(a) Except as provided in subsection (e), any
creditor desiring to secure a garnishment process before judgment shall attach
the creditor's petition for process, summons, and direction to the following
documents:
(1) An application, directed to the court to which such action is made returnable, for garnishee process to issue under section 652-1(a);
(2) An affidavit sworn to by the creditor or some competent affiant setting forth a statement of facts sufficient to show that probable validity exists to sustain the validity of the creditor's claim;
(3) An order that a hearing be held before the court or a judge thereof to determine whether or not the garnishee process should be granted and that notice of such hearing be given to the defendant debtor; and
(4) A summons directed
to [a proper officer] the sheriff, deputy sheriff, a police officer,
or an independent civil process server from the department of public safety's
list under section 353C- commanding the [officer] sheriff,
deputy sheriff, police officer, or independent civil process server to
serve upon the debtor at least four days prior to the date of the hearing,
pursuant to chapter 634, the application, a true and attested copy of the
petition, summons, and direction, the affidavit, and the order and notice of
hearing."
SECTION 14. Section 652-2, Hawaii Revised Statutes, is amended to read as follows:
"§652-2 Garnishee, rights, duties; collection by [levying
officer.] sheriff, deputy sheriff, police officer, or independent
civil process server. The
garnishee shall, when summoned before judgment rendered against [his] the
garnishee's principal, if [he] the garnishee desires, be
admitted to defend [his] the garnishee's principal in the action.
If judgment is rendered in favor of
the plaintiff, and likewise in all cases in which the garnishee is summoned
after judgment, the garnishee fund, or such part thereof as may be sufficient
for that purpose, shall be liable to pay the same. The plaintiff on praying out execution shall
be entitled to have included in the execution an order directing the [officer]
sheriff, deputy sheriff, police officer, or independent civil process server
from the department of public safety's list under section
353C- serving the same to make demand of the garnishee
for the goods and effects of the defendant secured in [his] the
garnishee's hands, whose duty it will be to expose the same to be taken on
execution, and also to make demand of the garnishee for the debt or wages secured
in [his] the garnishee's hands or the moneys held by [him]
the garnishee for safekeeping, or such part thereof as may satisfy the
judgment. It shall be the duty of the
garnishee to pay the same. If the
garnishee has in any manner disposed of the goods and effects or does not
expose and subject the same to be taken on execution, or if the garnishee does
not pay to the [officer,] sheriff, deputy sheriff, police officer, or
independent civil process server when demanded, the debt or wages or moneys
held for safekeeping, the garnishee shall be liable to satisfy the judgment out
of [his] the garnishee's own estate, as [his] the
garnishee's own proper debt, if the goods or effects or debt or wages or
moneys held for safekeeping, be of sufficient value or amount and, if not, then
to the value of the same; provided that every garnishee, whether summoned
before or after judgment, shall be allowed to retain or deduct from the goods,
effects, and credits of the defendant in [his] the garnishee's
hands at the time of service all demands against the defendant of which [he]
the garnishee could have availed [himself] the garnishee's self
if [he] the garnishee had not been [garnisheed,] garnished,
whether the same are at the time due or not, and whether by setoff on a trial
or by setoff of judgments or executions between [himself] the
garnishee and the defendant, and shall be liable only for the balance after
adjustment of all mutual demands between [himself] the garnishee
and the defendant; provided that in such adjustment no demands for unliquidated
damages for wrongs or injuries shall be included, and that the judgment shall
show the amount of any setoff.
No garnishee shall be liable to anyone for the nonpayment of any sum or for the nondelivery of any goods or effects when the garnishee in good faith believes, or has reason to believe, that garnishment or other process affects the same, though such be not the case, but this paragraph shall not supersede section 652-9 where the same are applicable."
SECTION 15. Section 652-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§652-2.5 Service on garnishee. Service of the copy upon the garnishee may be made in any of the manners here described, namely:
(1) If the garnishee
lives or has an office in the district in which process is issued, by the [serving
officer's] sheriff, deputy sheriff, police officer, or independent civil
process server from the department of public safety's list under section
353C- handing a copy to the garnishee in person or leaving
it in the garnishee's office in charge of some deputy or clerk or other
employees or attache of the office; or
(2) If the garnishee
lives in a district other than that in which the process was issued, by the [serving
officer's] sheriff, deputy sheriff, police officer, or independent civil
process server handing a copy to the garnishee in person, or by mailing it
in a sealed envelope, registered or certified, postage prepaid, return receipt
requested, and addressed to the garnishee's last known home or business
address."
SECTION 16. Section 652-2.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In case of service upon the garnishee, the [serving
officer's] certificate of service or, if by mail, a copy of the return
receipt provided by the sheriff, deputy sheriff, police officer, or
independent civil process server from the department of public safety's list
under section 353C- shall be prima facie proof of the
service."
SECTION 17. Section 654-2, Hawaii Revised Statutes, is amended to read as follows:
"§654‑2 Bond.
When the plaintiff desires the immediate delivery of the property, the
plaintiff shall execute a bond to the defendant in possession of the property,
and to all persons having an interest in the property, of such amount and with
such sureties as are approved by the court, conditioned that the plaintiff will
prosecute the plaintiff's action to judgment without delay, and deliver the
property to the defendant in possession or any other person, if such delivery
is adjudged, and pay all costs and damages that may be adjudged against the
plaintiff. Upon the filing of the
verified complaint or affidavit with the bond and a motion for immediate
consideration of the matter, the court shall forthwith inquire into the matter,
ex parte or otherwise, as in its discretion it determines. If thereupon the court finds that a prima facie
claim for relief has been established, it shall issue an order directed to the
sheriff, [or the] sheriff's deputy, [or the] chief of police, [or]
an authorized police officer of any county[, or a person authorized by the
rules of court], or an independent civil process server from the
department of public safety's list under section 353C- to
take the property therein described and deliver the same to the plaintiff.
Copies of the verified complaint or affidavit, and, if a bond for immediate seizure has been filed, of the bond, and, if an order for the taking has been issued on an ex parte hearing, of the order, shall forthwith be served upon the defendant in possession and each person having or claiming a possessory interest in the property, in the same manner as is provided for service of summons unless the party to be served has appeared in the action, in which case service may be made in the same manner as is provided for service of papers other than the summons. In a proper case, either before or after issuance of an order for the taking, the required service may be combined with the publication of the summons, in which event the giving of notice of the substance of the proceeding shall be sufficient.
Upon the application of any party, the proceeding shall be advanced and assigned for hearing at the earliest possible date."
SECTION 18. Section 666-11, Hawaii Revised Statutes, is amended to read as follows:
"§666-11 Judgment; writ of possession. If it is proved to the satisfaction of the court
that the plaintiff is entitled to the possession of the premises, the plaintiff
shall have judgment for possession, and for the plaintiff's costs. Execution shall issue accordingly. The writ of possession shall issue to the
sheriff, deputy sheriff, police officer[, or other person authorized by the
rules of court of the circuit where the premises are situated], or
independent civil process server from the department of public safety's list
under section 353C- , commanding the sheriff, deputy
sheriff, police officer[, or other person authorized by the rules of court],
or independent civil process server to remove all persons from the
premises, and to put the plaintiff, or the plaintiff's agent, into the full
possession thereof."
SECTION 19.
Section 666-21, Hawaii Revised Statutes, is amended by amending
subsection (b) to read as follows:
"(b)
If the tenant is unable to comply with the court's order under
subsection (a) in paying the required amount of rent to the court, the landlord
shall have judgment for possession and execution shall issue accordingly. The writ of possession shall issue to the
sheriff, deputy sheriff, police officer[, or other person authorized by the
rules of court of the circuit where the premises are situated], or
independent civil process server from the department of public safety's list
under section 353C- , ordering the sheriff, deputy
sheriff, police officer[, or other person authorized by the rules of court],
or independent civil process server to remove all persons and possessions
from the premises, and to put the landlord, or the landlord's agent, into full
possession of the premises."
SECTION 20. Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:
"(3) As used in this section, "process
server" means any person authorized under the Hawaii rules of civil
procedure, district court rules of civil procedure, Hawaii family court rules,
or section [353C-10] 353C- to serve process."
SECTION 21. Section 708-814, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Subsection (1) shall not apply to a process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform the process server's legal duties and to serve process upon any of the following:
(a) An owner or occupant of the land or premises;
(b) An agent of the owner or occupant of the land or premises; or
(c) A lessee of the land or premises.
For
the purposes of this subsection, "process server" means any person
authorized under the Hawaii rules of civil procedure, district court rules of
civil procedure, Hawaii family court rules, or section [353C-10] 353C-
to serve process."
SECTION 22. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 23. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Service of Process; List of Independent Civil Process Servers; Department of Public Safety
Description:
Reinstates provisions, repealed on June 30, 2020, relating to service of process and requiring the director public safety to maintain a list of independent civil process servers. Authorizes the use of policer officers and independent civil process servers to process orders and writs for certain causes of action.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.