§580-2  Commencement of action; summons. 
An action for annulment, divorce, or separation is commenced by filing a
complaint with the court, which complaint shall be signed and sworn to by the
applicant and shall set forth sufficient facts to constitute a claim for
relief.  Upon the filing of the complaint, the clerk shall forthwith issue a
summons and deliver it for service to a person authorized to serve process in
civil actions.  The summons shall be signed by the clerk, be under the seal of
the court, contain the name of the court and the names of the parties, be
directed to the defendant, state the name and address of the plaintiff's
attorney, if any, otherwise the plaintiff's address, and the time within which
the defendant is required to appear and defend which shall not be less than
twenty days after the service of the summons and complaint upon the defendant,
and shall notify the defendant that in case of the defendant's failure to
appear and defend as required, further proceedings may be taken including
judgment for the relief demanded in the complaint without further notice to the
defendant.  Alternative complaints for annulment, divorce, or separation may be
set forth or combined in one complaint. [L 1870, c 16, §3; am L 1878, c 26, §2;
am L 1903, c 22, §5; am L 1905, c 19, §1; am L 1907, c 72, §1 and c 109, §1; am
L 1909, c 25, §2; am L 1919, c 168, §1; RL 1925, §2967; RL 1935, §4462; RL
1945, §12212; am L 1953, c 221, §1; RL 1955, §324-22; am L 1963, c 85, §3; am L
1965, c 88, §1; am L 1966, c 22, §2; HRS §580-2; gen ch 1985]



 



Rules of Court



 



  Commencement of action, see HFCR rule 3.



  Summons, see HFCR rule 4.



 



Case Notes



 



  Except under certain circumstances amended libel should be
served within reasonable time.  9 H. 405.  Service of amended pleading if
amendment made in open court before opposing counsel may be waived.  Id.



  Insane person may file for divorce through guardian.  9 H.
475.



  Great particularity not required in prayer for alimony.  14
H. 152.



  When decree vacated because thirty days has not elapsed,
court should re-try the case after such lapse, upon evidence then adduced.  23
H. 451, 456.



  Setting decree aside. 34 H. 675.



  Discontinuance, right.  41 H. 481.



  Cited:  3 H. 300, 301; 17 H. 463, 464; 20 H. 633, 637; 24 H.
29, 34.