§580-3  Service.  (a)  The complaint for
annulment, divorce, or separation, and the summons shall be served by an
authorized process server on the defendant personally if the defendant is
within the State, unless the defendant enters an appearance in the case, and
except as hereinafter otherwise provided.



(b)  If service by an authorized process server
is not feasible or is inconvenient or if the defendant is without the State,
the court may authorize the service to be made by any other responsible person,
or the court may authorize notice of the pendency of the action and of a time
and place of hearing, which shall be not less than twenty days after the giving
of personal notice, to be given to the defendant personally by such person and
in such manner as the court shall designate and the case may be heard and
determined at or after the time specified in the notice.



(c)  If the defendant is without the circuit,
the court may authorize service by registered or certified mail, with request
for a return receipt and direction to deliver to addressee only.  The return
receipt signed by the defendant shall be prima facie evidence that the
defendant accepted delivery of the complaint and summons on the date set forth
on the receipt.  Actual receipt by the defendant of the complaint and summons
sent by registered or certified mail shall be equivalent to personal service on
the defendant by an authorized process server as of the date of the receipt.



(d)  If it appears that the defendant has
refused to accept service by mail, or is concealing oneself, or evading
service, or that plaintiff does not know the address or residence of the
defendant and has not been able to ascertain the same after reasonable and due
inquiry and search for at least fifteen days either before or after the filing
of the complaint, the court may authorize notice of the pendency of the action
and of a time and place of hearing, which shall not be less than twenty days
after the last publication of the published notice, to be given to the defendant
by publication thereof at least once in each of three successive weeks in a
newspaper suitable for the advertisement of notices of judicial proceedings,
published in the State, and the case may be heard and determined at or after
the time specified in the notice.



(e)  If the plaintiff, as a result of
impoverishment, is unable to publish notice as required by subsection (d), the
plaintiff shall file an affidavit attesting to impoverishment and to the fact
that after due and diligent search, the whereabouts of the individual sought to
be served are unknown.  Upon those filings, the court shall order that service
be made by forwarding a certified copy of the pleadings and process to the
individual at the last known address by registered or certified mail, with a
return receipt requested and a directive to deliver to addressee only, sending
a certified copy of the pleadings and process to the defendant's closest known
relative, if any can be found, and by posting a copy of the pleadings and
process at the courthouse in which the pleadings and process has been filed. 
Service shall be completed thirty days after mailing.  The plaintiff shall
attest to the fact of the mailing and the date thereof by affidavit, attaching
the sender's receipt for that mail and, if available, the return receipt and
envelope. [L 1870, c 16, §4; am L 1903, c 22, §6; am L 1907, c 109, §2; am L
1919, c 43, §2; RL 1925, §2968; am L 1925, c 121, §1; RL 1935, §4463; am L
1941, c 217, §1; RL 1945, §12213; am L 1953, c 199, §1; RL 1955, §324-23; am L
1957, c 177, §1; am L 1966, c 22, §3; am L 1967, c 60, pt of §1; HRS §580-3;
gen ch 1985; am L 2000, c 190, §1]



 



Case Notes



 



  Publication prior to April 26, 1903.  14 H. 498.



  Service by publication strictly construed, and when
publication required to be made in certain newspapers cannot be made in
others.  14 H. 596.



  Libellee without Territory should be notified when to
appear.  17 H. 463.



  Decree void where jurisdiction of libellee not acquired.  20
H. 623.



  No jurisdiction to hear case until thirty days after
completion of service, or after appearance without service.  20 H. 633.



  Proceeding being in rem, under certain circumstances, decree
may issue although court never acquired actual jurisdiction of defendant.  24
H. 239.



  Under the record, plaintiff failed to make reasonable and due
inquiry, and service by publication was unauthorized.  55 H. 34, 514 P.2d 865.



  Requirements for court to acquire in rem jurisdiction.  7 H.
App. 102, 747 P.2d 1281.



  Cited:  3 H. 300, 301; 8 H. 478, 490.