§587-33  Service of summons.  (a) 
Service of summons shall be made personally by delivery of a certified copy
thereof to the person or legal entity summoned; provided that if the party to
be served resides outside of the State of Hawaii, service shall be made by
registered or certified mail addressed to the last known address or if the
court is satisfied that it is impracticable to serve personally the summons
provided for in the preceding section, the court may order service by
registered or certified mail addressed to the last known address, or by
publication thereof, or both.  Service shall be effected at least twenty-four
hours prior to the time fixed in the summons for a temporary foster custody
hearing or at least forty-eight hours prior to the time fixed in the summons
for any other hearing under this chapter, unless the party otherwise was
ordered by the court to appear at the hearing.  Personal service of summons
required under this chapter shall be made by the sheriff or other authorized
person and a return must be made on the summons showing to whom, the date, and
time service was made.



(b)  Where the summons cannot be personally
served, or where a person served fails to obey the summons, or in any case when
it shall be made to appear to the court that the service will be ineffectual,
or that the best interests of the child require that the child be brought
forthwith into the custody of the court, the court may issue a warrant for such
person or child, as well as issuing an order pursuant to section 587-34(d).



(c)  When publication is used, the summons
shall be published once a week for four consecutive weeks in a newspaper of
general circulation in the county.  The newspaper shall be designated by the
court in the order for publication of the summons, and such publication shall
have the same force and effect as though such person had been personally served
with the summons; provided that the date of the last publication shall be set
not less than twenty-one days prior to the return date stated therein. [L 1983,
c 171, pt of §1; am L 1986, c 316, §15; am L 1989, c 211, §10; am L 1990, c
281, §11; am L 1992, c 190, §15; am L 1999, c 153, §2]



 



Revision Note



 



  In subsection (b), "587-34(d)" substituted for
"587-34d(c)".



 



Cross References



 



  Sheriff, etc., see §26-14.6.



 



Rules of Court



 



  Service, see HFCR rules 4, 5.