§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 or the sheriff's deputies 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 officer making the service.  If the officer fails to make service
the officer, in like manner, shall endorse the reason for the officer's failure
and sign this record.  When service is made by a person specially appointed by
the court, or a person authorized by rules of court, the person shall make
affidavit of that service.



The record or the 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 officer or person making
service, in which case the officer or person shall be notified to appear for
examination. [L 1888, c 57; RL 1925, §2342; RL 1935, §4078; RL 1945, §10060; RL
1955, §230-30; am L 1963, c 85, §3; HRS §634-58; am L 1972, c 89, §2A(e); ren
HRS §634-22; gen ch 1985; am L 1989, c 123, §3 and c 211, §10; am L 1990, c
281, §11; am L 1993, c 173, §3; am L 1994, c 9, §2]



 



Cross References



 



  Sheriff, etc., see §26-14.6.



 



Rules of Court



 



  As to circuit courts, see HRCP rule 4(g), (h); as to district
courts, see DCRCP rule 4(g), (h).



  As to family courts, see HFCR rule 4.



  Probate proceedings, see HPR rule 8.



 



Case Notes



 



  Officers who may serve.  15 H. 486.  Conflicting interests of
serving officers.  40 H. 279.



  Record sufficient evidence.  16 H. 427.  Return not
invalidated by failure to show that it was made as required by statute. 
Presumption of validity in absence of contrary showing.  19 H. 494.  Return is
prima facie evidence of all it contains.  48 H. 306, 402 P.2d 440.