§634-36  Manner of service under sections
634-33 to 35.  When service of summons is provided for by section 634-33,
634-34, or 634-35, service shall be made by service upon the defendant
personally by any person authorized to serve process in the place in which the
defendant may be found or appointed by the court for the purpose, or sent by
certified, registered, or express mail, postage prepaid, with return receipt
requested, by the plaintiff or the plaintiff's attorney to the defendant.  The
plaintiff or the plaintiff's attorney shall file the return of the serving
officer or an affidavit showing that the copy of summons and complaint were
served as aforesaid or sent by certified, registered, or express mail as
aforesaid, and in the latter case the return receipt signed by the defendant
shall be filed with the affidavit.  The service shall be complete upon delivery
of the required papers to the defendant outside the State, personally or by
mail as provided.



If the defendant cannot be found to serve or
mail the summons and the facts shall appear by affidavit or otherwise to the
satisfaction of the court, it may order that service be made by publication of
summons in at least one newspaper published in the State and having a general
circulation in the circuit in which the action has been instituted, in such
manner and for such time as the court may order, but not less than once each
week in four successive weeks, the last publication to be not less than
twenty-one days prior to the return date stated therein unless a different time
is prescribed by order of the court. [L 1972, c 89, §2A(o); HRS §634-72; ren
HRS §634-36; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §4;
am L 1985, c 68, §29; am L 1987, c 283, §62; am L 1990, c 29, §1]



 



Case Notes



 



Prior law.



  Effectuating service; effect of avoiding actual service by
refusing registered letter.  290 F. Supp. 848.



  "Return receipt" means receipt containing signature
of nonresident defendant; service of summons by publication does not violate due
process.  50 H. 484, 443 P.2d 155.



  Section 657-18 did not apply to toll the no-fault statute of
limitations where a nonresident motorist defendant was at all times subject to
the jurisdiction of Hawaii's courts and amenable to service of process under its
long-arm statutes as set forth in §634-33 and this section.  89 H. 1, 967 P.2d
1059.



  Defendant, who was a citizen and resident of Japan, was
amenable to service by publication pursuant to this section where defendant's
address was unknown, and such service would not have been pre-empted by the
Hague Convention.  99 H. 488, 57 P.3d 413.