ยง668-5 - Summons, service.
ยง668-5ย Summons, service.ย The summons
shall be directed to all persons named in the complaint or joined as provided
by the rules of court, and may be directed generally to all persons unknown
having or claiming to have any interest in the premises described in the
complaint, subject to section 668-8.5.ย Unknown persons and any known persons
who do not reside within the State or cannot for any reason be served with
process within the State, shall have notice of the action as provided by
sections 634-23, 634-24, and 634-26.ย If the summons has been directed
generally to all persons unknown as above provided, and if service has been
made upon persons known and unknown as required, the court shall have
jurisdiction to proceed as though all persons interested in the premises were
in being and personally served, but any adjudication shall, as regards a
defendant served as provided by sections 634-23, 634-24, and 634-26, affect
only the property which is the subject of the action except as provided by
section 634-23. [L 1923, c 178, ยง5; RL 1925, ยง2765; RL 1935, ยง4744; RL 1945,
ยง12454; RL 1955, ยง337-5; HRS ยง668-5; am L 1972, c 90, ยง11(e)]
Cross References
ย Publication of summons, how made, see ยง601-13.
ย Guardians ad litem, see ยง551-2.
Rules of Court
ย Summons, service, see HRCP rule 4.ย Unidentified defendants,
see HRCP rule 17(d).
Case Notes
ย Guardian ad litem.ย 34 H. 854; 35 H. 262.