Bill Text: HI HB1415 | 2014 | Regular Session | Amended
Bill Title: Civil Actions; Service by Publication; Newspapers; Websites
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-04 - Recommitted to JUD with none voting no and Representative(s) Wooley excused. [HB1415 Detail]
Download: Hawaii-2014-HB1415-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1415 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO SERVICE BY PUBLICATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the manner by which a summons is published within this State for civil actions should be consistent with how notices are published as required by other provisions of the Hawaii Revised Statutes.
The purpose of this Act is to specify the manner by which a summons is published for civil actions within this State.
SECTION 2. Chapter 634, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§634- Service by publication. (a) When service of a summons is required by law, court rule, or court order, and service of the summons on a defendant by personal delivery or by certified, registered, or express mail is not successful despite a reasonable attempt, and if the facts shall appear by affidavit, declaration, or otherwise to the satisfaction of the court, the court may order that service of the summons be made by publication:
(1) In a newspaper published in the State and having a general circulation in the circuit in which the action has been filed. The summons shall be published once each week for three consecutive weeks, which shall constitute three publications. The third publication shall be at least twenty-one days before the return date stated in the summons; or
(2) On a state website at the discretion of the agency that maintains the website, in a manner and for such time as the court may order, but at least twenty-one days before the return date stated in the summons; provided that the summons shall also be published at least once in a newspaper described in paragraph (1) at least twenty-one days before the return date.
(b) As used in this section, "general circulation" refers to a newspaper that:
(1) Contains news of a general nature; and
(2) Is distributed within the circuit in which the action has been filed:
(A) At least weekly;
(B) For a minimum of one year unless interrupted by strike, natural disaster, or act of war or terror; and
(C) To a minimum of three per cent of the residents of the circuit, as determined by the last decennial United States census and as verified by an independent audit."
SECTION 3. Section 634-36, Hawaii Revised Statutes, is amended to read as follows:
"§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.]"
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Civil Actions; Service by Publication; Newspapers; Websites
Description:
Specifies the method of service of process for all civil cases under chapter 634, Hawaii Revised Statutes, when personal service is unsuccessful, to include publication in a newspaper of general circulation three times or publication in a newspaper of general circulation once followed by publication on a state website. (HB1415 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
