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THE SENATE |
S.B. NO. |
2810 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SERVICE BY PUBLICATION IN PATERNITY CASES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 584-8, Hawaii Revised Statutes, is amended by amending subsections (b) to (d) to read as follows:
"(b) A
person who has sexual intercourse in this State thereby submits to the
jurisdiction of the courts of this State as to an action brought under this
chapter with respect to a child who may have been conceived by that act of
intercourse. In addition to any other method provided by statute, personal
jurisdiction may be acquired by personal service outside this State [or], by service by certified or registered mail,
postage prepaid, with return receipt requested[.], or by publication
as provided for in subsection (c).
(c) In addition to any other method of service provided by statute or court rule, if the defendant is not found within the circuit, service may be effectuated by registered or certified mail, with request for a return receipt and direction to deliver to addressee only. The return receipt signed by the defendant shall be prima facie evidence that the defendant accepted delivery of the complaint and summons on the date set forth on the receipt. Actual receipt by the defendant of the complaint and summons sent by registered or certified mail shall be the equivalent to personal service on the defendant by an authorized process server as of the date of the receipt. If it appears that the defendant has refused to accept service by registered or certified mail or is concealing oneself or evading service, or the plaintiff does not know the address or residence of the defendant and has not been able to ascertain the same after reasonable and due inquiry and search, the court may authorize notice of the paternity action and the time and date of hearing by publication. When publication is authorized, the summons shall be published once a week for four consecutive weeks in a publication of general circulation in the circuit. The publication of general circulation shall be designated by the court in the order for publication of the summons. Notice by publication shall have the same force and effect as the person having 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 in the summons.
(d) The action may be brought in the county in
which the child, the mother, or the alleged father resides or is found or in
which the child was born or, if the father is deceased, in which proceedings
for probate of [[]the father's[]] estate have been or could be
commenced."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 7, 2059.
Report Title:
Service by Publication in Paternity Cases
Description:
Amends the Uniform Parentage Act to allow for service by publication when defendants cannot be located or personally served. Takes effect on 1/7/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.