Bill Text: HI SB645 | 2017 | Regular Session | Introduced
Bill Title: Relating To Service Of Process.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-02-28 - The committee on JDL deferred the measure. [SB645 Detail]
Download: Hawaii-2017-SB645-Introduced.html
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THE SENATE |
S.B. NO. |
645 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to service of process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-23, Hawaii Revised Statutes, is amended to read as follows:
"§571-23 Summons; notice; custody of minor. (a) After a petition under section 571-11(1) or (2) is filed in the interest of a minor, and after such investigation as the court may direct, the court shall issue a summons, unless the parties hereinafter named promise in writing to appear voluntarily, requiring the person or persons who have the custody or control of the minor to appear personally and bring the minor before the court at a time and place stated. If the person so summoned is not the parent or guardian of the minor, then the parent or guardian or both shall also be notified, by personal service before the hearing except as herein provided, of the pendency of the case and of the time and place appointed. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary. If it appears that the minor is in such condition or surroundings that the minor's welfare requires taking the minor into custody, the judge may order, by endorsement upon the summons, or otherwise, that the person serving the summons shall take the minor into custody at once. A parent or guardian is entitled to the issuance of compulsory process for the attendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor.
(b) Service of summons shall be made personally by the delivery of a copy thereof, together with a copy of the petition, to the person summoned, except that if the judge is satisfied that personal service of the summons or the notice provided for in the preceding paragraph is impracticable, the judge may order service by certified or registered mail addressed to the last known address, or by publication, or both. Service effected not less than forty-eight hours before the time fixed in the summons for the return thereof shall be sufficient to confer jurisdiction, provided that jurisdiction shall be conferred if any person who might be so summoned appears voluntarily at the time and place appointed and waives such service and such notice.
(c) If it appears that the person to be summoned has refused to accept service by registered or certified mail or is concealing oneself or evading service, or the court does not know the address or residence of the respondent and has not been able to ascertain the same after reasonable and due inquiry and search, the court may authorize service of summons and the time and date of appearance by publication or by any other manner that is reasonably calculated to give the party actual notice of proceedings and an opportunity to be heard, including the following:
(1) 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 such 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; or
(2) Via electronic means, such as electronic mail or posting to a social networking account or online publication website.
(d) Service of summons, process, or notice required by this chapter may be made by any suitable person under the direction of the court and upon request of the court shall be made by any police officer. The judge may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing of a case coming within the purview of this chapter. Section 621-7 shall apply to persons summoned under this section other than a parent, guardian, or other legal custodian of the child concerned."
SECTION 2. Section 576E-4, Hawaii Revised Statutes, is amended to read as follows:
"§576E-4 Service. (a) In any proceeding to establish a child support order, in cases where the agency is not yet enforcing an order of support for the subject child, service of the notice provided in section 576E-5 shall be by personal service or certified mail, return receipt requested. In the case where the person to be served cannot be found, service shall be completed by leaving copies of the notice at the person's usual place of residence with some person of suitable age and discretion residing at that location. After initial service is effected, additional service upon a party shall be satisfied by regular mail to the party's last known address.
(b) Service of the notice of hearing pursuant to the request for hearing under section 576E-6 of a party shall be satisfied by regular mail to the party's address provided with the request for hearing, or if not provided, to the party's last known address.
(c) In any proceeding under this chapter, if the person to be served has no known address, the court may authorize notice of the proceeding and the time and date of hearing by publication or by any other manner that is reasonably calculated to give the party actual notice of proceedings and an opportunity to be heard, including the following:
(1) 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 such 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; or
(2) Via electronic means, such as electronic mail or posting to a social networking account or online publication website.
Nothing in this subsection shall limit the rights of impoverished persons under section 601-13.
[(c)] (d) In any child support
enforcement proceeding subsequent to an order already being enforced by the
agency, upon a showing that diligent effort has been made to ascertain the
location of a party, notice and service of process shall be presumed to be
satisfied upon delivery of written notice to the most recent residential or
employer address on file with the state case registry pursuant to section 571-52.6."
SECTION 3. Section 580-3, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) If it appears that the defendant has
refused to accept service by mail, or is concealing oneself, or evading
service, or that 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 [for at least fifteen days either before or after the
filing of the complaint], the court may authorize notice of the pendency of
the action and of a time and place of hearing[, which shall not be less than
twenty days after the last publication of the published notice, to be given to
the defendant by publication thereof at least once in each of three successive
weeks in a newspaper suitable for the advertisement of notices of judicial
proceedings, published in the State, and the case may be heard and determined
at or after the time specified in the notice.] by publication or by any other manner that is reasonably calculated to
give the defendant actual notice of proceedings and an opportunity to be heard,
including the following:
(1) 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 such 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; or
(2) Via electronic means, such as electronic mail or posting to a social networking account or online publication website.
Nothing in this subsection shall limit the rights of impoverished persons under subsection (e) and section 601-13."
SECTION 4. Section 583A-108, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notice required for the exercise of
jurisdiction when a person is outside this State may be given in a manner
prescribed by the law of this State for service of process or by the law of the
state in which the service is made. Notice must be given in a manner
reasonably calculated to give actual notice but may be by publication, by
posting to an online publication website, by electronic mail or posting to a
social networking account, or by posting to a public bulletin board if
other means are not effective[.]; provided that:
(1) 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 or area in which the person is reasonably likely to reside. 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 such 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; or
(2) Via electronic means, such as electronic mail or posting to a social networking account or online publication website.
Nothing in this subsection shall limit the rights of impoverished persons under section 601-13."
SECTION 5. Section 583A-309, Hawaii Revised Statutes, is amended to read as follows:
"[[]§583A-309[]] Service
of petition and order. Except as otherwise provided in section 583A-311,
the petition and order must be served, by any method authorized by the law of
this State, upon respondent and any person who has physical custody of the
child. If other methods of service are not effective, the court may
authorize service by publication, by posting to an online publication website,
by electronic mail or posting to a social networking account, or by posting to
a public bulletin board, as provided in section 583A-108(a). Nothing in this
section shall limit the rights of impoverished persons under section 601-13."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Service of Process; Notice; Family Courts
Description:
Amends sections of title 31, Hawaii Revised Statutes, including the Administrative Process for Child Support Enforcement and the Uniform Child-Custody Jurisdiction and Enforcement Act, to allow for service by publication or by any other manner that is reasonably calculated to give the party actual notice of proceedings and an opportunity to be heard when respondents cannot be located or personally served in all family court proceedings.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
