Bill Text: HI SB758 | 2016 | Regular Session | Amended

Hawaii Senate Bill 758 (Prior Session Legislation)

Bill Title: Civil Actions; Service of Process; Service by Publication; Newspaper; Website

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB758 Detail]

Download: Hawaii-2016-SB758-Amended.html

THE SENATE	S.B. NO.	758
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 2
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 legal summons are published within the State for civil actions should be consistent with how notices are published as required by other provisions of the Hawaii Revised Statutes.

Accordingly, the purpose of this Act is to specify the manner by which legal summons are published for civil actions within the 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 made at least twenty-one days before the return date stated in the summons; or

(2) On the website of the department of the attorney general, 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" means 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; and

(B) For a minimum of one year, excluding periods of interruption due to a strike, natural disaster, or act of war or terror, as of the date of first publication of the notice."

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 on July 1, 2020.

Report Title:

Civil Actions; Service of Process; Service by Publication; Newspaper; Website

Description:

Specifies that the method of service of process for all civil cases under chapter 634, Hawaii Revised Statutes, when personal service is unsuccessful, shall include publication in a newspaper of general circulation three times or publication on the website of the department of the attorney general together with publication in a newspaper of general circulation at least once. Defines general circulation. Effective July 1, 2020. (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.