Hawaii State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
Instant download

Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

The plaintiff or the plaintiff's attorney may serve the defendant personally, or by certified, registered, or express mail, postage prepaid, with a return receipt requested, or by sending the summons to the defendant by certified, registered, or express mail, postage prepaid, with a return receipt requested.

A subpoena may be served at any place within the State. A subpoena may be served: (1) anywhere in the State by the sheriff or deputy sheriff or by any other person who is not a party and is not less than 18 years of age; or (2) in any county by the chief of police or a duly authorized subordinate.

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor. (e) Motion to reconsider, alter or amend a judgment or order.

HFCR rule 68 authorizes the family court to award attorney's fees and costs in certain types of cases to a party that extends a settlement offer if the offer is not accepted and the final judgment in its entirety is patently not more favorable to the offeree than the settlement offer.

Notice of the issuance and service of a subpoena shall be served on all parties to the action. (d) Subpoena for taking depositions; place of examination.

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Hawaii State Court Summons or Service of Process