WHAT DO PROCESS SERVERS IN HAWAII DO?

This article will provide guidance on What Do Process Servers in Hawaii Do? When employing a process server for the first time, it is natural to have some reservations. However, if you are stuck in a complicated process service situation, you cannot go wrong by selecting Undisputed Legal as a firm. 

A person being served has a constitutional right to be informed. This also applies when a defendant in Hawaii is served with a summons or similar civil process serving the document on behalf of a plaintiff. Now is the time for the plaintiff to choose a reliable process server to deliver the necessary paperwork to the defendant. The defendants will be notified that they have been served via the legal messenger system known as process serving. That duty has often fallen to the sheriffs of the respective towns. It is highly improbable to assume the same level of accountability from a sheriff as a private process server.   Due to other pressing aspects of their hob, the police force often puts the service of legal documents in the background in favor of more urgent problems. The best course of action is to engage process servers to ensure the timely delivery of the legal documents.

BACKGROUND

The Hawaii civil citation or summons may need prompt attention.   The attorney or a party may be served by handing them a copy, by sending it to their last known address, or if no address is listed, by leaving it with the clerk of court. If the attorney or party is unavailable, the copy may be left at the office of the attorney or party with a clerk or other person in charge thereof, or if no such person is available, the copy may be left in a conspicuous place therein; if the office is closed or the person to be served has no office, the copy may be left at the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

Once the Notice of Electronic Filing has been sent or transmitted electronically via JEFS or JIMS, service has been completed. In cases where there are an excessive number of defendants, the court may rule that service of the defendants’ pleadings and replies thereto are not required as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein is deemed to be denied or avoided by all other parties. All parties must be given a copy of the order in the form and manner specified by the court.

It should be noted that the court will not routinely receive copies of a party’s deposition, interrogatories, discovery production or inspection requests, document requests, admission requests, or responses. However, on a motion or at trial, any such document shall be filed when offered as evidence or submitted as an exhibit. 

The advantages in terms of time, money, and the quality of work provided by the Undisputed Legal Process Serving firm make it the best choice. As you investigate more, you will discover that Undisputed Legal Process Serving has extensive connections to attorneys and legal experts. Most lawyers in Hawaii would suggest this service for anybody needing a local civil citation or summons.

Extensive years in business are another crucial component of a successful company. The length of time a firm has been in operation is crucial information. Years of experience may speak volumes about a company’s reliability and commitment. At Undisputed Legal, we are well versed in the specifications of Hawaii Process service.  All of our customers get the utmost in professional service because of the three (3) tiers of process service in Hawaii that we provide and the local process servers that we employ. We provide routine service, where our server makes its first attempt at service within five to seven business days. We also provide rush service, where the first attempt at service is made within forty-eight hours. However, service may also be enacted by mail, where service is done within twenty-four hours. This service requires documents to be sent out by Undisputed Legal. 

The sole variation between the two tiers of service described above (routine and rush) is the service’s duration. For each process, the Hawaii process server makes the first attempt at least three times (Morning, Afternoon & Evening) to comply with due diligence requirements. 

 Hawaii’s process service is more comprehensive than most other places in the United States. Consequently, we loop in our clients every step of the way. We provide GPS service affidavits as well as customized, “real-time” email updates to the clients in compliance. Additionally, we send an affidavit by email before sending the hard copy so that our clients are included in the entire service of process timeline. We also provide a free skip trace for new customers.

WHAT IS PROCESS SERVICE IN HAWAII

A ban against personal service between the hours of 10:00 p.m. and 6:00 a.m. on places not accessible to the public must be included in every summons unless a judge of the district or circuit court specifically authorizes service outside of regular business hours. The clerk will immediately issue a summons and give it to the plaintiff or the plaintiff’s attorney, who will cause the summons and copy of the complaint to be served by this rule. The defendant(s) may be served with a second or supplemental summons upon the plaintiff’s request.

Service of process may be made [A.]  upon an individual by hand delivery of a copy of the summons and complaint to that individual, or [B.] upon an individual by hand delivery of a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.

Suppose the defendant is a domestic or foreign corporation or partnership. In that case, service may be made by delivering a copy of the summons and complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process, and if the agent is one authorized by the state to receive service of process, by also mailing a copy to the defendant as the statute may require.

 If a law or court order requires service to be performed on a person who is not a resident of nor located within the State, then such service must be done in the manner and under the conditions specified by such law or order. When required by law or court order, service of process may be made outside the State’s borders.

The person serving process must provide evidence of service to the court as soon as possible and in any case, within the time limit within which the person being served must react. Any person expressly designated by the court or any authorized process server-making service must make an affidavit of such service.

 The actual cost of service of process, whether made by a public or private process server, may be awarded to a prevailing plaintiff in addition to any costs allowed by statute or rule, provided the amount shall not exceed the statutory amount(s) allowed for service of process by sheriffs or police officers.

SPECIFICATIONS OF PROCESS SERVICE IN HAWAII

Personal service may be made upon a defendant who is a resident of the State but who cannot be served within the State by any person authorized to serve the process in the place where the defendant may be found or specially appointed by the court to do the service. Such service, when evidenced by the return of the serving officer or by affidavit, shall be of the same legal force and validity as if made within the State.

When a party (like a defendant), a court, or an administrative body seeks to exercise jurisdiction over another party (like a defendant), process service is used to provide that party with notice of the pending legal action and an opportunity to react. A process server is an individual who delivers legal paperwork (called “process”) to the individual named in the summons or complaint.

Our process servers in Hawaii can serve any type of legal document, including but not limited to: summons and complaints, divorce and family court documents, subpoenas and citations, small claims court cases, orders to show cause, petitions and discovery documents, eviction and landlord/tenant notices and motions. We are a complete process-serving organization in Hawaii. We serve legal documents for anybody who needs them, from federal, state, and local governments to law offices and individual lawyers.

Only seasoned Hawaii process servers who adhere to the most recent license, schooling, and bonding standards established by the jurisdiction in which they serve court papers are allowed to do so. We at Undisputed Legal, Inc. make it our business to track down and serve court documents on elusive defendants and witnesses. 

FOR ASSISTANCE SERVING LEGAL PAPERS IN HAWAII

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our Hawaii Process Service Coverage Areas, Click Here!

Contact us for more information about our process serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an  accident; it is  always the result  of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. For any legal paperwork, it’s best to go via a tried-and-true process serving agency. When looking for new process servers, the well-known organization demands a lot from them. The process servers they choose must be trustworthy, confidentially focused, well-educated, and experienced.

2. All papers after the complaint required to be served upon a party, together with a certificate of service, shall be filed with the court either before service or within a reasonable time after service if service is made conventionally upon a non-JEFS User. Except as provided in subsection (a)above, all papers filed with the court shall be served on all parties to the case either electronically via JEFS or, for non-JEFS Users, traditionally.

Filing with the court is specified under clause (e). Pleadings and other papers filed with the court under these Rules shall be filed with the clerk of the court unless the judge authorizes the filing to be done directly with the judge; in such an event, the judge shall note the filing date on the documents and promptly forward them to the clerk’s office. The clerk must not reject for filing any document given for that purpose only because it is not presented in correct form as required by these Rules, despite any other regulation to the contrary.

3. The court may also mandate the submission of discovery documents at any time, either in response to a party’s ex parte motion or on its initiative.

4. In any county, by the head of police or a lawfully authorized subordinate; Throughout the state, by the sheriff or a sheriff’s deputy; by any person particularly designated by the court for that purpose; or by any person who is not a party and is not younger than 18 years of age.

5. Include the clerk’s signature and the court’s official seal.

1. Include the court’s name, the names of the parties, and the date it was issued,
2. Send your correspondence to the accused.
3. If counsel represents the plaintiff, that attorney’s name and contact information should be provided here; otherwise, just provide the plaintiff’s address.
4. Include the date by which the defendant must appear and defend or face a default judgment being entered against him or her for the remedy sought in the complaint.
5. Include a provision barring personal service between the hours of 10:00 p.m. and 6:00 a.m. on non-public property unless a district or circuit court judge specifically authorizes personal service during those hours, and
6. Include a notice that the defendant’s failure to appear in court as directed by the summons may result in the entry of default and a default judgment being entered against him or her. When service is performed under Rule 4(e) because of legislation or rule of court, the summons or notice, or order in place of a summons should conform as closely as may be to that required by the statute or rule.

6. Unless considerable injury would result to the substantial rights of the person against whom the process was issued, the court may at any time in its discretion and under such conditions as it considers appropriate allow any process or evidence of service to be changed.

7. Unless considerable injury would result to the substantial rights of the person against whom the process was issued, the court may at any time in its discretion and under such conditions as it considers appropriate allow any process or evidence of service to be changed.