Process Server Laws in Hawaii

Personal Service of Process in Hawaii

Rule 4(d)

Hawai'i Rules of Civil Procedure (HRCP) Rule 4(d)

Process Server Registration/Licensing in Hawaii

No statewide licensing/registration/bonding required for general process servers. Voluntary authorization list by Department of Law Enforcement (DOLE) for specific processes (garnishments, writs, etc.); requires training letter from attorney/authorized server

Who May Serve Process in Hawaii

§ 634-21

HRCP Rule 4(c): sheriff/deputy, court special appointee, non-party 18+; county police chief/subordinate. HRS § 634-21 similar. [HRCP Rule 4(c)]; HRS § 634-21

Proof of Service / Affidavit Requirements in Hawaii

§ 634-22

HRCP Rule 4(g): Proof by server; affidavit if court-appointed or authorized process server. HRS § 634-22: declaration or affidavit prima facie evidence. Notarization not specified; uses affidavit/declaration under penalty of perjury. [HRCP Rule 4(g)]; HRS 634-22

Does Hawaii require a notarized affidavit or penalty of perjury declaration?

Hawaii accepts declarations under RCCH Rule 7.

Hawaii accepts declarations under penalty of perjury per RCCH Rule 7. A notarized affidavit is also accepted. HRCP 4(g) governs the content of proof of service. The Mighty Affidavit Generator automatically applies the correct signing method for Hawaii.

What proof of service form do I need in Hawaii?

Hawaii has official forms (1DC47, 3DC47, 1F-P-140) but generic affidavits accepted. RCCH Rule 7 allows declarations.

Hawaii provides official forms by circuit: 1DC47 and 3DC47 for District Court, 1F-P-140 for Family Court. These are not strictly mandatory — generic affidavits are also accepted. HRCP 4(g) governs proof of service requirements. Declarations are accepted under RCCH Rule 7. The Mighty Affidavit Generator automatically selects the correct proof of service template for Hawaii and fills it with your job data — no manual form selection needed.

Criminal Protections for Process Servers in Hawaii

No specific statute found for assault, threat, or obstruction of process servers

Property Access Rights for Process Servers in Hawaii

§ 708-819

HRS § 708-819(2) exception for process servers: criminal trespass does not apply unless premises secured by fence AND locked gate, for good faith service attempt on owner/occupant/agent/lessee

Service by Publication in Hawaii

§ 634-23

HRCP Rule 4(e), pursuant to HRS §§ 634-23, 634-26, 634-36

Subpoena Service in Hawaii

Rule 45(c)

Civil: HRCP Rule 45(c). Criminal: HRPP Rule 17(c). [HRCP Rule 45]; HRPP Rule 17

Family Law Service of Process in Hawaii

Rule 4

Hawai'i Family Court Rules (HFCR) Rule 4, similar to HRCP Rule 4

Small Claims Service in Hawaii

§ 633-28

HRS § 633-28: as DCRCP Rule 4, or party personal service with signature/witness affidavit, or certified/registered mail return receipt

Unique Provisions for Service of Process in Hawaii

Rule 4(b)(6)

HRCP Rule 4(b)(6): no personal delivery 10:00 p.m.–6:00 a.m. on non-public premises without court permission

Substituted Service in Hawaii

Rule 4(d)(1)(A)

HRCP Rule 4(d)(1)(A): leave at dwelling with suitable resident if cannot find personally