HOUSE OF REPRESENTATIVES

H.B. NO.

1415

TWENTY-SEVENTH LEGISLATURE, 2013

 

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 purpose of this Act is to specify the term "general circulation" as it refers to a newspaper for purposes of service by publication in a civil action.

     SECTION 2.  Section 634-36, Hawaii Revised Statutes, is amended to read as follows:

     "§634-36  Manner of service under sections 634-33 to 35.  (a)  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.

     (b)  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.

     (c)  As used in this section, "general circulation" refers to a newspaper that:

     (1)  Contains news of a general nature; and

     (2)  Is distributed within the circuit where the action has been filed:

         (A)  At least weekly;

         (B)  For a minimum of one year unless interrupted by strike, natural disaster, or act of war or terror; and

         (C)  To a minimum of three per cent of the residents of the circuit, as determined by the last decennial United States census and as verified by an independent audit."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


 

Report Title:

Civil Actions; Service by Publication; Newspapers

 

Description:

Specifies the term "general circulation" as it refers to a newspaper for purposes of service by publication in a civil action.

 

 

 

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