AFFIDAVIT OF SERVICE
(State of Hawaiʻi – Circuit/District/Family Court)
[// GUIDANCE: This template is drafted for use in all Hawaiʻi state courts. Practitioners should confirm the applicable court (e.g., Circuit Court of the First Circuit) and adapt the caption, rule citations, and notarial block accordingly.]
I. CAPTION
IN THE [___] COURT OF THE STATE OF HAWAIʻI
[COUNTY]
[PLAINTIFF NAME], ) Civil No. [_]
Plaintiff, ) (Nature of Action: [])
)
vs. ) AFFIDAVIT OF SERVICE
)
[DEFENDANT NAME], )
Defendant. )
_____ )
II. AFFIANT INFORMATION
- I, [FULL LEGAL NAME OF PROCESS SERVER] (“Affiant”), being first duly sworn, state under oath as follows:
a. Affiant is over eighteen (18) years of age, competent to testify to the matters set forth herein, and is [a licensed process server / a sheriff / an unsworn private individual permitted under Haw. R. Civ. P. 4(c)(1)].
b. Affiant is not a party to the above-entitled action.
[// GUIDANCE: Haw. R. Civ. P. 4(c) permits service by the sheriff, a deputy sheriff, or any person who is not a party and is at least 18 years old.]
III. DEFINITIONS (for internal consistency)
• “Service Documents” – collectively, the pleadings, motions, notices, subpoenas, or other papers identified in Section IV.
• “Service Date” – the calendar date on which physical delivery, mailing, or other authorized act constituting service occurred.
• “Service Method” – the procedural vehicle permitted under Haw. R. Civ. P. 4(d) or 5(b) (e.g., personal delivery, substitute service, certified mail, publication).
• “Recipient” – the individual or entity upon whom the Service Documents were served or, in the case of substitute service, the person with whom the Service Documents were left.
IV. STATEMENT OF SERVICE
- On [SERVICE DATE] at [TIME] (HST), Affiant effected service of the following Service Documents:
• [List each document precisely – e.g., “Summons and Complaint,” “Motion for Summary Judgment,” “Subpoena Duces Tecum,” etc.]
- The Service Documents were served upon:
• Name of Recipient: [_]
• Relationship to Party Served (if substitute service): [_]
• Physical Description (optional but recommended): Height [], Weight [], Gender [], Approx. Age [], Other Identifiers [__].
• Service Address: [Street Address, City/Town, Island, ZIP Code].
- Service Method:
[Select and complete ONE of the following options; delete others.]
a. Personal Delivery – Haw. R. Civ. P. 4(d)(1):
“I personally delivered true and correct copies of the Service Documents to the Recipient, who acknowledged receipt.”
b. Substitute Service – Haw. R. Civ. P. 4(d)(1):
“After due diligence, the named defendant could not be found at the usual dwelling. I left copies with [Name], a person of suitable age and discretion residing therein, and thereafter mailed additional copies to the defendant’s last-known address on [Date] by [First-Class Mail/Certified Mail, Return Receipt Requested].”
c. Service on Authorized Agent – Haw. R. Civ. P. 4(d)(3):
“I delivered copies to [Name of Registered Agent], the agent authorized by appointment or by law to receive service on behalf of [Corporate Party].”
d. Certified or Registered Mail – Haw. R. Civ. P. 4(d)(8) & 4(d)(9):
“I deposited copies in the U.S. Mail, postage prepaid, via [Certified / Registered] Mail, Return Receipt Requested, addressed to the party’s last-known address. The return receipt signed by [Name] is attached hereto as Exhibit ‘A.’”
e. Publication – Haw. R. Civ. P. 4(e):
“Pursuant to the court’s Order Granting Motion for Service by Publication entered on [Date], Affiant caused the Summons to be published once per week for four consecutive weeks in [Name of Newspaper], commencing [Date] and concluding [Date]. Proof of publication is attached as Exhibit ‘B.’”
[// GUIDANCE: Delete any service methods not used. Retain exhibits as necessary.]
V. TIMELINESS & COMPLIANCE
-
Service was completed within the time allowed by Haw. R. Civ. P. 4(k): [e.g., “within ninety (90) days after filing of the Complaint.”]
-
No additional or alternative service was required, and Affiant reasonably believes that service complies with all requirements of the Hawaiʻi Rules of Civil Procedure and any applicable court orders.
VI. FEES & EXPENSES (Optional)
- The fee for effectuating service was $[____] and mileage expenses totaled $[____].
[// GUIDANCE: Itemization of fees may be necessary if costs will be sought from the opposing party.]
VII. DECLARATION UNDER PENALTY OF PERJURY
- I declare under penalty of perjury under the laws of the State of Hawaiʻi that the foregoing is true and correct.
Executed on this [__] day of [Month], 20[__], at [City], Hawaiʻi.
[AFFIANT NAME], Affiant
VIII. NOTARIAL ACKNOWLEDGMENT
(Required for an “Affidavit;” optional if filing an “Unsworn Declaration Under Penalty of Perjury” per Haw. Rev. Stat. § 710-1063.)
STATE OF HAWAIʻI )
) SS.
CITY AND COUNTY OF [____] )
On this _ day of _, 20_, before me appeared _______, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed above and acknowledged to me that he/she executed the same freely and voluntarily for the purposes therein stated.
Notary Public, State of Hawaiʻi
Printed Name: _____
My commission expires: ___
[// GUIDANCE: For electronic filing, consult the Hawaiʻi Judiciary Electronic Filing and Service Rules regarding digital signatures and e-notarization.]
IX. EXHIBITS (If Applicable)
Exhibit A – Signed USPS Return Receipt
Exhibit B – Proof of Publication
Exhibit C – Court Order Authorizing Alternative/Substitute Service
END OF TEMPLATE
[// GUIDANCE: Practitioners should:
• Confirm that the service method selected is authorized for the particular document type (e.g., subpoenas must comply with Haw. R. Civ. P. 45).
• Retain original proofs of service in case of challenge.
• File the completed Affidavit of Service promptly, as required by applicable court rules.
• For electronic service under Haw. R. Civ. P. 5.1, adapt Section IV.d accordingly.]