Affidavit of Service - Hawaii

AFFIDAVIT OF SERVICE

State of Hawaiʻi

IN THE [________________________________] COURT OF THE STATE OF HAWAIʻI

[________________________________] CIRCUIT / DIVISION

Civil No.: [________________________________]

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

AFFIDAVIT OF SERVICE

(Pursuant to HRCP Rule 4 and HRS Chapter 634)

SECTION 1: AFFIANT INFORMATION

I, [________________________________], being first duly sworn, state under oath as follows:

1. Full Legal Name: [________________________________]

2. Business Address: [________________________________]

3. City, State, ZIP: [________________________________]

4. Telephone: [________________________________]

5. Email (optional): [________________________________]

6. Capacity (check one):

☐ Sheriff of the State of Hawaiʻi (HRS § 634-21; HRCP Rule 4(c))

☐ Deputy Sheriff of the State of Hawaiʻi

☐ Chief of Police of [________________________________] County

☐ Authorized subordinate of the Chief of Police of [________________________________] County

☐ Person not a party, at least 18 years of age, serving process (HRCP Rule 4(c))

☐ Person specially appointed by the court for service (Order dated [__/__/____])

☐ Investigator appointed and commissioned by the Director of Commerce and Consumer Affairs (HRS § 634-21)

☐ Other person authorized by the rules of court: [________________________________]

7. I am at least 18 years of age, competent to testify, and not a party to this action, as required by HRCP Rule 4(c).

8. I have personal knowledge of the facts stated herein.

Qualification Note: Under HRCP Rule 4(c) and HRS § 634-21, service of process may be made by the sheriff or deputy sheriff, the chief of police or authorized subordinate of any county, any investigator appointed and commissioned by the Director of Commerce and Consumer Affairs pursuant to HRS § 26-9(j), any person authorized by the rules of court, or any person who is not a party and is at least 18 years of age. Hawaiʻi does not require process server licensing or certification for general civil service.

SECTION 2: DOCUMENTS SERVED

The following documents (collectively, the "Documents") were served:

☐ Summons

☐ Complaint

☐ Amended Complaint

☐ Subpoena (HRCP Rule 45)

☐ Subpoena Duces Tecum

☐ Motion for [________________________________]

☐ Order of Court dated [__/__/____]

☐ Notice of Hearing dated [__/__/____]

☐ Temporary Restraining Order / Protective Order

☐ Writ of [________________________________]

☐ Petition for [________________________________]

☐ Family Court documents: [________________________________]

☐ Other: [________________________________]

☐ Other: [________________________________]

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Date of service: [__/__/____]

Time of service: [____] ☐ a.m. ☐ p.m.

Address where service was made:

[________________________________]

City/Town: [________________________________]

Island: [________________________________]

County: [________________________________]

State: Hawaiʻi ZIP: [____]

Description of location (e.g., residence, business, public area):

[________________________________]

Service Time Compliance:

☐ Service was made between 6:00 a.m. and 10:00 p.m.

☐ Service was made between 10:00 p.m. and 6:00 a.m. on non-public premises, pursuant to written judicial permission dated [__/__/____] (attached as Exhibit [____]).

☐ Service was made at a public location (no time restriction applies).

Note: Under Hawaiʻi law, service of process cannot occur between 10:00 p.m. and 6:00 a.m. on non-public premises without written judicial permission.

SECTION 4: PERSON SERVED

A. Identity of person served:

Name: [________________________________]

Relationship to party (check one):

☐ Defendant / Respondent personally

☐ Person of suitable age and discretion at defendant's dwelling house or usual place of abode (substitute service)

☐ Authorized agent of defendant

☐ Registered agent for corporate entity (filed with Hawaii DCCA)

☐ Officer of corporation

☐ Director of corporation

☐ Managing agent of entity

☐ General partner of partnership

☐ Member/Manager of LLC

☐ Person in charge of defendant's place of business

☐ Attorney General of Hawaiʻi (for actions against the State)

☐ Director of Finance / designated department head (for actions against State agencies)

☐ Mayor or City/County Clerk (for actions against county)

☐ Guardian / Conservator of incapacitated defendant

☐ Parent / Guardian of minor defendant

☐ Other: [________________________________]

B. If served on person other than named defendant:

Name of person accepting service: [________________________________]

Relationship to defendant: [________________________________]

Approximate age: [____]

Title/Position (if corporate or entity service): [________________________________]

SECTION 5: METHOD OF SERVICE

(Check the applicable method and complete the corresponding subsection below.)

☐ A. PERSONAL SERVICE — HRCP Rule 4(d)(1)

I personally delivered true and correct copies of the Documents directly into the hands of the person named in Section 4 above.

Statement: On [__/__/____] at [____] ☐ a.m. ☐ p.m., I located and personally served [________________________________] at [________________________________] by handing the Documents directly to the individual.

☐ The person acknowledged receipt of the Documents.

☐ The person refused to accept the Documents. I informed the person of the nature of the Documents and left them in the person's immediate presence/vicinity. Under Hawaiʻi law, service is still effective.

☐ B. SUBSTITUTE / ABODE SERVICE — HRCP Rule 4(d)(1)

On [__/__/____] at [____] ☐ a.m. ☐ p.m., I left true and correct copies of the Documents at the defendant's dwelling house or usual place of abode located at:

Address: [________________________________]

City/Town, Island, ZIP: [________________________________]

with [________________________________], a person of suitable age and discretion then residing therein.

Relationship to defendant: [________________________________]

Approximate age of person accepting service: [____]

☐ I informed the person with whom the Documents were left of the general nature of the Documents.

☐ I thereafter mailed additional copies of the Documents to the defendant at the above address on [__/__/____] by:

☐ First-class mail, postage prepaid
☐ Certified mail, return receipt requested

Note: Under HRCP Rule 4(d)(1), substitute service is accomplished by leaving copies at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Although not always required, mailing an additional copy is strongly recommended as a best practice and may be required by some courts.

☐ C. SERVICE ON AUTHORIZED AGENT — HRCP Rule 4(d)(1)

I delivered true and correct copies of the Documents to:

Name of agent: [________________________________]

Agent for: [________________________________]

Authority basis: ☐ Appointed agent ☐ Statutory agent ☐ Registered agent (DCCA)

Agent's title/position: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ D. SERVICE ON CORPORATION, PARTNERSHIP, OR ASSOCIATION — HRCP Rule 4(d)(3)-(5)

I served the Documents on:

Name of entity: [________________________________]

Entity type: ☐ Corporation ☐ LLC ☐ Partnership ☐ Unincorporated Association ☐ Other: [________________________________]

Name of person served: [________________________________]

Title/Position: [________________________________]

The person served is (check one):

☐ Officer of the corporation
☐ Director of the corporation
☐ Managing agent of the entity
☐ Registered agent filed with Hawaiʻi DCCA
☐ General partner
☐ Member or manager of LLC
☐ Other authorized representative: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ E. SERVICE ON STATE, COUNTY, OR GOVERNMENTAL ENTITY — HRCP Rule 4(d)(5)-(6)

I delivered true and correct copies of the Documents to:

Entity served: [________________________________]

Person served: [________________________________]

Title: [________________________________]

The person served is (check one):

☐ Attorney General of the State of Hawaiʻi (for actions against the State)
☐ Director of Finance or designated department head
☐ Mayor of the City and County of [________________________________]
☐ County Clerk of [________________________________] County
☐ Other designated official: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ F. SERVICE BY CERTIFIED OR REGISTERED MAIL — HRCP Rule 4(d)(8)-(9); HRS § 634-36

On [__/__/____], I deposited true and correct copies of the Documents in the United States mail by:

☐ Certified mail, return receipt requested
☐ Registered mail, return receipt requested

addressed to:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Article Number: [________________________________]

Return receipt received: ☐ Yes ☐ No

Date signed on return receipt: [__/__/____]

Signature on return receipt by: [________________________________]

☐ Return receipt is attached hereto as Exhibit [____].

☐ Mail was returned unclaimed / refused.

Note: Under HRS § 634-36, when service is made by certified or registered mail, the return receipt signed by the defendant shall be filed with the affidavit of service.

☐ G. SERVICE BY PUBLICATION — HRCP Rule 4(e)

Pursuant to the Court's Order dated [__/__/____] authorizing service by publication:

Name of newspaper: [________________________________]

Island of publication: [________________________________]

Dates of publication:

• First publication: [__/__/____]
• Second publication: [__/__/____]
• Third publication: [__/__/____]
• Fourth publication: [__/__/____]

Note: Under HRCP Rule 4(e), service by publication is authorized when the court orders it after a showing that due diligence has been exercised to locate the defendant. Publication is typically required once per week for four consecutive weeks.

☐ Court order authorizing publication is attached as Exhibit [____].

☐ Affidavit of publication from the newspaper is attached as Exhibit [____].

☐ A copy was also mailed to the defendant's last-known address on [__/__/____].

☐ H. SERVICE OUTSIDE HAWAIʻI — HRCP Rule 4(e); HRS § 634-25

I effected service outside the State of Hawaiʻi on [__/__/____] at [________________________________] (city, state/country).

Method used:

☐ Personal delivery to defendant outside Hawaiʻi (HRS § 634-25)

☐ Certified or registered mail to defendant outside Hawaiʻi

☐ In compliance with the law of the jurisdiction where service was made

☐ As directed by court order dated [__/__/____]

☐ In compliance with the Hague Convention on Service Abroad

Note: Under HRS § 634-25, personal service on a resident outside Hawaiʻi may be made in the same manner as personal service within the state, and the court may exercise jurisdiction as if the person had been served within Hawaiʻi.

☐ I. COURT-ORDERED ALTERNATIVE SERVICE

Pursuant to the Court's Order dated [__/__/____], I effected service by the following alternative method:

[________________________________]

[________________________________]

[________________________________]

☐ Copy of the Court's Order is attached as Exhibit [____].

☐ J. WAIVER / VOLUNTARY APPEARANCE

The defendant [________________________________] voluntarily appeared or waived service of the Documents on [__/__/____].

☐ The signed waiver/acceptance is attached as Exhibit [____].

SECTION 6: DESCRIPTION OF PERSON SERVED

Gender: [________________________________]

Approximate age: [____]

Height: [____]

Weight: [____]

Hair color: [________________________________]

Skin tone: [________________________________]

Glasses: ☐ Yes ☐ No

Facial hair: ☐ Yes ☐ No — Description: [________________________________]

Clothing worn at time of service: [________________________________]

Other distinguishing features: [________________________________]

SECTION 7: DUE DILIGENCE — PRIOR SERVICE ATTEMPTS

(Required for substitute, mail, publication, or alternative service methods.)

Service Attempt Log

Investigation Steps Taken

☐ Searched Hawaiʻi DCCA Business Registration Division records for registered agent

☐ Searched Hawaiʻi Bureau of Conveyances / property records for current address

☐ Searched Hawaiʻi State Judiciary eCourt Kokua records

☐ Contacted neighbors, landlord, or property management

☐ Contacted defendant's known employer

☐ Checked voter registration records

☐ Searched social media / internet resources for current location

☐ Checked with building security / condominium management

☐ Skip trace performed by: [________________________________]

☐ Other: [________________________________]

Narrative of due diligence efforts:

[________________________________]

[________________________________]

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

SECTION 9: ADDITIONAL STATEMENTS

☐ Service was completed without incident.

☐ The person served made the following statements or took the following actions upon service:

[________________________________]

[________________________________]

☐ I was unable to effect service. See Section 7 for due diligence details and Non-Service Affidavit below.

NON-SERVICE AFFIDAVIT

(Complete ONLY if service was NOT accomplished.)

☐ I was unable to serve the Documents on [________________________________] despite diligent efforts described in Section 7.

Reason service could not be completed:

☐ Defendant could not be located at the address provided

☐ Defendant has moved from the address — forwarding address: [________________________________]

☐ Defendant is evading service

☐ Address is vacant or abandoned

☐ Certified/registered mail returned unclaimed or refused

☐ No person of suitable age and discretion was present at the dwelling

☐ Service attempted outside permitted hours (10 p.m. to 6 a.m.) and judicial permission not obtained

☐ Defendant located on different island — inter-island service arrangements required

☐ Other: [________________________________]

SECTION 10: DECLARATION AND OATH

I, [________________________________], solemnly swear (or affirm) under penalty of perjury under the laws of the State of Hawaiʻi that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

I further state that service was performed in full compliance with the Hawaiʻi Rules of Civil Procedure, Rule 4, HRS Chapter 634, and all applicable court rules and orders.

I understand that making a false statement under oath subjects me to penalties under Hawaiʻi law, including HRS § 710-1063 (Unsworn Falsification to Authorities) and HRS § 710-1060 (Perjury).

SECTION 11: EXECUTION AND NOTARIZATION

Executed on this [____] day of [________________________________], 20[____].

________________________________________
Signature of Affiant

Printed Name: [________________________________]
Business Address: [________________________________]
Telephone: [________________________________]

NOTARY ACKNOWLEDGMENT

State of Hawaiʻi )
) ss.
City and County of [________________________________] )

On this [____] day of [________________________________], 20[____], before me personally appeared [________________________________], to me known (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing Affidavit of Service, and acknowledged to me that he/she executed the same freely and voluntarily for the purposes therein stated.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

________________________________________
Notary Public, State of Hawaiʻi

Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

Note: Under HRS § 710-1063, an unsworn declaration under penalty of perjury may be used in lieu of a sworn affidavit in certain circumstances. Consult with counsel regarding whether a notarized affidavit or unsworn declaration is appropriate for your filing.

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Return Receipt (Certified/Registered Mail)

☐ Exhibit B — Affidavit of Publication / Tear Sheets

☐ Exhibit C — Court Order Authorizing Alternative Service or Service by Publication

☐ Exhibit D — Court Appointment Order for Special Process Server

☐ Exhibit E — Judicial Permission for Service Between 10:00 p.m. and 6:00 a.m.

☐ Exhibit F — Signed Waiver/Acceptance of Service

☐ Exhibit G — Photographs / GPS Records

☐ Exhibit H — Due Diligence Documentation

☐ Exhibit I — Hague Convention Documentation (if applicable)

☐ Exhibit J — Other: [________________________________]

SECTION 13: HAWAIʻI-SPECIFIC PRACTICE NOTES

Who May Serve Process (HRCP Rule 4(c); HRS § 634-21)

• Sheriff or deputy sheriff (anywhere in the state)
• Chief of police of the county where service is made, or authorized subordinate
• Any person who is not a party and is at least 18 years of age
• Person specially appointed by the court
• Investigator appointed and commissioned by the Director of Commerce and Consumer Affairs (HRS § 26-9(j))
• Person authorized by the rules of court
• Hawaiʻi does not require process server licensing or certification

Methods of Service Summary

Service Time Restrictions

• Service CANNOT be made between 10:00 p.m. and 6:00 a.m. on non-public premises without written judicial permission
• Service at public locations has no time restriction
• This restriction is unique to Hawaiʻi and must be carefully documented

Proof of Service Requirements (HRCP Rule 4(g); HRS § 634-22)

• Server must make proof of service promptly and within the time the served person must respond
• Sheriff/police return: officially endorsed on or attached to the process
• Other persons: affidavit of service required
• Certified/registered mail: return receipt filed with affidavit (HRS § 634-36)
• Failure to make proof does not affect the validity of service

Multi-Island Considerations

• Hawaiʻi is composed of multiple islands; service may require inter-island coordination
• Sheriff and deputies may serve anywhere in the state
• Chief of police or subordinate serves within their county:
• City and County of Honolulu (Oʻahu)
• County of Hawaiʻi (Big Island)
• County of Maui (Maui, Molokaʻi, Lānaʻi)
• County of Kauaʻi (Kauaʻi, Niʻihau)

Filing Deadlines and Electronic Filing

• Proof of service must be filed within the defendant's response deadline
• Hawaiʻi Judiciary Electronic Filing and Service Rules (JEFSR) govern electronic filing
• Consult local circuit court rules for e-filing requirements and digital signature acceptance

Penalties

• Perjury: HRS § 710-1060 — Class C felony
• Unsworn falsification: HRS § 710-1063 — misdemeanor
• Contempt of court for false affidavits
• Civil liability for damages caused by improper service

SOURCES AND REFERENCES

• HRCP Rule 4 — Process (Service of Summons and Complaint)
• HRCP Rule 45 — Subpoenas
• HRS Chapter 634 — Civil Actions and Proceedings, Generally
• HRS § 634-21 — Service of Process, By Whom
• HRS § 634-22 — Return of Service
• HRS § 634-23 — Service on Unknown or Absent Defendants
• HRS § 634-25 — Personal Service on Residents Outside Hawaiʻi
• HRS § 634-35 through 634-36 — Long-Arm Jurisdiction and Service
• Hawaiʻi State Judiciary: https://www.courts.state.hi.us
• Hawaiʻi DCCA Business Registration: https://cca.hawaii.gov/breg/
• Hawaiʻi State Legislature: https://www.capitol.hawaii.gov

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Hawaiʻi. All service of process must comply with the current Hawaiʻi Rules of Civil Procedure and applicable statutes.