Who may serve a summons and complaint in Hawaii?

A sheriff or deputy sheriff, the chief of police of the county where service is made or a duly authorized subordinate, a person specially appointed by the court, a Department of Commerce and Consumer Affairs investigator, or any non-party who is at least 18 years old, under Hawaii Rules of Civil Procedure Rule 4(c) and Haw. Rev. Stat. section 634-21.

Can a party serve their own summons in Hawaii?

No. Hawaii Rules of Civil Procedure Rule 4(c) requires the server to be a sheriff, an officer, a court-appointed person, or a non-party who is at least 18. A plaintiff or defendant cannot serve their own summons and complaint.

Does Hawaii require a licensed or bonded process server?

No. Hawaii repealed its process-server registration and licensing statute, HRS chapter 353C, effective June 30, 2020. Any non-party who is at least 18 may serve a summons and complaint for free, with no state license, bond, certification, or registration.

Is there an official Hawaii proof of service form?

There is no single mandatory statewide form. Circuit Court uses the Return and Acknowledgment of Service, Form 1C-P-022, written for a sworn officer return. District Court uses the Return of Service; Acknowledgment of Service, Form 1DC47 (First Circuit, Oahu), 2DC47 (Second Circuit, Maui), or 3DC47 (Third Circuit, Hawaii Island), which also accepts a private server's declaration. If the issuing court requires its own version of a form, that form controls.

Does a Hawaii proof of service need to be notarized?

It depends on who serves. Circuit Court's Form 1C-P-022 is written only for a sworn, notarized officer return. District Court's Form 1DC47 family instead lets a qualifying private server sign an unsworn declaration under penalty of perjury, and a person specially appointed by the court must make an affidavit under Hawaii Rules of Civil Procedure Rule 4(g).

How long do I have to serve a summons in Hawaii?

Hawaii sets no day count to serve a summons after filing. Rules of the Circuit Courts Rule 28 instead lets a court dismiss the action, with written notice to the parties, if no service is made within 6 months of filing, and a motion to set aside that dismissal must be filed within 10 days of the dismissal order.

Is there a deadline to file the proof of service in Hawaii?

There is no separate day count. Hawaii Rules of Civil Procedure Rule 4(g) instead requires the server to make proof of service to the court promptly, and in any event within the time during which the person served must respond to process.

Does this Hawaii proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

Hawaii Proof of Service

Q: Is ordinary mail enough to serve a Hawaii summons?

No. Ordinary mail alone does not serve an individual defendant in Hawaii; it is not listed as a method under Hawaii Rules of Civil Procedure Rule 4(d) at all. Mail service is available only by court order, for a defendant who cannot be found in the state or is outside it, by registered or certified mail with a request for a return receipt, marked deliver to addressee only, under Haw. Rev. Stat. sections 634-23 and 634-24.

Hawaii lets any non-party who is at least 18 serve a summons for free with no license or registration, and its District Court return form lets that private server sign a declaration instead of a notarized affidavit.

Find out where you stand in Hawaii

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

Hawaii lets a sheriff or deputy, the police chief or a subordinate, a court-appointed person, a DCCA investigator, or any non-party at least 18 serve a summons; a party cannot serve their own summons (HRCP Rule 4(c); Haw. Rev. Stat. section 634-21). No license, bond, or registration is required of a private server since Hawaii repealed that requirement effective June 30, 2020. There is no single mandatory statewide proof form. Circuit Court's Form 1C-P-022 is written only for a sworn, notarized officer return. District Court's Form 1DC47 (First Circuit, Oahu), 2DC47 (Second Circuit, Maui), or 3DC47 (Third Circuit, Hawaii Island) lets a private server sign an unsworn declaration under penalty of perjury; a court-appointed server must make an affidavit (HRCP Rule 4(g)). Leaving copies at the dwelling with a resident of suitable age and discretion needs no follow-up mailing. Ordinary mail alone does not serve an individual; mail is allowed only by court order, for a defendant who cannot be found in the state or is outside it, by registered or certified mail return receipt requested, marked deliver to addressee only (Haw. Rev. Stat. sections 634-23, 634-24). Hawaii sets no day count to serve a summons; a court may dismiss the case, with notice, if no service occurs within 6 months of filing (RCCH Rule 28), and no day count applies to filing the proof. Later papers go to the attorney of record where one exists, with a certificate of service needing no notarization. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available.

Key Things to Know

1
A summons may be served by a sheriff or deputy sheriff, the chief of police or a duly authorized subordinate, a person specially appointed by the court, a Department of Commerce and Consumer Affairs investigator, or any non-party who is at least 18; a party cannot serve their own summons (HRCP Rule 4(c); Haw. Rev. Stat. section 634-21). Hawaii has no single mandatory statewide proof form: Circuit Court uses Form 1C-P-022, District Court uses Form 1DC47 (First Circuit, Oahu), 2DC47 (Second Circuit, Maui), or 3DC47 (Third Circuit, Hawaii Island).
2
Hawaii repealed its 2013 process-server registration and licensing statute, HRS chapter 353C, effective June 30, 2020. No state license, bond, certification, or registration is required to serve a summons for pay or for free.
3
Circuit Court's Form 1C-P-022 is written only for a sworn, notarized officer return. District Court's Form 1DC47 family instead lets any qualifying private server sign an unsworn declaration under penalty of perjury; a person specially appointed by the court must make an affidavit under HRCP Rule 4(g), and a sheriff, police officer, or investigator may choose either a declaration or an affidavit under Haw. Rev. Stat. section 634-22.
4
Ordinary mail alone does not serve an individual defendant in Hawaii; it is not listed as a method under HRCP Rule 4(d) at all. Mail service is available only by court order, for a defendant who cannot be found in the state or is outside it, by registered or certified mail with a request for a return receipt, marked deliver to addressee only (Haw. Rev. Stat. sections 634-23, 634-24).
5
Substituted service by leaving copies at the individual's dwelling house or usual place of abode with a person of suitable age and discretion who lives there completes service under HRCP Rule 4(d)(1)(A), with no required follow-up mailing.
6
Hawaii sets no day count to serve a summons after filing. Rules of the Circuit Courts Rule 28 instead lets a court dismiss the action sua sponte, with written notice to the parties, if no service is made within 6 months of filing, and a motion to set aside that dismissal must be filed within 10 days of the dismissal order. There is also no separate day count to file the proof; HRCP Rule 4(g) requires filing promptly and within the time the person served has to respond to process.
7
Later papers are served on the attorney of record where one exists, or otherwise on the party, under HRCP Rule 5(b), by delivery, leaving a copy at the office or dwelling, mail, or electronic transmission through the JEFS e-filing system. Proof under Rules of the Circuit Courts Rule 5(b) may be electronic, a written acknowledgment, an affidavit, or any other proof satisfactory to the court, and needs no notarization.

Key decisions before you file

Before you file a Proof of Service in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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PROOF OF SERVICE / RETURN OF SERVICE

Hawaii has no single mandatory statewide proof-of-service form. Circuit Court's Form 1C-P-022 is written for a sworn, notarized officer return; District Court's Form 1DC47 (Oahu), 2DC47 (Maui), or 3DC47 (Hawaii Island) allows a declaration under penalty of perjury instead. If the issuing court requires its own version of either form, that form controls.

IN THE [CIRCUIT OR DISTRICT] COURT OF THE [CIRCUIT NUMBER] CIRCUIT, STATE OF HAWAII

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

CIVIL NO. [CASE NUMBER]

I served the following papers: [SUMMONS, COMPLAINT, AND ANY ADDITIONAL PAPERS SERVED].

I served [NAME OF PERSON OR ENTITY SERVED, AND TITLE OR CAPACITY IF SERVED ON BEHALF OF AN ENTITY] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE].

METHOD OF SERVICE

[ ] PERSONAL DELIVERY. I personally delivered the papers to the person named above, under Hawaii Rules of Civil Procedure Rule 4(d)(1)(A).

[ ] SUBSTITUTED SERVICE AT DWELLING. Because the individual could not be found, I left the papers at [ADDRESS OF DWELLING HOUSE OR USUAL PLACE OF ABODE] with [NAME OF PERSON OF SUITABLE AGE AND DISCRETION], who resides there, under Hawaii Rules of Civil Procedure Rule 4(d)(1)(A).

[ ] SERVICE ON AN AUTHORIZED AGENT. I delivered the papers to [NAME OF AGENT], an agent authorized by appointment or by law to receive service for [NAME OF DEFENDANT], under Hawaii Rules of Civil Procedure Rule 4(d)(1)(B).

[ ] MAIL BY COURT ORDER. Under the order of [COURT] dated [DATE OF ORDER], finding the defendant could not be served within the State, I served the defendant by registered or certified mail, with a request for a return receipt, marked deliver to addressee only, at [ADDRESS], on [DATE MAILED], under Haw. Rev. Stat. section 634-24. The signed return receipt is attached.

SERVER INFORMATION

Name: [NAME OF SERVER] Address: [ADDRESS OF SERVER] [ ] Sheriff, deputy sheriff, or chief of police or subordinate of [COUNTY]. [ ] Person specially appointed by the court, appointed on [DATE OF APPOINTMENT]. [ ] Investigator commissioned by the Director of Commerce and Consumer Affairs under Haw. Rev. Stat. section 26-9(j). [ ] Person who is not a party and is at least 18 years of age, under Hawaii Rules of Civil Procedure Rule 4(c).

DECLARATION OR AFFIDAVIT

[ ] DECLARATION. I declare under penalty of perjury under the laws of the State of Hawaii that the foregoing is true and correct.

[ ] AFFIDAVIT. I am the officer, investigator, or court-appointed server described above. SUBSCRIBED AND SWORN TO before me on [DATE] that the foregoing is true and correct, under Haw. Rev. Stat. section 634-22 and Hawaii Rules of Civil Procedure Rule 4(g).

[SIGNATURE OF NOTARY] Notary Public, State of Hawaii My commission expires: [DATE]

Date: [DATE]

[SIGNATURE OF SERVER] [PRINTED NAME OF SERVER]

CERTIFICATE OF SERVICE OF LATER PAPERS

On [DATE], I served [TITLE OF LATER PAPER] on [NAME OF ATTORNEY OF RECORD, OR THE PARTY IF UNREPRESENTED] by [DELIVERY, LEAVING A COPY AT THE OFFICE OR DWELLING, MAIL TO THE LAST KNOWN ADDRESS, OR ELECTRONIC TRANSMISSION THROUGH JEFS], under Hawaii Rules of Civil Procedure Rule 5 and Rules of the Circuit Courts Rule 5.

[SIGNATURE] [NAME OF PERSON WHO SERVED]

Hawaii Requirements for Proof of Service

Non-Party Server Age 18 or an Authorized Officer
A summons may be served by a sheriff or deputy sheriff, the chief of police or a duly authorized subordinate, a person specially appointed by the court, a Department of Commerce and Consumer Affairs investigator, or any non-party who is at least 18; a party cannot serve their own summons (HRCP Rule 4(c); Haw. Rev. Stat. section 634-21).
No Process-Server License Required
Hawaii repealed its 2013 process-server registration and licensing statute, HRS chapter 353C, effective June 30, 2020, leaving no state license, bond, certification, or registration requirement for a private server of a summons and complaint.
No Single Mandatory Statewide Proof-of-Service Form
Circuit Court uses the Return and Acknowledgment of Service, Form 1C-P-022; District Court uses the Return of Service; Acknowledgment of Service, Form 1DC47 (First Circuit, Oahu), 2DC47 (Second Circuit, Maui), or 3DC47 (Third Circuit, Hawaii Island). If the issuing court requires its own version, that form controls.
Affidavit for Court-Appointed Servers; Notarized Circuit Court Officer Form
Circuit Court's Form 1C-P-022 is written only for a sworn, notarized officer return, and a person specially appointed by the court must make an affidavit of service under HRCP Rule 4(g).
Declaration Under Penalty of Perjury for Private Servers
District Court's Return of Service form family lets any qualifying private server sign an unsworn declaration under penalty of perjury instead of a notarized affidavit; a sheriff, police officer, or investigator may choose either a declaration or an affidavit (Haw. Rev. Stat. section 634-22).
Ordinary Mail Alone Does Not Serve a Summons
Mail is not a method to serve an individual defendant under HRCP Rule 4(d). Mail service is available only by court order, for a defendant who cannot be found in the state or is outside it, by registered or certified mail with a return receipt requested, marked deliver to addressee only (Haw. Rev. Stat. sections 634-23, 634-24).
Substituted Service at the Dwelling Completes Without a Follow-Up Mailing
Leaving copies of the summons and complaint at the individual's dwelling house or usual place of abode with a person of suitable age and discretion who lives there completes service under HRCP Rule 4(d)(1)(A), with no required follow-up mailing.
6-Month Dismissal Standard Instead of a Day-Count Deadline
Rules of the Circuit Courts Rule 28 lets a court dismiss the action sua sponte, with written notice to the parties, if no service is made within 6 months of filing, and a motion to set aside that dismissal must be filed within 10 days of the dismissal order.
Certificate of Service for Later Papers Needs No Notarization
Proof of service of later papers under Rules of the Circuit Courts Rule 5(b) may be electronic, a written acknowledgment, an affidavit, or any other proof satisfactory to the court, and does not require notarization.

Find out where you stand in Hawaii

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

Hawaii Requirements for Proof of Service

Non-Party Server Age 18 or an Authorized Officer

No Process-Server License Required

No Single Mandatory Statewide Proof-of-Service Form

Affidavit for Court-Appointed Servers; Notarized Circuit Court Officer Form

Declaration Under Penalty of Perjury for Private Servers

Ordinary Mail Alone Does Not Serve a Summons

Substituted Service at the Dwelling Completes Without a Follow-Up Mailing

6-Month Dismissal Standard Instead of a Day-Count Deadline

Certificate of Service for Later Papers Needs No Notarization

Frequently Asked Questions