Hawaii Summons In A Civil Action is a legal document issued to a defendant or respondent, requiring them to appear in court and answer a complaint filed by a plaintiff. It is also referred to as a “summons and complaint”, and is the first step of a civil lawsuit in the state of Hawaii. There are three types of Hawaii Summons In A Civil Action: a Summons by Publication, a Summons by Sheriff, and a Summons by Deputy Sheriff. A Summons by Publication is used when the defendant is unknown or cannot be found, and requires the plaintiff to publish a notice of the summons in a newspaper or other public forum. A Summons by Sheriff requires the sheriff to personally serve the summons on the defendant, while a Summons by Deputy Sheriff requires the deputy sheriff to serve the summons.
Hawaii Summons In A Civil Action
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FAQ
Rule 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS.
The court shall freely grant reasonable extensions of the time in which to name or identify the party defendant to any party exercising due diligence in attempting to ascertain the party defendant's name or identity.
Individuals may be served either personally by handing them a copy of the summons and complaint or, if they cannot be located, by leaving the Hawaii Process Service with a responsible adult resident at their usual residence.
Any person who is at least 18 years of age and not a party may serve a summons and complaint. (B) the court issues an order stating that service by a United States marshal or deputy marshal or by a person specially appointed by the court is required for service to be properly made in that particular action.
Rule 27 - Depositions before Action or Pending Appeal (a) Before Action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in any court of this State may file a verified petition in the circuit court in the circuit of the residence of any expected adverse party.
When the court directs entry of judgment in any case, the court shall order the prevailing party or the clerk to prepare such judgment of the court.
Rule 4 - Process (a) Summons: Issuance. Upon the filing of the complaint the clerk shall forthwith issue a summons. Plaintiff shall deliver the complaint and summons for service to a person authorized to serve process. Upon request of the plaintiff separate or additional summons shall issue against any defendants.
Rule 77 - Circuit Courts and Clerks (a) Circuit courts always open. The circuit courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.
Rule 30 - Depositions upon Oral Examination (a) When Depositions May Be Taken; When Leave Required. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.