§580-2 Commencement of action; summons.

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§580-2 Commencement of action; summons. An action for annulment, divorce, or separation is commenced by filing a complaint with the court, which complaint shall be signed and sworn to by the applicant and shall set forth sufficient facts to constitute a claim for relief. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service to a person authorized to serve process in civil actions. The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which the defendant is required to appear and defend which shall not be less than twenty days after the service of the summons and complaint upon the defendant, and shall notify the defendant that in case of the defendant's failure to appear and defend as required, further proceedings may be taken including judgment for the relief demanded in the complaint without further notice to the defendant.

Alternative complaints for annulment, divorce, or separation may be set forth or combined in one complaint. [L 1870, c 16, §3; am L 1878, c 26, §2; am L 1903, c 22, §5; am L 1905, c 19, §1; am L 1907, c 72, §1 and c 109, §1; am L 1909, c 25, §2; am L 1919, c 168, §1; RL 1925, §2967; RL 1935, §4462; RL 1945, §12212; am L 1953, c 221, §1; RL 1955, §324-22; am L 1963, c 85, §3; am L 1965, c 88, §1; am L 1966, c 22, §2; HRS §580-2; gen ch 1985]

Rules of Court

Commencement of action, see HFCR rule 3.

Summons, see HFCR rule 4.

Case Notes

Except under certain circumstances amended libel should be served within reasonable time. 9 H. 405 (1894). Service of amended pleading if amendment made in open court before opposing counsel may be waived. Id.

Insane person may file for divorce through guardian. 9 H. 475 (1894).

Great particularity not required in prayer for alimony. 14 H. 152 (1902).

When decree vacated because thirty days has not elapsed, court should re-try the case after such lapse, upon evidence then adduced. 23 H. 451, 456 (1916).

Setting decree aside. 34 H. 675 (1938).

Discontinuance, right. 41 H. 481 (1956).

Cited: 3 H. 300, 301 (1871); 17 H. 463, 464 (1906); 20 H. 633, 637 (1911); 24 H. 29, 34 (1917).