§601-13 Publication of notices and process.

396 words·~2 min read·/hi/chapter-601/601-13

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)All notices or process required or permitted by law, by the rules of any court, or by judicial order to be published or advertised in judicial proceedings in the State shall be published or advertised in a newspaper or newspapers having a general circulation within the county in which the judicial proceedings are commenced or had, except as otherwise provided.

(b)When the notices or process are required to be published or advertised once or more in a given interval for or in a successive number of intervals, the use of the word "successive" shall not be construed to require publication in more than the stated number of intervals; for example, a requirement of publication "once a week for (or in) three successive weeks" shall require only three publications.

(c)Notwithstanding any law to the contrary, in all family court cases, if the plaintiff or petitioner, as a result of impoverishment, is unable to publish notice as required by subsection (a), the plaintiff or petitioner shall file an affidavit attesting to impoverishment and to the fact that, after due and diligent search, the whereabouts of the individual sought to be served are unknown. Upon such filings, the family court shall order that service be made by forwarding a certified copy of the pleadings and process to the individual at the last known address by registered or certified mail, with a return receipt requested and a directive to deliver to addressee only, by sending a certified copy of the pleadings and process to the defendant's or respondent's closest known relative, if any can be found, and by posting a copy of the pleadings and process at the courthouse in which the pleadings and process have been filed. Service shall be completed thirty days after mailing. The plaintiff or petitioner shall attest to the fact of the mailing and the date thereof by affidavit, attaching the sender's receipt for that mail and, if available, the return receipt and envelope. [L 1919, c 31, §1; RL 1925, §2219; RL 1935, §3579; am L 1941, c 36, §1; RL 1945, §9580; RL 1955, §213-10; HRS §601-13; am L 1972, c 88, §1(e); am L 2012, c 290, §2]

Rules of Court

See HRCP rule 4(e).

Proof of publication, see RCC rule 11.

Case Notes

Cited: 45 H. 90, 91, 363 P.2d 1006 (1961).