§634-36 Manner of service under sections
634-33 to 35. [(a)] When service of summons is provided for by section
634-33, 634-34, or 634-35, service shall be made by service upon the defendant
personally by any person authorized to serve process in the place in which the
defendant may be found or appointed by the court for the purpose, or sent by
certified, registered, or express mail, postage prepaid, with return receipt
requested, by the plaintiff or the plaintiff's attorney to the defendant. The
plaintiff or the plaintiff's attorney shall file the return of the serving
officer or an affidavit showing that the copy of summons and complaint were
served as aforesaid or sent by certified, registered, or express mail as
aforesaid, and in the latter case the return receipt signed by the defendant
shall be filed with the affidavit. The service shall be complete upon delivery
of the required papers to the defendant outside the State, personally or by
mail as provided.
[(b)] If the defendant cannot be found to
serve or mail the summons and the facts shall appear by affidavit or otherwise
to the satisfaction of the court, it may order that service be made by
publication of summons in at least one newspaper published in the State and
having a general circulation in the circuit in which the action has been
instituted, in such manner and for such time as the court may order, but not
less than once each week in four successive weeks, the last publication to be
not less than twenty-one days prior to the return date stated therein unless a
different time is prescribed by order of the court. [L 1972, c 89, §2A(o); HRS
§634-72; ren HRS §634-36; am L 1982, c 204, §8; am L 1983, c 124, §17; am L
1984, c 209, §4; am L 1985, c 68, §29; am L 1987, c 283, §62; am L 1990, c 29,
§1]
Rules of Court
Publication of summons, see HRCP rule 4.
Case Notes
Section 657-18 did not apply to toll the no-fault statute of
limitations where a nonresident motorist defendant was at all times subject to
the jurisdiction of Hawaii's courts and amenable to service of process under
its long-arm statutes as set forth in §634-33 and this section. 89 H. 1, 967
P.2d 1059 (1998).
Defendant, who was a citizen and resident of Japan, was
amenable to service by publication pursuant to this section where defendant's
address was unknown, and such service would not have been pre-empted by the
Hague Convention. 99 H. 488, 57 P.3d 413 (2002).
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1975–2026 · leading case:
Eto v. Muranaka, 57 P.3d 413 (Haw. 2002).
Eto v. Muranaka, 57 P.3d 413 (Haw. 2002).
· cites it 32× “Accordingly, it was held that “the tolling statute in HRS § 657-18 is inapplicable when a nonresident defendant is amenable to personal or substituted service of process as provided by HRS § 634-36 and the defendant can be brought within the personal jurisdiction of our courts.”
Shin v. McLaughlin, 967 P.2d 1059 (Haw. 1998).
· cites it 13× “See HRS § 634-36, supra note 5. The statutes, thus, designate a means of effectuating service of process upon motorists who are impossible or difficult to locate.”
Rearden Fam. Trust v. Wisenbaker, 65 P.3d 1029 (Haw. 2003).
· cites it 4× “As to Ae allegation that service by mail was not authorized under HRS § 634-24, we note Aat HRS § 634-35 allows for service pursuant to HRS § 634-36 if a "tortious act” was committed "wiAin Ais State.”
Bank of Hawaii v. Shinn, 200 P.3d 370 (Haw. 2008).
· cites it 2× “[17] Respondent cites to HRS 657-18 (1993), which tolls "causes of actions" if the defendant is out of state and unavailable, arguing that the extension of judgment should be tolled because Petitioner was outside the state.”
First Hawaiian Bank v. Powers, 998 P.2d 55 (Haw. App. 2000).
· cites it 5× “) HRS § 634-36 (1993) provides: Manner of service under sections 634-33 to 35.”
Norris v. Six Flags Theme Parks, Inc., 74 P.3d 26 (Haw. 2003).
· cites it 2× “(b) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this section, may be made as provided by section 634-36, if the person cannot be found in the State, with the same force and effect as though summons had been…”
Meaamaile v. Am. Samoa, 550 F. Supp. 1227 (D. Haw. 1982).
· cites it 2× “§ 634-36 provides as follows: Manner of service under sections 634-33 to 35.”
City Bank v. Glenn Constr. Corp., 68 F.R.D. 511 (D. Haw. 1975).
“The applicable procedures are found in § 634-36 which specifies that service be accomplished by leaving a certified copy of the summons with the director of regulatory agencies or his deputy, followed by personal or registered-mail service upon the defendant of notice of the…”
Kukui Gardens Corp. v. Holco Capital Grp., Inc., 664 F. Supp. 2d 1103 (D. Haw. 2008).
“ummons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may or *1118 der that service be made by publication of summons in at least one newspaper published in the State and having a general circulation in the circuit in which the action…”
Newtown Estates Cmty. Ass'n v. Walk the Good Life, LLC (Haw. App. 2026).
· cites it 8× “4 HRS § 634-36 (2016) provides, in relevant part: (b) If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one…”
Irongate Azrep BW LLC v. Wang (D. Haw. 2024).
“Magistrate Judge Wesley Reber Porter granted Irongate’s request in part, allowing service by publication in a newspaper pursuant to Hawai‘i Revised Statutes (“HRS”) § 634-36(b). ECF No. 11, PageID # 86. The order directed Irongate to file a proposed summons with the court by…”
— Haw. Rev. Stat. § 634-36(b) — 2 cases
Newtown Estates Cmty. Ass'n v. Walk the Good Life, LLC (Haw. App. 2026).
“4 HRS § 634-36 (2016) provides, in relevant part: (b) If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one…”
Irongate Azrep BW LLC v. Wang (D. Haw. 2024).
“Magistrate Judge Wesley Reber Porter granted Irongate’s request in part, allowing service by publication in a newspaper pursuant to Hawai‘i Revised Statutes (“HRS”) § 634-36(b). ECF No. 11, PageID # 86. The order directed Irongate to file a proposed summons with the court by…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.