Process Server Order Directing Service of Process

IN THE DISTRICT COURT OF THE THIRD CIRCUIT

DIVISION

STATE OF HAWAI'I

EX PARTE MOTION FOR SERVICE OF PROCESS BY POSTING AND BY CERTIFIED MAIL

Plaintiff(s) requests that this Motion be granted for the reasons stated in the Declaration below. This Motion is based on the District Court Rules of Civil Procedure, Rule 4(e) and Hawaiʻi Revised Statutes §666-8.

DECLARATION

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOLLOWING IS TRUE AND CORRECT: I am Plaintiff(s) or the attorney for Plaintiff(s). I caused the Complaint for Summary Possession to be filed on the Complaint Filing Date listed above. Based upon the Declaration of the Process Server below, service by posting and certified mail is necessary as described in Hawai'i Revised Statutes §666-8.

DECLARATION OF PROCESS SERVER

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOLLOWING IS TRUE AND CORRECT: I am a person authorized to serve process in the State of Hawaiʻi. I have personal knowledge of the statements in this declaration and am competent to testify to these matters. I was engaged by Plaintiff to serve a certified copy of the Complaint for Summary Possession on Defendant(s). I attempted service on the Attempted Service Dates at the Premises Address and Other Address(es) listed on page 1, that are the only known address(es) for Defendant(s). I have checked the telephone directory of this circuit and I have not been able to find any other address for Defendant(s). Despite my efforts, I have not been able to locate and serve said Defendant(s). I am informed and believe that Defendant(s) continues to reside and/or do business in the State of Hawai'i but is avoiding service of process. (Attach continuation page, if necessary).

ORDER DIRECTING SERVICE OF PROCESS AND SUMMONING DEFENDANT TO APPEAR

THE STATE OF HAWAI'I

TO THE SHERIFF, OR THE CHIEF OF POLICE OF THIS CIRCUIT, OR THEIR DEPUTY, OR THEIR DULY AUTHORIZED SUBORDINATES IN THIS CIRCUIT OR ANY PERSON DULY AUTHORIZED TO SERVE PROCESS IN THE STATE OF HAWAI'I:

WHEREAS, the Plaintiff has moved this Court for a special Order Directing Service of Process on Defendant(s) by Posting Complaint for Summary Possession on the Premises and by Certified Mail at the Premises Address listed on page 1;

NOW, THEREFORE, YOU ARE COMMANDED to leave certified copies of this Motion and the Complaint for Summary Possession with some agent or employee of Defendant(s), provided an agent or employee can be found upon the premises or elsewhere within the circuit, and also to affix in a conspicuous place upon the certain premises located at Premises Address listed on page 1, certified copies of this Motion and the Complaint for Summary Possession, such posting to be not less than ten (10) days before the return date, and make due return of this Order with what you have done endorsed thereon.

IT IS FURTHER ORDERED that Plaintiff send to Defendant(s), by certified mail, return-receipt requested, certified copies of this Motion and the Complaint for Summary Possession and file in these proceedings a declaration of the certified mail in the appropriate form.

IT IS FURTHER ORDERED that Defendant(s) shall appear before the Presiding Judge of this Court in his/her Courtroom, at the address below on 20 at a.m. to respond to the Complaint filed herein.

*** THE PROCESS SERVER MUST POST BOTH THIS MOTION AND ***
THE COMPLAINT FOR SUMMARY POSSESSION

COURT ADDRESS

Kona: 79-1020 Haukapila Street, Kealakekua, Hawaiʻi 96750

67-5187 Kamamalu Street, Kamuela, Hawaiʻi 96743

67-5187 Kamamalu Street, Kamuela, Hawaiʻi 96743

Mailing Address for the court:

♿ In accordance with the Americans with Disabilities Act, and other applicable State and Federal laws, if you require an accommodation for your disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. 961-7424, FAX 961-7411, OR TTY 961-7422 at least (10) working days in advance of your hearing, or appointment date.