Detailed Answer
Under Hawaii law, you must serve process in compliance with the Hawaii Rules of Civil Procedure (HRCP) and the Hawaii Revised Statutes (HRS). When a defendant is a minor or an adult under court-appointed guardianship, you must notify both the individual and their parent, guardian, or legal representative. This ensures due process and protects vulnerable individuals.
Service on Minors
Hawaii does not allow service solely on minors. You must:
- Deliver the summons and complaint to the minor defendant.
- Serve the minor’s parent, legal guardian, or custodian over the age of 18 at the minor’s usual place of abode. (See HRCP Rule 4(d)(1), PDF p.13.)
- File proof of service with the court within the time limits specified in HRCP Rule 4(l). (See HRCP Rule 4(l), PDF p.16.)
Service on Individuals Under Guardianship
For an adult under guardianship, Hawaii Revised Statutes require notice to the guardian.
- Identify the court-appointed guardian. (Per Haw. Rev. Stat. § 560:5-201, HRS § 560:5-201.)
- Serve the summons and complaint on the guardian at the guardian’s usual place of abode. (See HRCP Rule 4(d)(1), PDF p.13.)
- Serve the protected person personally, if the court orders or if feasible. (Per Haw. Rev. Stat. § 560:5-205, HRS § 560:5-205.)
- Promptly file proof of service with the court under HRCP Rule 4(l). (See HRCP Rule 4(l), PDF p.16.)
Helpful Hints
- Check court rules: Always review the local family or probate court’s requirements in addition to HRCP.
- Guardian ad litem: If a guardian ad litem exists, serve them too.
- Proof of service: Use a licensed process server or sheriff for personal service.
- Time limits: File your proof of service before the statute of limitations expires.
- Verify guardianship: Confirm the guardian’s name and authority by reviewing court documents.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.