Form 1DC40 Ex Parte Motion for Service of Process by Posting and by Certified Mail; Declaration; Declaration of Process Server; Order Directing Service of Process and Appearance of Defendant(S) (For Summary Possession Complaints Only) - Hawaii

Form 1DC40 Ex Parte Motion for Service of Process by Posting and by Certified Mail; Declaration; Declaration of Process Server; Order Directing Service of Process and Appearance of Defendant(S) (For Summary Possession Complaints Only) - Hawaii

What Is Form 1DC40?

This is a legal form that was released by the Hawaii District Courts - a government authority operating within Hawaii. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is Form 1DC40?
A: Form 1DC40 is an Ex Parte Motion for Service of Process by Posting and by Certified Mail; Declaration; Declaration of Process Server; Order Directing Service of Process and Appearance of Defendant(S). It is specifically used for Summary Possession Complaints in Hawaii.

Q: What is the purpose of Form 1DC40?
A: The purpose of Form 1DC40 is to request permission from the court to serve process by posting and certified mail in summary possession complaints in Hawaii.

Q: What is service of process?
A: Service of process refers to the delivery of legal documents, such as complaints or summons, to a person who is involved in a legal case.

Q: What does it mean to serve process by posting?
A: Serving process by posting means that the legal documents are physically posted in a visible location, such as on a door or bulletin board, at the address where the defendant can see it.

Q: What does it mean to serve process by certified mail?
A: Serving process by certified mail means that the legal documents are sent to the defendant via mail with a certified mail receipt to ensure proof of delivery.

Q: What is a declaration?
A: A declaration is a written, signed statement that presents facts or evidence under oath. It is often used to support or oppose a motion or request in a legal proceeding.

Q: What is a process server?
A: A process server is a person who serves legal documents, such as complaints or summonses, to individuals involved in a legal case.

Q: What is an ex parte motion?
A: An ex parte motion is a motion that is brought before the court by one party without giving prior notice to the other party. It is typically used when there is an urgent or emergency situation.

Q: What is an order directing service of process and appearance of defendant?
A: An order directing service of process and appearance of defendant is a court order that instructs how the legal documents should be served to the defendant and requires the defendant to appear in court.

Q: When is Form 1DC40 used?
A: Form 1DC40 is used in Hawaii for summary possession complaints, which typically involve eviction proceedings for residential or commercial properties.

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Form Details:

  • Released on March 1, 2010;
  • The latest edition provided by the Hawaii District Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 1DC40 by clicking the link below or browse more documents and templates provided by the Hawaii District Courts.

Download Form 1DC40 Ex Parte Motion for Service of Process by Posting and by Certified Mail; Declaration; Declaration of Process Server; Order Directing Service of Process and Appearance of Defendant(S) (For Summary Possession Complaints Only) - Hawaii

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