Form 2DC40 "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 2DC40?

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.

Form Details:

  • Released on July 28, 2017;
  • 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;

Download a fillable version of Form 2DC40 by clicking the link below or browse more documents and templates provided by the Hawaii District Courts.

ADVERTISEMENT
ADVERTISEMENT

Download Form 2DC40 "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

325 times
Rate (4.7 / 5) 20 votes
E
P
M
S
P
P
Form #2DC40
x
artE
otion for
ErvicE of
rocESS by
oSting
c
M
; d
; d
and by
ErtifiEd
ail
Eclaration
Eclaration of
P
S
; o
d
S
P
rocESS
ErvEr
rdEr
irEcting
ErvicE of
rocESS
S
d
(
)
a
and
uMMoning
EfEndant
S
to
PPEar
(f
S
P
c
o
)
or
uMMary
oSSESSion
oMPlaintS
nly
i
t
d
c
S
c
n
hE
iStrict
ourt of thE
Econd
ircuit
d
iviSion
S
h
tatE of
awai
i
Plaintiff(s)
Reserved for Court Use
Civil No.
Defendant(s)
Filing Party(ies)/Filing Party(ies)’ Attorney (Name, Attorney
Number, Firm Name (if applicable), Address, Telephone and
Facsimile Numbers)
Premises Address:
Other Address(es):
Attempted Service Dates:
Attempted Service Dates:
Complaint Filing Date:
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 Hawai‘i 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.
Signature of Declarant:
Print/Type Name:
Date:
RepRogRaphics (25)
motpost 2d-e-254
(Rev 7/28/2017)
Page 1 of 2
Section 508 Certified
E
P
M
S
P
P
Form #2DC40
x
artE
otion for
ErvicE of
rocESS by
oSting
c
M
; d
; d
and by
ErtifiEd
ail
Eclaration
Eclaration of
P
S
; o
d
S
P
rocESS
ErvEr
rdEr
irEcting
ErvicE of
rocESS
S
d
(
)
a
and
uMMoning
EfEndant
S
to
PPEar
(f
S
P
c
o
)
or
uMMary
oSSESSion
oMPlaintS
nly
i
t
d
c
S
c
n
hE
iStrict
ourt of thE
Econd
ircuit
d
iviSion
S
h
tatE of
awai
i
Plaintiff(s)
Reserved for Court Use
Civil No.
Defendant(s)
Filing Party(ies)/Filing Party(ies)’ Attorney (Name, Attorney
Number, Firm Name (if applicable), Address, Telephone and
Facsimile Numbers)
Premises Address:
Other Address(es):
Attempted Service Dates:
Attempted Service Dates:
Complaint Filing Date:
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 Hawai‘i 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.
Signature of Declarant:
Print/Type Name:
Date:
RepRogRaphics (25)
motpost 2d-e-254
(Rev 7/28/2017)
Page 1 of 2
Section 508 Certified
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 Hawai‘i. 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).
Signature of Process Server:
Print/Type Name:
Date:
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.
V V V tHe process server mUst post botH tHis motion and V V V
tHe complaint for sUmmary possession
coUrt address
2145 Main Street, Courtroom 3C, Third Floor, Wailuku, Hawai'i 96793
[ ] Wailuku Division, (Regular Claims)
[ ] Wailuku Division (Small Claims)
2145 Main Street, Courtroom 3D, Third Floor, Wailuku, Hawai'i 96793
[ ] Lahaina Division
1870 Honoapi'ilani Highway, Lahaina, Hawai'i 96761
[ ] Hana Division
4974 Uakea Road, Hana, Hawai'i 96713
[ ] Moloka'i Division
55 Makaena Place, Kaunakakai, Moloka'i, Hawai'i 96748
[ ] Lana'i Division
312 8th Street, Lana'i City, Lana'i, Hawai'i 96763
mailing address for the court: 2145 Main Street, Room 106, Wailuku, Hawai‘i 96793
Date:
Judge
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. 244-2800,
FAX 244-2849, or email adarequest@courts.hawaii.gov at least (10) working days before your preceeding, hearing, or appointment date. For Civil
related matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141A, Wailuku, Hawai‘i 96793.
RepRogRaphics (25)
motpost 2d-e-254
Page 2 of 2
Clear form
Page of 2