reglab/housing_qa huggingface dataset:
HI Rev Stat § 634-11 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-11 Interpleader; application for order by sheriff, deputy sheriff, police officer, or independent civil process server.

  §634-11 Interpleader; application for order by sheriff, deputy sheriff, police officer, or independent civil process server. When, in the execution of process against goods and chattels issued by or under the authority of the courts of the State, by reason of claims made to such goods and chattels by assignees of bankrupts and other persons not being the parties against whom such process had issued, whereby the sheriff, deputy sheriffs, police officers, or independent civil process servers from the department of public safety's list under section 353C-11 are exposed to the hazard and expense of actions, any such claim shall be made to any goods or chattels taken or intended to be taken in execution under any such process or to the proceeds or value thereof, it shall be lawful for the court, out of which the execution shall have issued, or any judge thereof, upon application of the sheriff, deputy sheriff, police officer, or independent civil process server made before or after the return of such process, and as well before as after any action brought against the sheriff, deputy sheriff, police officer, or independent civil process server to call before it or the judge by rule, order, or summons, as well the party issuing such process as the party making the claim. Thereupon the court or judge shall, for the adjustment of the claims and the relief and protection of the sheriff, deputy sheriff, police officer, or independent civil process server, make such rules, orders, and decisions as shall appear to be just according to the circumstances of the case. The costs of all such proceedings shall be in the discretion of the court or judge. [L 1876, c 33, §5; RL 1925, §2872; RL 1935, §4061; RL 1945, §10043; RL 1955, §230-13; am L 1963, c 85, §3; HRS §634-43; ren HRS §634-11; am L 1980, c 232, §32; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §6; am L 2013, c 116, § §8, 25(7); am L 2015, c 101, §4; am L 2021, c 41, §8] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4. Case Notes  Did not apply to district courts under prior law. 6 H. 254 (1879).
HI Rev Stat § 634-12 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-12 Sale of property seized on execution, when.

  §634-12 Sale of property seized on execution, when. When goods or chattels have been seized in execution by the sheriff, deputy sheriff, a police officer, or an independent civil process server from the department of public safety's list under section 353C-11 under process of any court, and some third person claims to be entitled under a bill of sale, chattel mortgage, or otherwise, to the goods and chattels by way of security for a debt, the court or a judge may order a sale of the whole or part thereof, upon such terms as to the payment of the whole or part of the secured debt or otherwise as it or the judge shall think fit; and may direct the application of the proceeds of sale in such manner and upon such terms as to the court or judge may seem just. [L 1876, c 33, §7; RL 1925, §2874; RL 1935, §4063; RL 1945, §10045; RL 1955, §230-15; am L 1963, c 85, §3; HRS §634-45; ren HRS §634-12; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §7; am L 2013, c 116, § §9, 25(8); am L 2015, c 101, §4; am L 2021, c 41, §9] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4. Case Notes  Did not apply to district courts under prior law. 6 H. 254 (1879).  Claimant of goods seized by sheriff on execution not authorized to apply for order of interpleader. 13 H. 88 (1900).
HI Rev Stat § 634-13 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-13 Questions of law; submission to supreme court.

  §634-13 Questions of law; submission to supreme court. In all cases of interpleader proceedings where the question is one of law and the facts are not in dispute, the judge shall be at liberty at the judge's discretion to decide the question without directing an action or issue, and (if the judge shall think it desirable) to order that a special case be stated for the opinion of the supreme court, and the proceedings upon such case shall (as nearly as may be) be the same as upon a submission to the court according to law. [L 1876, c 33, §9; RL 1925, §2876; RL 1935, §4065; RL 1945, §10047; RL 1955, §230-17; HRS §634-47; ren HRS §634-13; gen ch 1985] Rules of Court  Interpleader, see HRCP rule 22. Case Notes  Did not apply to district courts under prior law. 6 H. 254 (1879).
HI Rev Stat § 634-21 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-21 Service of process, by whom.

Note Working group to define duties and responsibilities of process servers under the department of public safety's jurisdiction; create a process of registration, etc. (repealed June 30, 2020). L 2013, c 116, § §20 to 23, 25; L 2015, c 101, §4.  Rules of Court See Hawaii Electronic Filing and Service Rules.  §634-21 Service of process, by whom. Except as otherwise provided, service of all process and orders shall be made by the sheriff or the sheriff's deputy, the chief of police of the county in which the service is made or the chief's duly authorized subordinate, some other person specially appointed by the court for the purpose, any investigator appointed and commissioned by the director of commerce and consumer affairs pursuant to section 26-9(j), or a person authorized by the rules of court. CC 1859, §1102; am L 1898, c 5, §1; am L 1911, c 60, §1; RL 1925, §2341; am L 1929, c 13, §1; RL 1935, §4076; RL 1945, §10058; RL 1955, §230-28; am L 1963, c 85, §3; HRS §634-56; am L 1972, c 89, §2A(d); ren HRS §634-21; gen ch 1985; am L 1989, c 123, §2 and c 211, §10; am L 1990, c 281, §11; am L 1993, c 173, §2; am L 1994, c 9, §1 Rules of Court  See HRCP rule 4; DCRCP rule 4; RCC rules 2(d), 5, 28, 31(a)(3); HFCR rules 4, 5; HPR rule 7. Case Notes Cases prior to adoption of the Hawaii Rules of Civil Procedure.  Service on agent doing business in Hawaii good. 2 H. 453 (1861).  Service on manager at corporation office, president being out of country, good. 6 H. 259 (1879).  Formal requisites of documents for service; no need to attach to declaration copy of custom house orders. 7 H. 314 (1888).  Sheriffs not plaintiff serve process. 14 H. 448 (1902).  A copy of summons lacking court seal or clerk's signature is fatally defective and cannot be cured by amendment. 14 H. 627 (1903).  Service on agent. 15 H. 401 (1904); 15 H. 628 (1904).  Service of process in district court. 15 H. 486 (1904).  Not necessary to attach copy of note where suit is on oral promise to pay note. 17 H. 32 (1905).  Not applicable to writ of error. 18 H. 392 (1907).  A general appearance by attorneys cures defect in service. 18 H. 602 (1908).  Return of service not invalidated by failure to show it was made as required by statute, presumption. 19 H. 494 (1909).  Who may certify copy of summons. 20 H. 352 (1911); 20 H. 548 (1911); 22 H. 723, 725 (1915).  Garnishment of defendant's debtor is sufficient notice to defendant who is not and never has been an inhabitant of Hawaii. 22 H. 321 (1914).  Substituted service, district court. 34 H. 328 (1937).  Cited: 2 U.S.D.C. Haw. 301, 302 (1905).
HI Rev Stat § 634-22 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-22 Return.

  §634-22 Return. In all cases where any process or order of a court is served by any officer of the court or of the police force or the sheriff, a deputy sheriff, an independent civil process server from the department of public safety's list under section 353C-11, or any investigator appointed and commissioned by the director of commerce and consumer affairs pursuant to section 26-9(j), a record thereof shall be endorsed upon the back of the process, complaint, order, or citation. The record shall state the name of the person served and the time and place of service and shall be signed by the sheriff, deputy sheriff, police officer, independent civil process server, or investigator making the service. If the sheriff, deputy sheriff, police officer, independent civil process server, or investigator fails to make service, the sheriff, deputy sheriff, police officer, independent civil process server, or investigator in like manner, shall endorse the reason for the sheriff's, deputy sheriff's, police officer's, independent civil process server's, or investigator's failure and sign this record. When service is made by a person specially appointed by the court, or an independent civil process server, that person shall make declaration or affidavit of that service.  The record, declaration, or affidavit shall be prima facie evidence of all it contains, and no further proof thereof shall be required unless either party desires to examine the sheriff, deputy sheriff, police officer, independent civil process server, or investigator making service, in which case the sheriff, deputy sheriff, police officer, independent civil process server, or investigator shall be notified to appear for examination. [L 1888, c 57; RL 1925, §2342; RL 1935, §4078; RL 1945, §10060; RL 1955, §230-30; am L 1963, c 85, §3; HRS §634-58; am L 1972, c 89, §2A(e); ren HRS §634-22; gen ch 1985; am L 1989, c 123, §3 and c 211, §10; am L 1990, c 281, §11; am L 1993, c 173, §3; am L 1994, c 9, §2; am L 2012, c 142, §8; am L 2013, c 116, § §10, 25(9); am L 2015, c 101, §4; am L 2021, c 41, §10] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4. Rules of Court  As to circuit courts, see HRCP rule 4(g), (h); as to district courts, see DCRCP rule 4(g), (h); as to family courts, see HFCR rule 4.  Probate proceedings, see HPR rule 8. Case Notes  Officers who may serve. 15 H. 486 (1904).  Record sufficient evidence. 16 H. 427 (1905).  Return not invalidated by failure to show that it was made as required by statute. Presumption of validity in absence of contrary showing. 19 H. 494 (1909).  Conflicting interests of serving officers. 40 H. 279 (1953).  Return is prima facie evidence of all it contains. 48 H. 306, 402 P.2d 440 (1965).
HI Rev Stat § 634-24 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-24 Service outside the State or by registered mail.

  §634-24 Service outside the State or by registered mail. [(a)] In any case in which, under section 634-23, provision is made for service of summons as provided by this section, personal service shall be made upon the defendant wherever found or the defendant shall be served by registered or certified mail with request for a return receipt and marked deliver to addressee only, as ordered by the court. A certified copy of the order, the summons and the complaint shall be served, and the service shall be evidenced by an affidavit showing that the required papers were sent by registered or certified mail as aforesaid, and by the receipt signed by the defendant and filed with the affidavit, or in the case of personal service by the return of the serving officer or the affidavit of any other person authorized to serve process in the place where the defendant is found or appointed by the court to make the service.  [(b)] The affidavit required by this section shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to satisfy the requirements of this section and any other pertinent facts. [CC 1859, §1104; am L 1903, c 5, §1; RL 1925, §2344; am L 1929, c 43, §2; RL 1935, §4080; RL 1945, §10062; RL 1955, §230-32; HRS §634-60; am L 1972, c 89, §2A(g); ren HRS §634-24; am L 1976, c 183, §2; gen ch 1985] Case Notes  See 10 H. 668, 673 (1897); 35 H. 689, 710 (1940); 46 H. 1, 373 P.2d 710 (1962); 50 H. 484, 443 P.2d 155 (1968).
HI Rev Stat § 634-25 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-25 Personal service on resident outside the State.

  §634-25 Personal service on resident outside the State. [(a)] Whenever a defendant, being a resident of the State, cannot be served within the State[,] personal service may be made upon the defendant outside the State by any person authorized to serve process in the place in which the defendant may be found or specially appointed by the court to make the service[,] which service shall be evidenced by the return of the serving officer or by affidavit and shall be of the same legal force and validity as if made within the State.  [(b)] The affidavit required by this section shall set forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to satisfy the requirements of this section and any other pertinent facts. [L 1972, c 89, §2A(h); HRS §634-60.5; ren HRS §634-25; am L 1976, c 183, §3; gen ch 1985]
HI Rev Stat § 634-26 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-26 Form of published notice.

  §634-26 Form of published notice. The published notice provided for by section 634-23 shall be in the form of a summons, without a caption but referring to the complaint or petition, stating briefly the object of the action or proceeding[,] with a brief description of the property involved, and calling upon the persons to whom it is addressed to plead on or before a return day stated in the notice. [L 1917, c 67, §3; RL 1925, §2347; am L 1929, c 43, §4; RL 1935, §4083; RL 1945, §10065; RL 1955, §230-36; HRS §634-63; am L 1972, c 89, §2A(i); ren HRS §634-26] Rules of Court  Publication of summons, see HRCP rule 4.
HI Rev Stat § 634-27 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-27 Substituted service of summons in attachment cases.

  §634-27 Substituted service of summons in attachment cases. In all cases where a writ of attachment is issued out of any court in accordance with chapter 651, relating to attachments, if it appears by affidavit or otherwise to the satisfaction of the judge that the defendant in attachment was never a resident of the State, or has removed therefrom, or that the defendant secretes oneself so that process cannot be personally served upon the defendant, the judge may order that service be made by publication as provided in section 634-23, or in the manner provided in section 634-24, and with like effect. Upon the trial of the cause the defendant thus summoned, if the defendant does not appear, may be declared to be in default, and the court may proceed to hearing and judgment, and may issue execution against the property upon which attachment has been levied. [L 1917, c 67, §1; RL 1925, §2345; am L 1929, c 43, §3; RL 1935, §4081; RL 1945, §10063; RL 1955, §230-34; HRS §634-61; ren HRS §634-27; gen ch 1985] Rules of Court  See HRCP rules 4(e), (f), 64, 69.
HI Rev Stat § 634-28 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-28 Form of judgment.

  §634-28 Form of judgment. The judgment rendered in such a cause shall be in form a personal judgment against the defendant or defendants, but shall not be valid, except for the purpose of the issuance of the levy of execution and of sale upon the property so attached. [L 1917, c 67, §2; RL 1925, §2346; RL 1935, §4082; RL 1945, §10064; RL 1955, §230-35; HRS §634-62; ren HRS §634-28] Rules of Court  See HRCP rules 64, 69.
HI Rev Stat § 634-291 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-291 In case of attachment, etc., of real property.

  §634-291 In case of attachment, etc., of real property. In all cases of attachment, sequestration, or injunction of real property, the sheriff, deputy sheriff, police officer, or independent civil process server from the department of public safety's list under section 353C-11 serving the writ shall, in addition to personal delivery of a copy thereof to the defendant, post upon the premises a copy of the process, and a notice of the day and hour when attached, sequestrated, or enjoined, and shall also give notice thereof in a newspaper or newspapers suitable for the advertisement of judicial proceedings. But in all cases where a writ of attachment is issued in accordance with chapter 651 relating to attachments, and the defendant in attachment was never a resident of the State or has departed from the State or secretes oneself so that the writ of attachment cannot be personally served upon the defendant, personal service of the writ upon the defendant may be dispensed with. All after-leases, mortgages, sales, devises, assignments, trusts, or other conveyances of the property, until the dissolution of the process, shall be void in law as against the plaintiff in such cases. [CC 1859, §1124; am L 1903, c 5, §1; am imp L 1917, c 67, §1; RL 1925, §2348; RL 1935, §4084; RL 1945, §10066; RL 1955, §230-37; HRS §634-64; ren HRS §634-29; gen ch 1985; am L 2013, c 116, § §11, 25(10); am L 2015, c 101, §4; am L 2021, c 41, §11] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4. Rules of Court  See HRCP rules 4(e), (f), 64, 65; DCRCP rule 64.  Proof of publication, see RCC rule 11. Case Notes  Execution must be postponed to the lien of a prior attachment. 6 H. 564 (1885).  Compliance with statute while essential to completion of a title under the lien established by the levy of attachment constitutes no part of the levy itself. 26 H. 342 (1922).  Section is in pari materia with § §651-44 and 651-49 and a mortgage made subsequent to attachment is void as against attaching creditor. 51 H. 164, 454 P.2d 116 (1969).  Valid attachment is dissolved only if defendant puts up bond or recovers judgment, or action is discontinued or dismissed. 51 H. 164, 454 P.2d 116 (1969).
HI Rev Stat § 634-29.5 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-29.5 Service in cases involving real property.

 §634-29.5 Service in cases involving real property. (a) Notwithstanding any other provision of law, in an action the principal subject matter of which is real property owned by a defendant who is not a resident of the State, service of summons may be made upon the defendant by sending the summons and complaint by certified, registered, or express mail, postage prepaid, with return receipt requested to the address of the defendant on file with the real property assessment office of the county in which the real property is located. The plaintiff or the plaintiff's attorney shall file an affidavit showing that the summons and complaint were sent by certified, registered, or express mail, and the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon the delivery of the summons and complaint to the defendant in the event that the defendant does not sign and return the receipt, or shall be deemed complete upon the date the return receipt was signed by the defendant in the event that the defendant signs and returns the receipt within thirty days of delivery, whichever date is later.  (b) As used in this section, "real property owned by a defendant who is not a resident of the State" means real property for which the address on file with the real property assessment office of the county in which the property is located is an address that is not in this State. [L 2018, c 94, §2]
HI Rev Stat § 634-30 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-30 Organizations and associations, service of process on; judgment.

  §634-30 Organizations and associations, service of process on; judgment. When two or more persons associate and act, whether for profit or not, under a common name, including associating and acting as a labor organization or employer organization, whether the common name comprises the names of the persons or not, they may sue in or be sued by the common name, and the process shall be served on any officer, trustee, or agent of the association if an officer, trustee, or agent can be found, or if no officer, trustee, or agent can be found as shown by the return of the serving officer, then upon any one or more members of the association, or as otherwise provided by rule of court. Any such service constitutes service upon the association. The judgment in those cases shall accrue to the joint or common benefit of and bind the joint or common property of the association, the same as though all members had been named as parties to the action. No judgment shall be enforceable against any person or the person's individual assets unless the:  (1) Person has been joined and served as an individual party to the action; or  (2) Judgment is so enforceable pursuant to section 634-3 or any other law. [L Sp 1949, c 4, §1; RL 1955, §230-39; HRS §634-66; am L 1972, c 89, §2A(j); ren HRS §634-30; am L 2016, c 55, §27] Rules of Court  Actions relating to unincorporated associations, see HRCP rule 23.2.  Execution, see HRCP rule 69.  Service, see HRCP rule 4. Case Notes  Mentioned with respect to validity of personal judgment against creditors and stockholders of a corporation. 59 H. 189, 579 P.2d 99 (1978).
HI Rev Stat § 634-31 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-31 Same; nonresidents; service.

  §634-31 Same; nonresidents; service. The transaction of any acts, business, or activities within the State by any officer, agent, representative, employee, or member of any such association having officers, agents, members, or property without the State, on behalf of such association, or any of its members or affiliated local associations, shall subject the association and its members to the jurisdiction of the courts of this State in any action or proceeding against or involving the association growing out of the acts, business, or activities within the State giving rise to any cause of action, and the acts, business, or activities shall be a signification of the agreement of the association and its members that any legal process or notice in any action, matter, or proceeding against or involving it, which is served shall be of the same legal force and validity as if served upon the association and its members personally. Service of such process or notice shall be made by registered mail to the association at its last known address and an affidavit of compliance with this section shall be filed with the court or other state agency or department before which the action, matter, or proceeding is pending. The filing shall be deemed service upon the association and its members twenty days after the filing. [L Sp 1949, c 4, §2; RL 1955, §230-40; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §634-67; am L 1972, c 89, §2A(k); ren HRS §634-31; am L 1983, c 153, §4; am L 1984, c 209, §1] Cross References  Use of certified mail, see §1-28. Rules of Court  See HRCP rule 4.
HI Rev Stat § 634-32 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|634. Civil Actions and Proceedings, Generally|634-32 Other laws not affected.

 §634-32 Other laws not affected. Nothing contained in sections 634-30 and 634-31 shall be construed to amend or repeal chapter 425 or 432, article 1, or section 634-3. [L Sp 1949, c 4, §3; RL 1955, §230-41; HRS §634-68; ren HRS §634-32; am L 2016, c 55, §28]