Ex Parte Motion For Service Of Process By Posting And By Certified Mail {3DC40}

Form 3DC40 - 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). This form is used exclusively in summary possession (eviction) cases filed in the District Court of the Third Circuit in Hawai‘i. This form allows a landlord (plaintiff) to request court permission to serve an eviction complaint on a tenant (defendant) using alternative methods—posting the complaint at the rental premises and sending it by certified mail—when traditional personal service has been unsuccessful. The motion is supported by a declaration from the plaintiff or their attorney and a declaration from a process server confirming multiple failed attempts to personally serve the defendant at known addresses. The process server must also affirm that the defendant is believed to still reside or conduct business in Hawai‘i but is avoiding service. If granted, the court issues an order authorizing this alternate service and sets a hearing date requiring the defendant to appear. www.FormsWorkflow.com