Ex Parte Motion For Service Of Process By Posting And By Certified Mail {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 SUMM ONING DEFENDANT(S) TO APPEAR (FOR SUMM ARY POSSESSION COMPLAINTS ONLY) IN THE DISTRICT COURT OF THE FIRST CIRCUIT Choose One _ _____________________________ DIVISION STATE OF HAWAI'I Plaintiff(s) Reserved for Court U se Civil No. Defendant(s) Filing Party/Attorney Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Fax Numbers Premises Address: Other Address(es): Attempted Service Dates: ________________________________ Attempted Service Dates:_________________________________ Complaint Filing Date: EX PARTE M OTION FOR SERVICE OF PROCESS BY POSTING AND BY CERTIFIED M AIL Plaintiff(s) request(s) 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 FOLLOW ING IS TRUE AND CORRECT: I am the Plaintiff or the attorney for Plaintiff. 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: Date: Print/Type Name: SEE PAGE 2 (Rev. 03/01/2010) 1D-P-779 CommonLook® 508 Certified Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Reprographics (03/10) 1DC Form#1DC40 DECLARATION OF PROCESS SERVER I DECLARE UNDER PENALTY OF PERJURY THAT THE FOLLOW ING 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. I attempted service on the Attempted Service Dates at the Premises Address and Other Addresses listed on page 1, that are the only known addresses for Defendant. I have checked the telephone directory of this circuit and I have not been able to find any other address for Defendant. Despite my efforts, I have not been able to locate and serve Defendant. I am informed and believe that Defendant 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: Date: Print/Type Name: ORDER DIRECTING SERVICE OF PROCESS AND SUM M ONING DEFENDANT TO APPEAR THE STATE OF HAW AI'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 AUTHORIZED TO SERVE PROCESS IN THE STATE OF HAW AI'I: W HEREAS, the Plaintiff has moved this Court for a special Order Directing Service of Process on Defendant 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 M otion and the Complaint for Summary Possession with some agent or employee of Defendant, 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 that 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 shall send to Defendant, 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 mailing in the appropriate form. IT IS FURTHER ORDERED that Defendant shall appear before the Presiding Judge of this Court in his/her Courtroom, at the address indicated below on ___________________________________, _________________________________________________,20___ at _________________________ a.m. to respond to the Complaint for Summary Possession. * * * * * THE PROCESS SERVER MUST POST BOTH THIS MOTION * * * * * AND THE COMPLAINT FOR SUMMARY POSSESSION COURT ADDRESS G G G G G Honolulu Division `Ewa Division Ko`olaupoko OR Ko`olauloa Division Wahiawâ OR Waialua Division Wai`anae Division 1111 Alakea Street, 10th Floor, Honolulu, Hawai`i 870 Fourth Street, Pearl City, Hawai`i 45-939 Po`okela Street, Kâne'ohe, Hawai`i 1034 Kilani Avenue, Wahiawâ, Hawai`i 4675 Kapolei Parkway, Kapolei, Hawai`i M ailing address for the Court: 1111 Alakea Street, 3rd Floor, Honolulu, Hawai`i 96813 Date: Judge In accordance with the Americans with Disabilities Act and other applicable state and federal laws, if you require an accommodation for a disability when working with a court program, service, or activity, please contact the District Court Administration Office at PHONE NO. 538-5121, FAX 538-5233, or TTY 539-4853 at least ten (10) working days before your proceeding, hearing, or appointment date. For all Civil related matters, please call 538-5151 or visit the District Court Service Center at 1111 Alakea Street, Third (3 rd ) Floor. (Rev. 03/01/2010) 1D-P-779 CommonLook® 508 Certified Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Form #1DC40