Ex Parte Motion For Service Of Process By Posting And By Certified Mail {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) IN THE DISTRICT COURT OF THE THIRD CIRCUIT DIVISION Form #3DC40 STATE OF HAWAI`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: Date: Print/Type Name: Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com MOTPOST 3D-P-290 REPROGRAPHICS (04/12) RevaComm 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: Date: Print/Type Name: 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. THE PROCESS SERVER MUST POST BOTH THIS MOTION AND THE COMPLAINT FOR SUMMARY POSSESSION COURT ADDRESS North & South Hilo Division 777 Kilauea Avenue, 2nd Floor, Hilo, Hawai`i 96720-4212 Puna Division 777 Kilauea Avenue, 2nd Floor, Hilo, Hawai`i 96720-4212 North & South Kona Division 79-1020 Haukapila Street, Kealakekua, Hawai`i 96750 - Division -- To be heard at North & South Kona Division Ka`u Kona: 79-1020 Haukapila Street, Kealakekua, Hawai`i 96750 South Kohala Division 67-5187 Kamamalu Street, Kamuela, Hawai`i 96743 - ma kua Division -- To be heard at South Kohala Division Ha 67-5187 Kamamalu Street, Kamuela, Hawai`i 96743 North Kohala Division -- To be heard at South Kohala Division 67-5187 Kamamalu Street, Kamuela, Hawai`i 96743 Mailing Address for the court: 777 Kilauea Avenue, Hilo, Hawai`i 96720-4212 79-1020 Haukapila Street, Kealakekua, Hawai`i 96750 67-5187 Kamamalu Street, Kamuela, Hawai`i 96743 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. 961-7424, FAX 961-7411, OR TTY 961-7422 at least (10) working days in advance of your hearing, or appointment date. Date: REPROGRAPHICS (04/12) RevaComm 508 Certified Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com MOTPOST 3D-P-290