HRS §666-8
How to deliver court papers when someone cannot be found
This section explains how a summons and complaint must be delivered in a court case. It says to follow court rules, and if the person cannot be found in the circuit, you can serve them anywhere in the state. If they cannot be found in the state, the court can give special instructions for serving them.
courts
The statute, as written — Service
The summons shall be served as provided by the rules of court. In the event that any defendant cannot be served within the circuit, service may be made in any part of the State. If any defendant cannot be served with process within the State, and the facts shall appear by affidavit or otherwise to the satisfaction of the court, service as to such defendant may be made according to the special order of the court, but such order shall in any case include a direction to the officer to leave a certified copy of the complaint and summons with some agent or employee of mature years of the defendant, provided the agent or employee can be found upon the premises or elsewhere within the circuit, and also to affix in a conspicuous place upon the premises (as upon the wall of any store, shop, dwelling, or other building thereon, and if there is no such building, then upon some other permanent object thereon, as a tree or fence) a certified copy of the complaint and summons. The order shall further require that a certified copy of the complaint and summons be sent to the defendant by certified or registered mail, postage prepaid, unless it is shown by affidavit or otherwise to the satisfaction of the court that the address of the defendant is unknown and cannot be ascertained. [CC 1859, §941; am L 1905, c 95, §2; RL 1925, §2781; RL 1935, §4018; RL 1945, §10407; RL 1955, §240-8; HRS §666-8; am L 1972, c 90, §8(e)]
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