HB2383

Report Title:

District Court; Service of Process Fees

 

Description:

Allows serving fees to be assessed for documents served by other than sheriffs or police officers.

HOUSE OF REPRESENTATIVES	H.B. NO.	2383
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to district court costs.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 607-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) [Sheriff's or police officer's] Serving fees:

(1) For serving any criminal summons, warrant, attachment, or other criminal process, $30 effective July 1, 2001.

(2) For serving any civil summons, warrant, attachment, or other civil process, $25 effective July 1, 2001.

(3) For every copy of an attachment and inventory of the property attached, served upon the defendant, $2.

(4) For serving any execution, 12 cents for every $1 collected up to $500, and 7 cents for every $1 over $500.

(5) For serving: subpoena, $25; and subpoena duces tecum or garnishee summons, $15 effective July 1, 2001.

(6) For every mile of travel, more than one, in serving any process, 40 cents; provided that (A) no allowance shall be made where the [serving officer] individual serving the document uses a conveyance furnished the serving officer by the State, or any political or municipal subdivision thereof; (B) where the [serving officer] individual serving the document serves more than one person in the course of one trip, the [serving officer] individual serving the document shall not charge, in the aggregate for all services, more than the mileage for the entire trip; and (C) as far as practicable, in order to minimize the mileage fees for the service, [the sheriff or other chief of the serving officers,] where service of process is to be made upon an island other than that upon which is situated the court issuing the process, [shall cause] the process [to] shall be transmitted to a deputy, the chief of police or other [serving officer] individual upon the island of service, who shall make the service upon receipt of the process; and the service shall be valid, notwithstanding that the process may not be addressed to the [officer] individual actually making the service or to the [officer's] individual's superior.

In lieu of any fee under this subsection, the fee may be an hourly rate of not less than $50 per hour agreed upon in advance between the party requesting the service and the [sheriff or police officer] individual performing the service."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________