Hawaii House Bill HB275

Hawaii 2022 Regular Session

• Introduced: 1/22/21
• Refer: 1/27/21

Caption

Relating To Service Of Process.

Impact

The enactment of HB 275 would significantly alter the operational framework surrounding the service of legal documents in Hawaii. By formalizing the list of independent civil process servers and outlining criteria for inclusion, the bill aims to enhance accountability and standardization in the service process. The Department of Public Safety and its employees will not be held liable for the actions of these independent process servers, providing a layer of legal protection while encouraging the involvement of private entities in this civic function.

Summary

House Bill 275 introduces amendments to Chapter 353C of the Hawaii Revised Statutes, which pertains to the service of process in the state. The bill establishes a requirement for the Director of Public Safety to maintain a list of independent civil process servers authorized to serve various legal documents, including orders to show cause, garnishments, writs of replevin and attachment, and writs of possession. This aims to streamline the process by providing clarity on who is responsible for serving these documents while also setting qualifications for the independent servers designated to these tasks.

Contention

While the bill's proponents argue that it will improve efficiency and ensure that individuals authorized to serve process are vetted and qualified, potential points of contention may arise regarding the implications of privatizing aspects of the legal service process. Critics may express concerns over the dependency on independent contractors and the potential for inconsistencies in service quality. Furthermore, any limitations on who can be listed as a process server could raise questions about access and fairness in the judicial process.