Hawaii Senate Bill SB328

Hawaii 2022 Regular Session

• Introduced: 1/22/21
• Refer: 1/25/21

Caption

Relating To Service Of Process.

Impact

The bill seeks to improve the efficiency and accountability of the service of process by formalizing the role of independent civil process servers. By creating a standardized list and setting eligibility criteria for these servers, the legislation aims to mitigate potential legal issues arising from improperly served documents. Moreover, it clarifies the limitations of liability for the State and its employees regarding the actions of the independent process servers, thus protecting them from legal repercussions related to the service they perform.

Summary

SB328 aims to amend the Hawaii Revised Statutes by reinstating provisions related to the service of process that were repealed in 2020. The bill mandates the Director of Public Safety to maintain a list of independent civil process servers authorized to serve various legal documents, such as orders to show cause, garnishments, and writs of possession. This new framework intends to streamline the process by which these critical legal documents are delivered, ensuring that individuals involved in legal disputes receive timely and proper notification.

Contention

Debate surrounding SB328 may center on the balance it seeks to achieve between efficient legal proceedings and the rights of individuals facing service processes. While proponents argue that the bill enhances legal efficiency and holds servers accountable through established criteria, opponents may express concerns regarding the potential lack of accessibility for individuals who may find it more challenging to navigate this system, particularly if they cannot find an independent server. Furthermore, provisions concerning the limitations of liability might generate discourse about accountability in enforcing legal actions.