(a) Notwithstanding any other provision of law, in an action the principal subject matter of which is real property owned by a defendant who is not a resident of the State, service of summons may be made upon the defendant by sending the summons and complaint by certified, registered, or express mail, postage prepaid, with return receipt requested to the address of the defendant on file with the real property assessment office of the county in which the real property is located. The plaintiff or the plaintiff’s attorney shall file an affidavit showing that the summons and complaint were sent by certified, registered, or express mail, and the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon the delivery of the summons and complaint to the defendant in the event that the defendant does not sign and return the receipt, or shall be deemed complete upon the date the return receipt was signed by the defendant in the event that the defendant signs and returns the receipt within thirty days of delivery, whichever date is later.
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Terms Used In Hawaii Revised Statutes 634-29.5

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Summons: Another word for subpoena used by the criminal justice system.
(b) As used in this section, “real property owned by a defendant who is not a resident of the State” means real property for which the address on file with the real property assessment office of the county in which the property is located is an address that is not in this State.

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