(a) When a Hawaii recipient is properly served with process issued by or in another state that commands the production of records in the actual or constructive possession of that person or business, and such process on its face purports to be a valid process based on a pending criminal investigation or prosecution in that other state, the Hawaii recipient shall comply with that process as if that process had been issued by a Hawaii court; provided that the issuing state has a statute authorizing the production of records held by out-of-state persons or businesses.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 806D-4

  • Properly served: means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process. See Hawaii Revised Statutes 806D-1
  • Recipient: means a person, as defined in § 701-118, or a business, as defined in § 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served. See Hawaii Revised Statutes 806D-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statute: A law passed by a legislature.
(b) The service of process issued by or in another state shall include the following information:

(1) The name, office, business address, telephone number, and electronic mail address of the person applying for the issuance of the service of process;
(2) The statute authorizing the production of records held by out-of-state persons or businesses; and
(3) The relevant criminal statutes upon which the pending investigation or prosecution is based.
(c) As used in this section, “Hawaii recipient” means a recipient who is physically present in the State of Hawaii.

  Previous
Next  
 Chapter 806D Contents