HI · rules
Haw. Prob. R. 8
PROOF OF SERVICE
A party required to prove service shall file (a) a written acknowledgment of service by the party or attorney served, or (b) an affidavit by the person making the service, together with original signed return receipts, or (c) a certificate of service by the attorney, or (d) any other proof satisfactory to the court, unless otherwise provided by law or by these rules. The filing of a postal return receipt, receipt for notice, waiver of notice, or joinder, signed by the addressee or the parent of a minor addressee, is prima facie proof of service on the person who signed such document. A party who is prejudiced by failure to receive due notice or to be served, or who is prejudiced by reason that service was made by mail or publication, may petition the court for appropriate relief.
COMMENTARY:
The statutes are silent as to the proper method of making proof of service. This rule allows receipts to be filed, an affidavit of service to be filed, or any other method to be used that establishes on the record that notice was given. A proof of service under Rule 8(b) relying on postal return receipts must attach the return receipts. A document properly addressed and mailed is presumed to be received in the ordinary course of mail.
(Commentary amended June 15, 2010, effective July 1, 2010.)
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-06-2026-07-01
- Content hash
f2ea9fb7089464843f4249fc37f1677e0cff10aab1a86c0988df789814ac995e
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