Form 1DC40 Ex Parte Motion for Service of Process by Posting and by Certified Mail; Declaration; Declaration of Process Server; Order Directing Service of Process and Appearance of Defendant(S) (For Summary Possession Complaints Only) - Hawaii

What Is Form 1DC40?

This is a legal form that was released by the Hawaii District Courts - a government authority operating within Hawaii. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is Form 1DC40?
A: Form 1DC40 is an Ex Parte Motion for Service of Process by Posting and by Certified Mail; Declaration; Declaration of Process Server; Order Directing Service of Process and Appearance of Defendant(S). It is specifically used for Summary Possession Complaints in Hawaii.

Q: What is the purpose of Form 1DC40?
A: The purpose of Form 1DC40 is to request permission from the court to serve process by posting and certified mail in summary possession complaints in Hawaii.

Q: What is service of process?
A: Service of process refers to the delivery of legal documents, such as complaints or summons, to a person who is involved in a legal case.

Q: What does it mean to serve process by posting?
A: Serving process by posting means that the legal documents are physically posted in a visible location, such as on a door or bulletin board, at the address where the defendant can see it.

Q: What does it mean to serve process by certified mail?
A: Serving process by certified mail means that the legal documents are sent to the defendant via mail with a certified mail receipt to ensure proof of delivery.

Q: What is a declaration?
A: A declaration is a written, signed statement that presents facts or evidence under oath. It is often used to support or oppose a motion or request in a legal proceeding.

Q: What is a process server?
A: A process server is a person who serves legal documents, such as complaints or summonses, to individuals involved in a legal case.

Q: What is an ex parte motion?
A: An ex parte motion is a motion that is brought before the court by one party without giving prior notice to the other party. It is typically used when there is an urgent or emergency situation.

Q: What is an order directing service of process and appearance of defendant?
A: An order directing service of process and appearance of defendant is a court order that instructs how the legal documents should be served to the defendant and requires the defendant to appear in court.

Q: When is Form 1DC40 used?
A: Form 1DC40 is used in Hawaii for summary possession complaints, which typically involve eviction proceedings for residential or commercial properties.