Hawaii Revised Statutes 334-125 Notice.

Note

The part heading was amended by L 2013, c 221, §2, subject to repeal and reenactment on July 1, 2020. L 2013, c 221, §24.

Cross References

Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

§334-125 Notice. [Repeal and reenactment on July 1, 2020. L 2013, c 221, §24.] (a) Notice of the hearing shall be:

(1) Served personally on the subject of the petition pursuant to family court rules;

(2) Served personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, to as many as are known to the petitioner of the subject's spouse or reciprocal beneficiary, legal parents, adult children, and legal guardian, if one has been appointed;

(3) Served on the public defender, attorney for the subject of the petition, or other court-appointed attorney as applicable; and

(4) Given to such other persons as the court may designate.

(b) The notice shall include the following:

(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and possible consequences to the subject, and a statement of the legal standard upon which assisted community treatment is being considered;

(2) A copy of the petition;

(3) Notice that the subject of the petition is entitled to the assistance of an attorney, and that the public defender has been notified of these proceedings; and

(4) Notice that if the subject does not want to be represented by the public defender, the subject may contact the subject's own attorney.

(c) Notice of all subsequent hearings shall be served in accordance with subsections (a) and (b), and in accordance with all applicable family court rules relating to service of notice, including that service need not be made on parties in default for failure to appear. [L 1984, c 251, pt of §1; am L 1997, c 383, §48; am L 2013, c 221, §11; am L 2015, c 231, §3]

Note

The 2015 amendment is exempt from the repeal and reenactment condition of L 2013, c 221, §24. L 2015, c 231, §9.

Rules of Court

Service of process, see HFCR rule 4.

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Last modified: October 27, 2016