§607-8 Fees of sheriff, deputy sheriff, police officer, serving or levying officer, or independent civil process server. [Repeal and reenactment on June 30, 2020. L 2015, c 101, §4.] (a) For all necessary travel in making the service, per mile for every mile more than one... 60 cents provided that:

(1) No allowance shall be made where the serving individual uses a conveyance furnished the serving individual by the State, or any political or municipal subdivision thereof;

(2) Where the serving individual serves more than one person in the course of one trip, the serving individual shall not charge, in the aggregate for all services more than the mileage for the entire trip; and

(3) As far as practicable, in order to minimize the mileage fees for the service, the sheriff or chief of police of the serving police officers, or independent civil process server from the department of public safety's list under section 353C-10 shall cause the process to be transmitted to the sheriff, deputy sheriff, the chief of police, a police officer, or an independent civil process server upon the island of service who shall make the service upon receipt of the process; and the service shall be valid, notwithstanding that the process may not be addressed to the individual actually making the service or to the individual's superior.

For serving criminal summons or any other criminal process except a subpoena, for each person served therewith.................... $30 effective July 1, 2001. Service of criminal summons or any other criminal process shall be made only by persons authorized to serve criminal summons.

For serving civil summons, subpoena, subpoena duces tecum, or any other civil process, except a garnishee summons, for each person served therewith.............. $43 effective July 1, 2015.

For serving: garnishee summons, for each person....................... $30 effective July 1, 2015.

For returning as unserved after due and diligent search any process when it has been found that the person to be served has left the State ................ $10 effective July 1, 2015.

For serving any execution or other process for the collection of money, for every dollar collected up to $10,000................................... 5 cents.

And for every dollar over $10,000 ... 2-1/2 cents.

All fees paid to any printer for publishing an advertisement of the sale of any property.

For every bill of sale.................... $4.

For executing and acknowledging a deed pursuant to a sale of real estate to be paid by the grantee in the deed........................................... $10.

For drawing any bond required by law....... $4.

For serving writ of possession or restitution, putting any person entitled into the possession of premises, and removing a tenant pursuant to order of court......................................... $40.

Together with all necessary expenses incurred by the individual serving the writ, incident to the eviction.

For selling any property on an order from the court other than an execution, the same allowance as for service and sales by execution.

The fees for service of executions, attachments, and collection of judgments, together with all costs incurred after judgment rendered, not included in the judgment, in all courts of the State, shall be collected in addition to the sum directed to be levied and collected in the writ.

In lieu of any fee under this subsection, the fee may be an hourly rate of not less than $50 per hour agreed upon in advance between the party requesting the service and the sheriff, deputy sheriff, police officer, or independent civil process server performing the service.

(b) Notwithstanding anything in this section or any other law to the contrary, when any process or subpoena is served by a subordinate of the sheriff or chief of police, it shall be illegal for the sheriff or chief of police:

(1) If and so long as the sheriff or chief of police is being paid a salary by the State or the county, to receive or collect from the subordinate any portion of the fees, mileage, or other expenses collected by the subordinate; or

(2) If and so long as the sheriff or chief of police is not being paid any salary, to collect or receive from the subordinate more than ten per cent of the fees accruing from the service, or any portion of the mileage or other expenses collected by the subordinate.

Where a subpoena is served in behalf of the State or any county by a nonsalaried subordinate of the sheriff or chief of police, the regular fee for the service shall be payable to the subordinate. Nothing in this section shall be deemed to prohibit the police commission of any county from requiring that all fees, mileage, and expenses be paid into a police benefit fund. [RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9748; am L 1949, c 387, §2; RL 1955, §219-8; am L 1963, c 85, §3; HRS §607-8; am L 1968, c 61, §3; am L 1969, c 23, §2; am L 1972, c 88, §5(m); am L 1973, c 55, §2; am L 1974, c 149, §2; am L 1975, c 112, §2; am L 1978, c 127, §2; am L 1979, c 111, §5(4); am L 1980, c 96, §2; am L 1984, c 52, §2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 58, §2 and c 281, §11; am L 2001, c 214, §3; am L 2012, c 142, §4; am L 2013, c 116, §§6, 25(5); am L 2015, c 125, §2; am L 2016, c 55, §21]

Note

The L 2015, c 125 amendment is exempt from the repeal and reenactment condition of L 2013, c 116, §25. L 2015, c 125, §5.

Case Notes

Cited: 34 H. 363, 375 (1937).