§669-3 Notice by publication or registered mail. In any action brought under section 669-1(a) or (b), unknown persons and any known persons who do not reside within the State or cannot after due diligence be served with process within the State may be served as provided by sections 634-23, 634-24, and 634-26; provided that section 634-23(3) notwithstanding, service by publication in any action brought under section 669-1(a) or (b) shall be made in an English language newspaper published in and having a general circulation in the circuit in which the action or proceeding has been instituted, and if the action or proceeding has been instituted in any circuit other than the first circuit, service by publication shall also be made in an English language newspaper having a general circulation in the State. Publication shall be made in such manner and for such time as the court may order, but not less than once in each of four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated herein unless a different time is prescribed by order of the court. A copy of the summons also shall be posted upon the real property concerned in the action or proceeding. [L 1959, c 52, pt of §2; Supp, §242-2.1; HRS §669-3; am L 1972, c 90, §12(c); am L 1976, c 183, §4; am L 1983, c 222, §2]

Cross References

Publication, how made, see §601-13.

Rules of Court

Proof of publication, see RCC rule 11.

Case Notes

Where action is under §669-1(a), what provision for publication. 46 H. 1, 373 P.2d 710 (1962).

This section applies only to potential claimants who cannot be found; action under §669-1(b) not in rem as to persons who can be found and they must be personally served with process. 50 H. 201, 436 P.2d 752 (1968).