To domesticate a subpoena in Hawaii, it is submitted to a clerk in the circuit where discovery is sought, who issues a local one under Hawaii’s Uniform Interstate Depositions and Discovery Act, which requires no local attorney. Served 123 LLC gets it issued and, if ordered, served.
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Every Hawaii Order Includes
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Every Hawaii County
Served 123 LLC handles subpoena domestications in all 5 counties, and the clerk’s fee is in your quote. The circuit where discovery takes place decides which clerk takes the foreign subpoena, wherever the case is pending; the county finder and circuit court directory name that office, and that clerk issues it promptly.
Records Subpoenas Under Chapter 624D
Chapter 624D counts a command to produce documents or electronically stored information as a subpoena, so a records-only request goes to the same clerk and is served the same way, with the tender of a day’s fee and mileage. Medical files and business records carry added Hawaii rules, set out below.
Hawaii Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Four stops, set by chapter 624D and the Hawaiʻi Rules of Civil Procedure it borrows, carry an out-of-state subpoena to a witness on any of the islands.
The foreign subpoena goes to a clerk of court in the judicial circuit where the discovery is sought: the First for Oahu, the Second for Maui County, the Third for the island of Hawaii, the Fifth for Kauai.
Following that court’s procedure, the clerk promptly issues a subpoena that incorporates the terms of the foreign one and contains or comes with the names, addresses and telephone numbers of all counsel of record and of any party without counsel.
When you order service, our server, an adult who is not a party, delivers a copy anywhere in the State with the tender of one day’s attendance fee and mileage, which we advance on your quote.
The independent server makes a declaration of service naming the person served and the time and place, and it comes back to you with the served copy.
Hawaii adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) through Act 17 of the 2012 Session Laws, now HRS §§ 624D-1 to 624D-7. Here is its text on where the foreign subpoena goes, what the clerk issues and how it is served; the motion venue is under motions.
To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to a clerk of court in the circuit in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of this State.
When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena under subsection (b) shall: (1) Incorporate the terms used in the foreign subpoena; and (2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
A subpoena issued by a clerk of court under section 624D-3 shall be served in compliance with rule 45(c) of the Hawaii rules of civil procedure.
No reported Hawaii appellate decision has yet interpreted chapter 624D; the chapter’s own text governs where the foreign subpoena goes, how the clerk issues it and how it is served.
Official texts: HRS chapter 624D; Act 17 (2012); the Hawaiʻi Rules of Civil Procedure; the Hawaiʻi Electronic Filing and Service Rules. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Section 624D-3 papers for the circuit court clerk and has the Hawaii subpoena served.
Get a Free Quote Online →These cards cover service under Section 624D-4 and the court rules Section 624D-5 applies: who serves, how the copy is delivered, the tender and witness fees, proof, deposition notice, where the witness attends and motions after service. For a summons or other court papers, see process service in Hawaii.
Section 624D-4 sends service to Rule 45(c) of the Hawaiʻi Rules of Civil Procedure: “A subpoena may be served at any place within the State.” It may be served “(1) anywhere in the State by the sheriff or deputy sheriff or by any other person who is not a party and is not less than 18 years of age; or (2) in any county by the chief of police or a duly authorized subordinate.”
HRS § 624D-4; HRCP 45(c)Rule 45(c): “Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to such person the fees for one day's attendance and the mileage allowed by law.” The rule names no service by mail, and Section 624D-4 sends every chapter 624D subpoena through it, so the server hands over the copy and the tender together.
HRCP 45(c)Rule 45(c) makes the tender part of service itself, so the fees and mileage go with any subpoena, one asking only for documents included, whatever the case or the witness. The one exception: “When the subpoena is issued on behalf of the State or a county, or an officer or agency of the State or a county, fees and mileage need not be tendered.” We advance the tender on your quote.
HRCP 45(c)Under Section 634-22, the record of service “shall be endorsed upon the back of the process” and “shall state the name of the person served and the time and place of service.” Where an independent civil process server makes service, the section adds: “When service is made by … an independent civil process server, that person shall make declaration or affidavit of that service.” Served 123 LLC prepares that declaration for our server to sign.
HRS § 634-22Section 607-12(a), effective July 1, 2025: “Every witness attending and testifying, or subpoenaed and attending, upon the trial of any civil cause, in any court, shall be paid the sum of: (1) $30 for each day's attendance in court; (2) Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and (3) The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.” The section reads as Act 153 of 2025 amended it; subsection (b) in the next card covers a witness from another island.
HRS § 607-12(a); L 2025, Act 153Under § 607-12(b), “Every witness, coming to attend upon court from any island other than that upon which the court is holding session, shall be entitled to: (1) $36 for each day's attendance; (2) The actual round trip cost of plane or ship travel; (3) Traveling expenses equal to the mileage allowance that the Administrator of General Services has prescribed, pursuant to title 5 United States Code section 5704; and (4) The actual expenses of travel by common carrier on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from the witness' residence by the shortest practical route in going to and returning from the place of attendance; provided that the witness shall utilize a common carrier at the most economical rate reasonably available; provided further that the witness shall furnish a receipt or other evidence of actual cost.” Subsection (c) adds: “The fees of witnesses may be taxed in the bill of costs as provided by section 607-9.”
HRS § 607-12(b), (c)Chapter 624D adds no notice step of its own. Rule 30(b)(1), which Section 624D-5 applies, has a party taking a deposition on oral examination “give reasonable notice in writing to every other party to the action,” and when a subpoena duces tecum goes to the deponent, the subpoena’s designation of the materials “shall be attached to, or included in, the notice.” The notice goes to the parties; the subpoena goes to the witness.
HRCP 30(b)(1); HRS § 624D-5A motion is heard where the discovery happens. Section 624D-6: “A motion to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 624D-3 shall comply with the rules of court and statutes of this State and be submitted to the court in the circuit in which discovery is to be conducted.” Under § 603-1, Kauai is the Fifth Circuit; Maui, Molokai and Lanai are the Second.
HRS § 624D-6; § 603-1Section 624D-5 applies Rule 45 to every subpoena a clerk issues under § 624D-3, and Rule 45(d)(2) ties the deposition to the witness’s own county: “A resident of the State may be required to attend an examination only in the county wherein the person resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the State subpoenaed within the State may be required to attend only in the county wherein the person is served with a subpoena, or at such other convenient place as is fixed by an order of court.” So a witness who lives and works on Oahu is deposed in Honolulu County unless a court order fixes another place.
HRS § 624D-5; HRCP 45(d)(2)Rule 45(b), “For production of documentary evidence,” covers a subpoena that commands production: “A subpoena may also command the person to whom it is directed to produce the books, papers, documents, electronically stored information, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, electronically stored information, or tangible things.”
HRCP 45(b)Served 123 LLC handles the Rule 45(c) service with the tender and the server’s declaration.
Get a Free Quote Online →These cards cover a Hawaii subpoena that commands production: what chapter 624D counts as one, how a written objection works, the medical custodian’s option, business-records declarations and the federal health-privacy assurances. A records-only subpoena goes to the same circuit court clerk as one for a deposition.
Section 624D-2 counts as a subpoena a document requiring a person to “(2) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person.” A records-only subpoena goes to the same circuit court clerk and is served the same way, with the tender. Its challenge is the Rule 45(b) motion to quash or modify, heard by the court of the discovery circuit under § 624D-6 (see motions above). For medical files, business records and health information, the cards below give the rules Hawaii and federal privacy law add. Rule 45(d), “Subpoena for taking depositions; place of examination,” lets a deposition subpoena reach documents too: “The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, electronically stored information, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b), but in that event the subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of this Rule 45.”
HRS § 624D-2; § 624D-3(a); HRCP 45For use in a Hawaii proceeding, Hawaii Rule of Evidence 902(11), “Certified records of regularly conducted activity,” covers “The original or a duplicate of a domestic or foreign record of regularly conducted activity that would be admissible under rule 803(b)(6), if accompanied by a written declaration of its custodian or other qualified person” certifying that the record was “(A) Made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (B) Kept in the course of the regularly conducted activity; and (C) Made by the regularly conducted activity as a regular practice.” The declaration must be “signed in a manner that, if falsely made, would subject the maker to a criminal penalty under the laws of the state or country where the declaration is signed.” A party offering one must give all adverse parties reasonable notice in advance of trial, or during trial if the court excuses pretrial notice for good cause, and “shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.”
HRE 902(11); HRS § 626-1Section 622-52 applies “Whenever a subpoena duces tecum is served upon the custodian of medical records or other qualified witness from a medical facility, in an action or other proceeding on a claim for personal injuries in which the custodian or the custodian's employer is neither a party to the action or proceeding nor is it alleged that the claim arose at the medical facility, and such subpoena requires the production in court, or before an officer, board, commission, or tribunal, of all or any part of the medical records of a patient who is or has been cared for or treated at the medical facility.” The copy produced under it “shall remain sealed and shall be opened only at the time of trial, or other hearing, upon the direction of the judge, officer, board, commission, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, or hearing, unless the parties or counsel in the proceeding otherwise agree, or unless the sealed envelope or wrapper is returned to the custodian or other qualified witness who is to appear personally.” Outside those conditions, Rule 45 governs, as for any other witness.
HRS § 622-52Federal privacy law adds its own step for health records sought from a HIPAA covered entity. Paragraph (e)(1)(ii) of 45 C.F.R. § 164.512 reaches a request made “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if:” the covered entity receives satisfactory assurance from the party seeking the information that “reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request” or that “reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.” Paragraph (e)(1)(iii) then defines the notice assurance: “a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:” three things, set out in the notice card below. The protective-order route has its own card at the end of this section.
45 C.F.R. § 164.512(e)(1)(ii), (iii)Under Section 622-52, “it shall be sufficient compliance therewith if the custodian or other qualified witness within five days after receipt of such subpoena, delivers by registered or certified mail or by messenger a true and correct copy (which may be by any method described in rule 1001(4), Hawaii rules of evidence) of all the medical records described in such subpoena to the clerk of the court or the clerk's deputy authorized to issue it, together with the affidavit described in section 622-53.” Under Section 622-53, “The medical records shall be accompanied by the affidavit of the custodian or other qualified witness,” and “The affidavit shall be notarized by a notary public, who may be the custodian of the medical records; except where the custodian or the custodian's employer is a party to the cause of action or the medical facility is the place where the cause of action is alleged to have arisen and for which the subpoena duces tecum is being served.”
HRS § 622-52; § 622-53On the notice route, paragraph (e)(1)(iii) needs three showings before a covered entity in Hawaii may rely on it. First, the requester “has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address).” Second, the notice “included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal.” Third, the time for the individual to raise an objection “has elapsed,” and either “No objections were filed” or “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.” Until the written statement and its documentation show all three, the notice route is not complete.
45 C.F.R. § 164.512(e)(1)(iii)On a deposition subpoena that commands production, under Rule 45(d)(1) the person “to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.” Count the 10 days with the deadline calculator.
HRCP 45(d)(1)The other route rests on a protective order. Paragraph (e)(1)(iv) calls for “a written statement and accompanying documentation demonstrating that” the parties “have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute,” or that the party seeking the information “has requested a qualified protective order from such court or administrative tribunal.” Under (e)(1)(v), the order or stipulation must bar “using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested” and require return or destruction of the information, “including all copies made,” at the end of the case.
45 C.F.R. § 164.512(e)(1)(iv), (v)Served 123 LLC handles the issuance and service of a Hawaii subpoena that commands production.
Get a Free Quote Online →On a deposition subpoena that commands production, Hawaii Rule 45(d)(1) gives the person served 10 days after service to serve written objection, or until the compliance date if that comes sooner. Days count under Rule 6(a): the day of service is left out, and a last day on a Saturday, Sunday or holiday moves to the next day that is none of those.
These are the points where a foreign subpoena headed for Hawaii can go wrong, from the circuit court clerk to the witness.
We check the papers we prepare and the service we make against the first six and tell you what needs fixing. The seventh, a motion, comes after service; we tell you which circuit court hears it.
Search or pick the county where the discovery will take place to see which circuit court clerk issues the subpoena there, then start a quote; the directory below lists each courthouse.
How California, Oregon, Washington and Alaska handle a foreign subpoena next to Hawaii’s chapter 624D, whether the law itself requires a local attorney and who issues the subpoena, each from the state’s own statute or rule. “Check” marks a state whose own court rules leave the local-attorney question open. In Hawaii, chapter 624D sets no requirement; an attorney who registers for JEFS must be admitted in Hawaii.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Hawaii | HRS ch. 624D (Act 17, 2012) | Check | Clerk of court, discovery circuit |
| California | Code Civ. Proc. §§ 2029.100-2029.900 (Stats. 2008, ch. 231) | No | Superior court clerk, county of the discovery (or a California attorney) |
| Oregon | ORCP 38 C | Check | Clerk of court, county of the discovery |
| Washington | RCW ch. 5.51 (2012 c 95; 2023 c 193) | No | Clerk of court, county of the discovery |
| Alaska | Alaska R. Civ. P. 45.1 (Supreme Court Order 1853, 2015) | No | Clerk of court, any judicial district |
Every answer cites the Hawaii statute, court rule or official source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Chapter 624D of the Hawaii Revised Statutes, the seven sections from § 624D-1 through § 624D-7. Section 624D-3 handles the request and the clerk’s issuance, § 624D-4 the service, § 624D-5 the discovery rules that apply and § 624D-6 any motion; the rest covers the short title, the definitions and pending cases. The Act section quotes each one.
No. Under § 624D-3(a) the request belongs to a clerk of court in the circuit where the discovery is sought, so a deposition or production on Maui goes to the Second Circuit, not the First Circuit on Oahu. The county finder matches each of the five counties to its own circuit court clerk.
No. Section 624D-3(b) puts issuance in the clerk’s hands: on a party’s submission, the clerk issues the subpoena promptly, in accordance with that court’s procedure. The older route in § 624-27, a verified petition on which the circuit court orders a subpoena, is still in the statutes, yet a chapter 624D request never needs it. The Act section covers both.
No. Chapter 624D names no local-counsel requirement, and § 624D-3(a) says the request is not an appearance. JEFS e-filing is narrower: it registers attorneys admitted in Hawaiʻi on active status, and a pro hac vice attorney files through local counsel. Served 123 LLC prepares the papers for the clerk’s issuance; see counsel and e-filing.
Yes. Hawaiʻi Court Records Rule 9.1 bars personal information from any accessible document filed in a state court; required items go on a Confidential Information Form. Rule 2.19 defines the term as social security numbers, dates of birth (except for traffic citations), names of minor children, bank or investment account numbers and social service reports. The § 624D-3(c) counsel list appears in or with the subpoena; see the route.
No, for care lawful in Hawaii, when the requester is on the statute’s list and the matter is out-of-state or interstate. Section 323J-3 overrides § 624D-3 on that point, and Act 59 of 2026 added gender-affirming care from July 1, 2026. The first trap flags it, and the rules section quotes the list.
Under Rule 45(c), the service rule § 624D-4 adopts, a sheriff, a deputy sheriff or anyone 18 or older who is not a party may serve it anywhere in the State, and a county’s chief of police or an authorized subordinate may serve it within that county. Our server is an adult non-party; see who serves.
No. Rule 45(c) names no mail option and chapter 624D adds no other route, so a mailed subpoena leaves service open to a challenge. Our server delivers the papers and the tender to the witness at the same time, in person; see how it is delivered.
Yes. Rule 45(c) attaches the day’s attendance fee and the mileage to service of any subpoena and lifts it only for one issued on behalf of the State or a county, or one of their officers or agencies. A private party’s records subpoena from another state carries the tender, and we advance it; see the tender.
Not without a court order. A resident attends only in the county of residence, employment or in-person business, and a nonresident served in Hawaii only in the county of service, unless a court sets another convenient place. The limit is Rule 45(d)(2), which § 624D-5 brings in; see where the witness attends.
A signed declaration or affidavit of service under § 634-22, the form Hawaii asks of an independent civil process server. You receive it with the served copy. The server’s declaration card quotes what the statute says the record must state about the person served.
For a civil trial, § 607-12, amended effective July 1, 2025, pays $30 per day, plus the federal mileage allowance and the actual common-carrier expenses, receipted. A witness from a different island draws $36 per day, the actual round-trip plane or ship cost, and the same mileage and common-carrier items; see witness fees.
Two ways, each set out in full on this page: a § 624D-6 motion to the court of the discovery circuit (see motions) and, on a deposition subpoena that commands production, a Rule 45(d)(1) written objection served on the attorney the subpoena designates (see the objections).
To the court of the Hawaii circuit where the discovery is to be conducted, under § 624D-6, which also governs protective orders and enforcement. For a subpoena that commands production, Rule 45(b) lets that court quash or modify it as unreasonable and oppressive, on a motion made promptly and at or before the compliance time; see motions.
No set number. Rule 30(b)(1) measures notice by reasonableness, not by a count of days, and the notice has to be in writing to each other party. Chapter 624D, which borrows that rule through § 624D-5, sets no separate deadline of its own. The deposition notice card quotes the rule in full.
Hawaii’s own. Section 624D-5 borrows eight of the Hawaiʻi Rules of Civil Procedure, from the deposition rules through Rule 45 on subpoenas, so the objection window, the notice duty and the attendance limit on this page are Hawaii rules, not the home state’s; the Act section lists them.
$315.00, which the person offering the paper for filing pays to the circuit court clerk as costs of court under § 607-5; the § 607-5.7 surcharge inside it is due at the time of the initial filing. We advance it inside the written quote; see the court fee.
Under § 624D-3(b) the clerk issues the subpoena “promptly,” following that court’s own procedure, and it gives no count of days. We handle the papers for the right circuit once your quote is paid and arrange service when you have ordered it; the route lays out each stop.
On the compliance date the subpoena sets. On a deposition subpoena that commands production, a written objection served within 10 days (sooner if compliance comes first; see the deadline calculator) holds the materials back until the issuing court orders inspection under Rule 45(d)(1). In a personal-injury case that meets § 622-52, a medical records custodian may deliver a copy within five days instead; see medical records.
One written quote, sent before work starts, covers the whole job: drafting the papers with the counsel list § 624D-3(c) calls for and preparing them for the clerk of the circuit where discovery is sought, the clerk’s fee and, when you add it, service by our server with the witness’s tender and a declaration of service. The route lays out each step.
Yes, if the case was still pending on April 12, 2012. Section 624D-7 applies the chapter to requests for discovery in cases pending on that date, which is the day Act 17 was approved and took effect, as its history note in the official chapter records. See the Act section.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
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