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Mr. Henry A. Ross <br /> Page 2 <br /> October 3, 1997 <br /> 5. By an order of court providing for service by registered mail upon a party not <br /> found within the State, Rule 4(e), HRCP, and Sections 634-23 and 634-24, <br /> Hawaii Revised Statutes. <br /> See also, Paul v. Paul, 9 Haw.App. 176, 182, 830 P.2d 1158, 1162 (1992) (In the absence of <br /> controlling statute, an attorney may not, without express authority, accept or waive service of <br /> original process by which jurisdiction of the court over the person of the client is first <br /> established). Hence, under Hawaii law, an employee of a county must be personally served with <br /> a copy of the complaint and summons, unless the employee has expressly authorized an <br /> individual to accept such service on his behalf. <br /> In this case, the secretaries have no authority to accept service of the complaint and <br /> summons on behalf of William Smith, Janet Garcia, Chief of Police Carvalho, Officer Steven S. <br /> Clark, Officer Joseph T. Lally, Lt. Henry W. Hickman, A/Sgt. J. Kealoha and Officer Alan M. <br /> Kimura. No lawful service has been effected for these individuals. <br /> If you have any questions, please call me. <br /> Sincerely yours, <br /> RICHARD D. WURDEMAN <br /> Corporation <br /> Counsel <br /> By ( <br /> JOSEPH K. KAMELAMELA <br /> Deputy Corporation Counsel <br /> <br /> JKK:mo <br /> cc: Jay Kimura, Prosecutor <br /> Wayne G. Carvalho, Police Chief <br /> <br /> ross <br /> -2- <br /> ~2 <br /> <br />