Haw. Rev. Stat. § 657D-36 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-36
Deduction of unpaid premiums upon settlement of policies maturing during protection.
Status: in_force

In the event of maturity of a policy as a death claim or otherwise before the expiration of the period of protection under this part, the insurer in making settlement shall deduct from the amount of insurance the premiums guaranteed under this part, together with interest thereon at the rate fixed in the policy for policy loans. If no rate of interest is specifically fixed in the policy, the rate shall be the rate fixed for policy loans in other policies issued by the insurer at the time the policy brought under this chapter was issued. The amount deducted by reason of the protection afforded by this part shall be reported by the insurer to the insurance commissioner.
Haw. Rev. Stat. § 660-31 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-31
Bail reduced, when.
Status: in_force

If the person is committed because the person cannot furnish the bail ordered, and the bail which is required appears to be excessive or unreasonable, the court shall decide what bail is reasonable, and shall order that upon furnishing such bail the person shall be discharged from custody.
Haw. Rev. Stat. § 662-11 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-11
Compromise.
Status: in_force

(a) The attorney general may arbitrate, compromise, or settle any claim cognizable under this chapter.

(b) Claims arbitrated, compromised, or settled by the attorney general for an amount not exceeding $25,000, shall be paid from the state risk management revolving fund. Claims arbitrated, compromised, or settled by the attorney general for more than $25,000 shall be paid only after funds are appropriated by the legislature for the payment of those claims. [L 1957, c 312, pt of §1; Supp, §245A-11; am L 1967, c 232, §1; HRS §662-11; am L 1988, c 336, §1; am L 1990, c 117, §3; am L 2019, c 118, §3]
Haw. Rev. Stat. § 652-7 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-7
Successive actions; procedure.
Status: in_force

In case of successive actions being brought wherein the same garnishee and the same defendant are named, precedence shall be given by the garnishee to the demand made in the action wherein service is first made on the garnishee, and if two or more such processes are served simultaneously, they shall be entitled to precedence in the order of the priority of their issue from the courts from which they were issued. This order of precedence shall not be disturbed by the fact of a later action being carried to final judgment sooner than the action earlier in time of service upon the garnishee, but in such case the garnishee shall pay or cause to be paid on account of the earlier judgment, only such sums as shall be payable upon the judgment from the amounts which shall thereafter become due and payable to the judgment debtor. All amounts withheld on account of the earlier action shall be held to await the final result thereof, when, if final judgment is entered against the defendant, the amount withheld shall be applied in payment of the judgment. In case such amounts are not sufficient to satisfy the judgment, then all judgments obtained in later actions shall be again postponed to that in the earlier action until it is satisfied.
Haw. Rev. Stat. § 655-3 — HI Code / Division 4 / Title 36 / Chapter 655 / Section 655-3
Money in court, deposit as ordered by the court.
Status: in_force

Whenever any money is paid into, or deposited in any court to abide the ascertainment of the right to the money, or the termination of the action, the court shall have power, upon the application of any party interested, or without such application, to order the money to be deposited in the treasury of the State or as otherwise ordered, subject to the further order of the court.
Haw. Rev. Stat. § 657D-15 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-15
Duration and term of stays; co-defendants not in service.
Status: in_force

A stay of any action, proceeding, attachment, or execution, ordered by any court under this chapter, shall be for the period of military service and ninety days thereafter or any part of that period, and may be subject to such terms as may be just, including payment in installments of specified amounts and at such times as the court may fix. Where the person in military service is a co-defendant with others, the plaintiff may proceed against the others by leave of the court.
Haw. Rev. Stat. § 657-5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-5
Domestic judgments and decrees.
Status: in_force

Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered. No action shall be commenced after the expiration of ten years from the date a judgment or decree was rendered or extended. No extension of a judgment or decree shall be granted unless the extension is sought within ten years of the date the original judgment or decree was rendered. A court shall not extend any judgment or decree beyond twenty years from the date of the original judgment or decree. No extension shall be granted without notice and the filing of a non-hearing motion or a hearing motion to extend the life of the judgment or decree. [CC 1859, §1051; RL 1925, §2643; am L 1927, c 16, §1; RL 1935, §3914; RL 1945, §10425; RL 1955, §241-5; HRS §657-5; am L 1972, c 105, §1(d); am L 1992, c 74, §1; am L 2001, c 145, §1]
Haw. Rev. Stat. § 657-23 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-23
Extension while criminal case is pending.
Status: in_force

If at any time when any cause of action for recovery of restitution or compensation for damage or injury to a victim of a crime exists, a criminal action is pending which arises out of the same occurrence, the time during which the criminal action is pending shall not be deemed or taken as any part of the time limited for the commencement of the civil action.

As used in this section, a criminal action is pending until the court's jurisdiction in the criminal action is terminated. [L 1986, c 225, §1; am L 1998, c 269, §2]
Haw. Rev. Stat. § 663E-4 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-4
Third party cases.
Status: in_force

Notwithstanding any other law to the contrary, no person shall be liable under this chapter under civil principles of vicarious liability.
Haw. Rev. Stat. § 662-5 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-5
Jury.
Status: in_force

Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right.
Haw. Rev. Stat. § 674-18 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-18
Scope of relief.
Status: in_force

In an action under this part the court may award actual damages to a successful claimant.
Haw. Rev. Stat. § 661-26 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-26
Rights of parties to qui tam actions.
Status: in_force

(a) If the State proceeds with an action under section 661-25, the State shall have the primary responsibility for prosecuting the action and shall not be bound by an act of the person bringing the action. The person shall have the right to continue as a party to the action, subject to the following limitations:

(1) The State may dismiss the action notwithstanding the objections of the person initiating the action if the court determines, after a hearing on the motion, that dismissal should be allowed;

(2) The State may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable. Upon a showing of good cause, the hearing may be held in camera;

(3) The court, upon a showing by the State that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the State's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, may, in its discretion impose limitations on the person's participation by:

(A) Limiting the number of witnesses the person may call;

(B) Limiting the length of the testimony of the witnesses;

(C) Limiting the person's cross-examination of witnesses; or

(D) Otherwise limiting the participation by the person in the litigation.

(b) The defendant, by motion upon the court, may show that unrestricted participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense. At the court's discretion, the court may limit the participation by the person in the litigation.

(c) If the State elects not to proceed with the action, the person who initiated that action shall have the right to conduct the action. If the State so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the State's expense. When a person proceeds with the action, the court without limiting the status and rights of the person initiating the action, may nevertheless permit the State to intervene at a later date upon showing of good cause.

(d) Whether or not the State proceeds with the action, upon motion and a showing by the State that certain actions of discovery by the person initiating the action would interfere with the State's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period of not more than sixty days. The court may extend the sixty-day period upon a motion and showing by the State that the State has pursued the investigation or prosecution of the criminal or civil matter with reasonable diligence and the proposed discovery would interfere with the ongoing investigation or prosecution of the criminal or civil matter.

(e) Notwithstanding section 661-25, the State may elect to pursue its claim through any alternate remedy available to the State, including any administrative proceedings to determine civil monetary penalties. If any alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in the proceedings as the person would have had if the action had continued under this section. Any finding of fact or conclusion of law made in the other proceeding that becomes final shall be conclusive on all parties to an action under this section.

(f) Whether or not the State elects to proceed with the action, the parties to the action shall receive court approval of any settlements reached. [L 2000, c 126, pt of §1]
Haw. Rev. Stat. § 651-11 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-11
Execution in order of receipt.
Status: in_force

When there are several attachments against the same defendant, they shall be executed in the order in which they are received by the police officer.
Haw. Rev. Stat. § 652-1.5 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-1.5
Prejudgment garnishment; procedures.
Status: in_force

(a) Except as provided in subsection (e), any creditor desiring to secure a garnishment process before judgment shall attach the creditor's petition for process, summons, and direction to the following documents:

(1) An application, directed to the court to which such action is made returnable, for garnishee process to issue under section 652-1(a);

(2) An affidavit sworn to by the creditor or some competent affiant setting forth a statement of facts sufficient to show that probable validity exists to sustain the validity of the creditor's claim;

(3) An order that a hearing be held before the court or a judge thereof to determine whether or not the garnishee process should be granted and that notice of such hearing be given to the defendant debtor; and

(4) A summons directed to the sheriff, deputy sheriff, a police officer, or an independent civil process server from the department of law enforcement's list under section 353C-11 commanding the sheriff, deputy sheriff, police officer, or independent civil process server to serve upon the debtor at least four days before the date of the hearing, pursuant to chapter 634, the application; a true and attested copy of the petition, summons, and direction; the affidavit; and the order and notice of hearing.

(b) The clerk upon receipt of all such documents in duplicate, if the clerk finds them to be in proper form, shall fix a date for the hearing on the application and sign the order of hearing and notice; except that if the application includes a request for a temporary restraining order, the court or a judge of the court shall act on the application for the temporary restraining order, fix a date for the hearing on the garnishee process and sign the order of hearing and notice.

(c) The clerk shall deliver to the creditor's attorney the original documents for service. Service having been made, the original documents shall be returned to the court with the endorsement by the officer of service.

(d) The defendant debtor shall have the right to appear and be heard at the hearing. The hearing shall be limited to a determination of whether probable validity exists to sustain the validity of the creditor's claim and whether any of the property or choses in the possession of the garnishee is, to the same degree of certainty, exempt from execution. If the court, upon consideration of the facts before it, finds that the creditor has sustained the validity of the creditor's claim, then the garnishee process under section 652-1(a) applied for shall be granted as requested or modified by the court except to the extent the defendant debtor has shown all or a portion of the property or choses in the possession of the garnishee to be exempt from execution. The clerk shall deliver to the creditor's attorney the petition, summons, and direction for service of process. If the court denies the application, only a summons and complaint shall be served. In either event, the creditor may alter the return day of the petition, summons, and direction, or the summons and complaint, as the case may be.

(e) The court or a judge of the court may allow the garnishment process to be issued by an attorney without hearing as provided in subsections (a) to (d) upon verification by oath of the creditor or of some competent affiant, that there is reasonable likelihood that the defendant debtor:

(1) Neither resides in nor maintains an office or place of business in this State and may depart from the State within six months from the date of filing under this section;

(2) Has hidden or will hide oneself so that process cannot be served on the defendant debtor;

(3) Is about to remove oneself or one's property from this State;

(4) Is about to fraudulently dispose of or has fraudulently disposed of any of the defendant debtor's property with intent to hinder, delay, or defraud the defendant debtor's creditors; or

(5) Has fraudulently hidden or withheld money, property, or effects which should be liable to the satisfaction of the defendant debtor's debts.

(f) The defendant debtor in an action in which garnishee process was allowed under subsection (e) may move to dissolve or modify the garnishee process in which event the court shall proceed to hear and determine the motion expeditiously. If the court determines at the hearing requested by the debtor that probable validity exists to sustain the validity of the creditor's claim, then the garnishee process granted shall remain in effect, except as modified pursuant to a finding that all or a portion of the property or choses in action in the possession of the garnishee is exempt from execution. If the court determines there is no such probable validity, the garnishee process shall be dissolved. An order shall be issued by the court setting forth the action it has taken.

(g) The court's determinations under this section shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this section nor shall they affect the rights of the defendant debtor in any other action arising out of the same claim. The court's determinations under this section shall not be given in evidence nor referred to in the trial of such action. [L 1975, c 155, §1(1); am L 1977, c 33, §3; gen ch 1985; am L 2013, c 116, §§13, 25(12); am L 2015, c 101, §4; am L 2021, c 41, §13; am L 2022, c 278, §17]
Haw. Rev. Stat. § 667-36 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-36
Sale of property separately.
Status: in_force

If the mortgaged property consists of more than one real property, each property may be sold separately to satisfy the mortgage debt.
Haw. Rev. Stat. § 664-32 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-32
Jurisdiction.
Status: in_force

The circuit courts shall have jurisdiction to hear and determine, without the intervention of a jury, all controversies respecting rights of private way and water rights, as in this part provided.
Haw. Rev. Stat. § 658H-9 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-9
Mediator's disclosure of conflicts of interest; background.
Status: in_force

(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable mediation party or nonparty participant in the mediation; and

(2) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(b) If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.

(d) A person who violates subsection (a) or (b) is precluded by the violation from asserting a privilege under section 658H-4.

(e) Subsections (a), (b), and (c) do not apply to an individual acting as a judge.

(f) This chapter does not require that a mediator have a special qualification by background or profession. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 667-32 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-32
Affidavit after public sale; contents.
Status: in_force

(a) After the public sale is held, the foreclosing mortgagee shall sign an affidavit under penalty of perjury:

(1) Stating that the power of sale foreclosure was made pursuant to the power of sale provision in the mortgage;

(2) Stating that the power of sale foreclosure was conducted as required by this part;

(3) Summarizing what was done by the foreclosing mortgagee;

(4) Attaching a copy of the recorded notice of default and intention to foreclose;

(5) Attaching a copy of the last public notice of the public sale;

(6) Referencing the document number of the affiliate statement filed at the bureau of conveyances as required under section 667-58; and

(7) Stating the date of filing and any relevant referencing information assigned by the division of financial institutions to the statement filed with the commissioner of financial institutions of the mortgage servicer affiliate statement as required under section 454M-5(b)(5)(F).

(b) The recitals in the affidavit required under subsection (a) may, but need not, be substantially in the following form:

"(1) I am duly authorized to represent or act on behalf of ____________________ (name of mortgagee) ("foreclosing mortgagee") regarding the following power of sale foreclosure. I am signing this affidavit in accordance with the power of sale foreclosure process (Chapter 667, Part II, Hawaii Revised Statutes);

(2) The foreclosing mortgagee is a mortgagee as defined in section 667-1, Hawaii Revised Statutes, conducting a power of sale foreclosure ;

(3) The power of sale foreclosure is of a mortgage made by ____________________ (name of mortgagor) ("mortgagor"), dated ____________________, and recorded in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court) as ____________________ (recordation information). The mortgaged property is located at: ____________________ (address or description of location) and is identified by tax map key number: ____________________. The legal description of the mortgaged property , including the certificate of title or transfer certificate of title number if registered in the land court, is attached as Exhibit "A". The name of the borrower, if different from the mortgagor, is ____________________ ("borrower");

(4) Pursuant to the power of sale provision of the mortgage, the power of sale foreclosure was conducted as required by the power of sale foreclosure law. The following is a summary of what was done:

(A) A notice of default and intention to foreclose was served on the mortgagor, the borrower, and the following person: ____________________. The notice of default and intention to foreclose was served on the following date and in the following manner: ____________________;

(B) The date of the notice of default and intention to foreclose was ____________________ (date). The deadline in the notice for curing the default was ____________________ (date), which deadline date was at least sixty days after the date of the notice;

(C) The notice of default and intention to foreclose was recorded before the deadline date in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court). The notice was recorded on ____________________ (date) as document no. ____________________. A copy of the recorded notice is attached as Exhibit "1";

(D) The default was not cured by the deadline date in the notice of default and intention to foreclose;

(E) A public notice of the public sale was initially published in the classified section of the ____________________, in accordance with section 667-27(d), Hawaii Revised Statutes, once each week for three consecutive weeks on the following dates: ____________________. A copy of the affidavit of publication for the last public notice of the public sale is attached as Exhibit "2". The date of the public sale was ____________________ (date). The last publication was not less than fourteen days before the date of the public sale;

(F) The public notice of the public sale was sent to the mortgagor, to the borrower, to the state director of taxation, to the director of finance of the county where the mortgaged property is located, and to the following: ____________________. The public notice was sent on the following dates and in the following manner: ____________________. Those dates were after the deadline date in the notice of default and intention to foreclose, and those dates were at least sixty days before the date of the public sale;

(G) The public notice of the public sale was posted on the mortgaged property or on such other real property of which the mortgaged property is a part on ____________________ (date). That date was at least sixty days before the date of the public sale;

(H) A public sale of the mortgaged property was held on a business day during business hours on: ____________________ (date), at ____________________ (time), at the following location: ____________________. The highest successful bidder was ____________________ (name) with the highest successful bid price of $____________________; and

(I) At the time the public sale was held, the default was not cured and there was no circuit court foreclosure action pending in the circuit where the mortgaged property is located; and

(5) This affidavit is signed under penalty of perjury."
Haw. Rev. Stat. § 668-6 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-6
REPEALED.
Status: in_force

L 1972, c 90, §11(s).
Haw. Rev. Stat. § 667-5 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-5
REPEALED.
Status: in_force

L 2012, c 182, § 50.
Haw. Rev. Stat. § 672E-5 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-5
Written notice of acceptance; access to premises.
Status: in_force

(a) The claimant, within thirty days after receipt of a contractor's settlement offer, may accept any offer by serving the contractor with a written notice of acceptance; provided that an association shall have forty-five days to respond. If no written notice of acceptance is served, the settlement offer shall be deemed rejected.

(b) If a claimant accepts a contractor's offer to repair, the claimant shall provide unfettered access to perform and complete the construction within the timetable stated in the settlement offer. [L 2004, c 119, pt of §2; am L 2005, c 22, §43]
Haw. Rev. Stat. § 661-27 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-27
Awards to qui tam plaintiffs.
Status: in_force

(a) If the State proceeds with an action brought by a person under section 661-25, the person shall receive at least fifteen per cent but not more than twenty-five per cent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Where the action is one that the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative or administrative report, hearing, audit, or investigation, or from the news media, the court may award sums as it considers appropriate, but in no case more than ten per cent of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation. Any payment to a person under this subsection shall be made from the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All expenses, fees, and costs shall be awarded against the defendant.

(b) If the State proceeds with an action brought under section 661-21, the State may file its own complaint or amend the complaint of a person who has brought an action under section 661-21 to clarify or add detail to the claims in which the State is intervening and to add any additional claims with respect to which the State contends it is entitled to relief. For statute of limitations purposes, any such state pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(c) If the State does not proceed with an action under this section, the person bringing the action or settling the claim shall receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than twenty-five per cent and not more than thirty per cent of the proceeds of the action or settlement and shall be paid out of the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs. All expenses, fees, and costs shall be awarded against the defendant.

(d) Whether or not the State proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of section 661-21 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive under subsection (a), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the action is convicted of criminal conduct arising from the person's role in the violation of section 661-21, that person shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. The dismissal shall not prejudice the right of the State to continue the action.

(e) If the State does not proceed with the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable attorneys' fees and expenses if the defendant prevails in the action and the court finds that the claim of the person bringing the action was frivolous, vexatious, or brought primarily for purposes of harassment.

(f) In no event may a person bring an action under section 661-25:

(1) Against a member of the state senate or state house of representatives, a member of the judiciary, or an elected official in the executive branch of the State, if the action is based on evidence or information known to the State. For purposes of this section, evidence or information known only to the person or persons against whom an action is brought shall not be considered to be known to the State; or

(2) That is based upon allegations or transactions that are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party. [L 2000, c 126, pt of §1; am L 2012, c 294, §7]
Haw. Rev. Stat. § 672E-13 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-13
Dismissal without prejudice.
Status: in_force

The court or arbitrator shall dismiss, without prejudice, any action failing to meet the requirements of this chapter, unless:

(1) The failure to meet the requirements is the direct result of the wrongful conduct of another party;

(2) Circumstances beyond the control of the party prevented compliance; or

(3) An applicable statute of limitations on actions would prevent the refiling of an action, in which case the action shall be immediately stayed to provide the claimant with an opportunity to comply with this chapter, but for no longer than six months;

provided that the exceptions provided by this section to any specific requirement of this chapter shall not excuse a party from substantially complying with the remainder of the chapter. [L 2004, c 119, pt of §2]
Haw. Rev. Stat. § 658A-29 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-29
Relationship to Electronic Signatures in Global and National Commerce Act.
Status: in_force

The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, Public Law 106-229.
Haw. Rev. Stat. § 651-51 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-51
Indemnity bond.
Status: in_force

The sheriff, deputy sheriff, or police officer may decline to levy upon or sell the alleged property of any person against whose goods and effects an execution or other similar writ may issue, unless the party beneficially interested in the writ shall, upon request, tender to the officer a sufficient bond of indemnity against all costs and expenses which the officer may sustain in consequence of seizure or sale of the property, and the claims of third parties.
Haw. Rev. Stat. § 659-1 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-1
Definition.
Status: in_force

This is an order issuing in the name of the State by a circuit court and directed to a person who claims or usurps an office of the State or of any subdivision thereof, or of any corporation or quasi-corporation, public or private, or any franchise, inquiring by what authority the person claims the office or franchise.
Haw. Rev. Stat. § 657D-38 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-38
Rules; finality of determinations.
Status: in_force

The insurance commissioner shall adopt rules under chapter 91 to implement this part. The findings of fact and conclusions of law made by the insurance commissioner in administering this part shall be final, and shall not be subject to review by any other official or agency of the government.
Haw. Rev. Stat. § 651C-4 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-4
Transfers fraudulent as to present and future creditors.
Status: in_force

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(B) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.

(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:

(1) The transfer or obligation was to an insider;

(2) The debtor had retained possession or control of the property transferred after the transfer;

(3) The transfer or obligation was disclosed or concealed;

(4) Before the transfer was made or obligation was incurred, the debtor was sued or threatened with suit;

(5) The transfer was of substantially all the debtor's assets;

(6) The debtor had absconded;

(7) The debtor had removed or concealed assets;

(8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(10) The transfer had occurred shortly before or shortly after a substantial debt was incurred; and

(11) The debtor had transferred the essential assets of the business to a lienor who had transferred the assets to an insider of the debtor. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 668-11 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-11
Liens and encumbrances.
Status: in_force

Where partition is made of any property that is subject as a whole to any lien or encumbrance, the court, with the consent of the encumbrancer, may apportion the encumbrance against the separate portions as partitioned to the parties, or if the property is sold and the encumbrancer's claim is due and may be discharged by payment, the court may discharge the claim out of the proceeds. Otherwise, unless the encumbrancer consents to receive payment, the court, without disturbing or then making any adjudication as to the encumbrance, may sell, subject to the encumbrance, the property affected thereby; or if any lien or encumbrance is only upon the undivided share or interest of any particular party, the court, by decree, may make the same a lien and charge only upon the parcel of land partitioned to the party or a charge against the party's share of the proceeds of sale thereof. In every case, the property sold shall first be charged with its just proportion of the costs of the partition in preference to the lien or charge. Any party holding a lien or encumbrance and also having other securities, in the court's discretion, may be required to exhaust the other securities before a distribution of the proceeds of sale in partition, or the court may order a just deduction to be made from the amount of the lien on the property on account of the other security.
Haw. Rev. Stat. § 671-12.5 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-12.5
Certificate of consultation.
Status: in_force

(a) Any inquiry filed with the medical inquiry and conciliation panel under this chapter shall be accompanied by a certificate that declares one of the following:

(1) That the party initiating the inquiry or the party's attorney has consulted with at least one physician who is licensed to practice in this State or any other state, and who is knowledgeable or experienced in the same medical specialty as the health care professional against whom the inquiry is made, and that the party or the party's attorney has concluded on the basis of the consultation that there is a reasonable and meritorious cause for filing the inquiry. If the party initiating the inquiry or the party's attorney is not able to consult with a physician in the same medical specialty as the health care professional against whom the inquiry is made, that party or the party's attorney may consult with a physician who is licensed in this State or in any other state who is knowledgeable and experienced in a medical specialty that is as closely related as practicable to the medical specialty of the health care professional against whom the inquiry is made. The physician or physicians consulted may not be a party to the inquiry, nor be compelled to testify or otherwise participate in proceedings related to the medical inquiry and conciliation panel;

(2) That the party initiating the inquiry or the party's attorney was unable to obtain the consultation required by paragraph (l) because a statute of limitations would impair the action and that the certificate required by paragraph (1) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificate required by paragraph (1) shall be filed by the party initiating the inquiry or the party's attorney within ninety days after filing the inquiry; or

(3) That the party initiating the inquiry or the party's attorney was unable to obtain the consultation required by paragraph (1) after the party or the party's attorney had made a good faith attempt to obtain the consultation and the physician contacted would not agree to the consultation. For purposes of this paragraph, "good faith attempt" refers to the responsibility of a party initiating an inquiry or the party's attorney to make reasonable efforts to contact a physician for the purpose of reviewing the circumstances upon which an inquiry is based. The party initiating the inquiry or the party's attorney may contact physicians by letter, telephone, facsimile, or other electronic means of communication. If the physician does not respond within a reasonable time, the party initiating the inquiry or the party's attorney may submit the inquiry to the medical inquiry and conciliation panel along with a certificate declaring the nonresponse to the party or the party's attorney's good faith attempt. A "good faith attempt" shall ultimately be evaluated in light of the goal of having a qualified physician assist the party initiating the inquiry or the party's attorney in understanding the basis of the inquiry and the determination shall depend upon the circumstances of each individual case.

(b) Where a party initiating an inquiry or the party's attorney intends to rely solely on a failure to inform of the consequences of a procedure (informed consent), this section shall be inapplicable. The party initiating an inquiry or the party's attorney shall certify upon filing of the inquiry that the party or the party's attorney is relying solely on the failure to inform of the consequences of a procedure and for that reason is not filing a certificate as required by this section.

(c) For the purposes of this section, the party initiating an inquiry or the party's attorney shall not be required to disclose the names of any physician consulted to fulfill the requirements of subsection (a) to any of the other parties to the inquiry. The medical inquiry and conciliation panel may require the party initiating an inquiry or the party's attorney to disclose the name of any physician consulted to fulfill the requirements of subsection (a). No disclosure of the name of any physician consulted to fulfill the requirements of subsection (a) shall be made to any of the other parties to the inquiry; provided that the medical inquiry and conciliation panel may contact the physician to determine if the requirements of subsection (a) were met.

(d) Unless a certificate is filed pursuant to subsection (a) or (b), the inquiry shall not be received for filing by the medical inquiry and conciliation panel. [L 2003, c 211, §1; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 663-3 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-3
Death by wrongful act.
Status: in_force

(a) When the death of a person is caused by the wrongful act, neglect, or default of any person, the deceased's legal representative, or any of the persons enumerated in subsection (b), may maintain an action against the person causing the death or against the person responsible for the death. The action shall be maintained on behalf of the persons enumerated in subsection (b), except that the legal representative may recover on behalf of the estate the reasonable expenses of the deceased's last illness and burial.

(b) In any action under this section, such damages may be given as under the circumstances shall be deemed fair and just compensation, with reference to the pecuniary injury and loss of love and affection, including:

(1) Loss of society, companionship, comfort, consortium, or protection;

(2) Loss of marital care, attention, advice, or counsel;

(3) Loss of care, attention, advice, or counsel of a reciprocal beneficiary as defined in chapter 572C;

(4) Loss of filial care or attention; or

(5) Loss of parental care, training, guidance, or education, suffered as a result of the death of the person;

by the surviving spouse, reciprocal beneficiary, children, father, mother, and by any person wholly or partly dependent upon the deceased person. The jury or court sitting without jury shall allocate the damages to the persons entitled thereto in its verdict or judgment, and any damages recovered under this section, except for reasonable expenses of last illness and burial, shall not constitute a part of the estate of the deceased. Any action brought under this section shall be commenced within two years from the date of death of the injured person, except as otherwise provided. [L 1923, c 245, §1; RL 1925, §2681; am L 1931, c 16, §1; am L 1933, c 139, §1; RL 1935, §4052; RL 1945, §10486; am L 1955, c 205, §1; RL 1955, §246-2; HRS §663-3; am L 1972, c 144, §2(c); am L 1997, c 383, §20]
Haw. Rev. Stat. § 675-4 — HI Code / Division 4 / Title 36 / Chapter 675 / Section 675-4
[ §675-4] Assignment of interest in qualified escrow fund to the State.
Status: in_force

[ §675-4] Assignment of interest in qualified escrow fund to the State. (a) A tobacco product manufacturer that elects to place funds into a qualified escrow fund pursuant to section 675-3(b) may assign to the State the tobacco product manufacturer's interest in any moneys in the qualified escrow fund.

(b) An assignment executed pursuant to subsection (a) shall be permanent and irrevocable and shall apply to all moneys in the qualified escrow fund, including all moneys deposited into the qualified escrow fund before the tobacco product manufacturer executes the assignment, all moneys deposited into the qualified escrow fund after the tobacco product manufacturer executes the assignment, and any interest or other appreciation earned on any moneys in the qualified escrow fund.

(c) A qualified escrow agreement, as referenced in section 486P-5(c)(4), may be amended by the parties to the agreement for the purpose of executing an assignment pursuant to subsection (a).

(d) An assignment executed pursuant to subsection (a) shall be in writing and shall be signed by the assignee and the assignor or by an authorized agent or representative thereof. An executed assignment becomes enforceable after a copy of the assignment is delivered to the attorney general and the financial institution where the qualified escrow fund is maintained.

(e) Notwithstanding the provisions of section 675-3(b), funds assigned to the State shall be deposited in the Hawaii tobacco settlement special fund established pursuant to section 328L-2.

(f) Nothing in this section shall operate to:

(1) Waive the right of the State to bring a claim against a tobacco product manufacturer, except that any funds assigned to the State under this section shall be credited on a dollar-for-dollar basis against any judgment or settlement; or

(2) Relieve a tobacco product manufacturer from any obligation or duty imposed pursuant to chapter 245, chapter 486P, or this chapter.

(g) When a qualified escrow fund has been deemed abandoned by a tobacco product manufacturer according to the criteria set by each financial institution, the financial institution maintaining the qualified escrow fund and acting as the escrow agent may file a petition in circuit court for an order authorizing a transfer of funds in the qualified escrow fund to the State. The petition shall state the factual and legal bases for the relief sought. The financial institution shall serve the petition on the attorney general at the time the petition is filed. Upon a finding that the fund has been abandoned, the court may order the transfer of funds in the qualified escrow fund to the Hawaii tobacco settlement special fund established pursuant to section 328L-2.

(h) The department of the attorney general may adopt rules pursuant to chapter 91 necessary to implement this section. [L 2022, c 93, §1]
Haw. Rev. Stat. § 663J-3 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-3
Cause of action for coercion into sexual exploitation or sex trafficking.
Status: in_force

An individual shall have a cause of action against a person, business, business owner, or business operator who:

(1) Coerced the individual into sexual exploitation or to remain in sexual exploitation, or subjected the individual to sex trafficking;

(2) Used coercion to collect or receive any of the individual's earnings derived from sexual exploitation or from being the subject of sex trafficking;

(3) Hired, or attempted to hire, the individual to engage in sexual exploitation, when a reasonable person would believe that the individual was coerced into sexual exploitation by another person or was being subjected to sex trafficking; or

(4) Profited from coercing the individual into sexual exploitation or subjecting the individual to sex trafficking. [L 1999, c 203, pt of §2; am L 2016, c 206, §5; am L 2025, c 20, §5]
Haw. Rev. Stat. § 657D-62 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-62
Power of attorney.
Status: in_force

(a) Notwithstanding any other provision of law, a power of attorney that:

(1) Was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of title 37, United States Code);

(2) Designates that person's spouse, parent, or other named relative as the person's attorney in fact for certain specified, or all, purposes; and

(3) Expires by its terms after that person entered a missing status, and before or after July 1, 1994;

shall be automatically extended for the period that the person is in a missing status.

(b) No power of attorney executed after July 1, 1994 by a person in the military service may be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though that person, after the date of execution of the document, enters a missing status. [L 1994, c 257, pt of §2]

Revision Note

"July 1, 1994" substituted for "the effective date of this section".
Haw. Rev. Stat. § 664-9 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-9
Record on; new evidence.
Status: in_force

Whenever any person appeals, the commissioner of boundaries shall transmit to the clerk of the supreme court a copy of the record and of the commissioner's decision, together with any exhibits filed and the bond for costs as in other cases. The intermediate appellate court or the supreme court may permit the introduction of new evidence that could not with due diligence have been obtained before, and the court's decision shall be final and binding.
Haw. Rev. Stat. § 663-1.55 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.55
Volunteer firefighters; limited liability.
Status: in_force

Any volunteer firefighter who in good faith renders firefighting services shall not be liable for any civil damages resulting from the person's acts or omissions occurring during the course of firefighting, except for such damages as may result from the person's gross negligence, or wanton acts or omissions.

For purposes of this section, volunteer firefighter means any person who trains as a volunteer firefighter and who, of the person's own free will, provides firefighting services in a fire emergency without remuneration or expectation of remuneration.

For purposes of this section, good faith includes, but is not limited to, a reasonable opinion that the immediacy of a fire is such that the rendering of firefighting service should not be postponed. [L 1993, c 269, §1]
Haw. Rev. Stat. § 667-24 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-24
Cure of default.
Status: in_force

(a) If the default is cured as required by the notice of default and intention to foreclose, or if the parties have reached an agreement to resolve the nonjudicial foreclosure, the foreclosing mortgagee shall rescind the notice of default and intention to foreclose. Within fourteen days of the date of the cure or an agreement to resolve the nonjudicial foreclosure, the foreclosing mortgagee shall so notify any person who was served with the notice of default and intention to foreclose. If the notice of default and intention to foreclose was recorded, a release of the notice of default and intention to foreclose shall be recorded.

(b) If the default is not cured as required by the notice of default and intention to foreclose, the parties have not reached an agreement to resolve the nonjudicial foreclosure and no report of noncompliance has been issued against the mortgagee under section 667-82, and the mortgagor has not elected to convert the foreclosure to a judicial action, the foreclosing mortgagee, without filing a court action and without going to court, may foreclose the mortgage under power of sale to sell the mortgaged property at a public sale. [L 1998, c 122, pt of §1; am L 2011, c 48, § 23 ; am L 2012, c 182, § 18 ]
Haw. Rev. Stat. § 660-9 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-9
Sunday.
Status: in_force

Any writ or process authorized by this chapter may be issued or served on Sunday.
Haw. Rev. Stat. § 663B-1 — HI Code / Division 4 / Title 36 / Chapter 663B / Section 663B-1
Definitions.
Status: in_force

As used in this [chapter], unless the context otherwise requires:

"Engages in an equine activity" means riding, training, assisting in medical treatment or physical therapy of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term does not include being a spectator at an equine activity, except in cases where a spectator places oneself in an unauthorized area and in immediate proximity to the equine activity.

"Equine" means a horse, pony, mule, donkey, or hinny.

"Equine activity" means:

(1) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;

(2) Equine training or teaching activities, or both;

(3) Boarding equines;

(4) Riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;

(5) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; and

(6) Placing or replacing horseshoes on an equine.

"Equine activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity, including, but not limited to pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs, and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.

"Equine professional" means a person engaged for compensation in instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine, or in renting equipment or tack to a participant.

"Inherent risks of equine activities" means those dangers or conditions which are an integral part of equine activities, including, but not limited to:

(1) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them;

(2) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals;

(3) Certain hazards such as surface and subsurface conditions;

(4) Collisions with other equines or objects; and

(5) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability.

"Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. [L 1994, c 249, pt of §1]
Haw. Rev. Stat. § 669-8 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-8
Recording of judgment.
Status: in_force

The registrar of conveyances or the assistant registrar of the land court, as the case may be, shall receive and record or file and register every certified copy of judgment quieting title to property rendered by the circuit court under this chapter whenever the certified copy of judgment is presented to the registrar or assistant registrar for record or registration. [L Sp 1949, c 46, §1(c); RL 1955, §242-6; HRS §669-8; am L 1972, c 90, §12(e); gen ch 1985]
Haw. Rev. Stat. § 652-9 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-9
Garnishee may be heard on notice to plaintiff.
Status: in_force

Whenever any person summoned as a garnishee may be desirous of so doing, the person may apply to the district judge or any judge of the court from which the summons may have issued, and the judge having caused reasonable notice to be given to the plaintiff in the action, shall proceed to take the deposition of the person thus summoned, and make such order as may be proper in the premises, at any time previous to the date appointed for hearing the cause, and the person summoned as garnishee, shall be taken to have obeyed the summons. If it appears that there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands, any time after the summons is served the garnishee may be permitted upon order of the judge to pay into the court any moneys held for safekeeping, debts, goods, or effects in the garnishee's hands, less any reasonable costs and attorney's fees allowed by the judge and the garnishee will thereupon be discharged. With or without payment into court, any garnishee may, where there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands of any amount, make application for an interpleader order and the judge shall thereupon make all orders as appear to be just and reasonable.
Haw. Rev. Stat. § 651-12 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-12
Examination of defendant; where no property known.
Status: in_force

Whenever it appears by the affidavit of the plaintiff or by the return of the attachment that no property is known to the plaintiff or officer on which the attachment can be executed, or not enough to satisfy the plaintiff's claim, the defendant may be required by the court or judge to attend before it or the judge, and give information on oath respecting the same.
Haw. Rev. Stat. § 658D-2 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-2
Statement of findings and declaration of purposes.
Status: in_force

The legislature hereby finds and declares that:

(1) The rapid expansion of international business, trade, and commerce among nations in the Pacific region provides important opportunities for the State of Hawaii to participate in such business, trade, and commerce;

(2) There will inevitably arise, from time to time, disagreements and disputes arising from such business, trade, and commercial relations and transactions that are amenable to resolution by means of international arbitration, mediation, conciliation, and other forms of dispute resolution in lieu of international litigation;

(3) It is the policy of this State to encourage the use of arbitration, mediation, and conciliation to reduce disputes arising out of international business, trade, commercial, and other relationships; and

(4) It is declared that the objective of encouraging the development of Hawaii as an international center for the resolution of international business, commercial, trade, and other disputes be supported through the establishment of certain legal authorities as set forth in this chapter. [L 1988, c 186, pt of §1]

Revision Note

Paragraphs redesignated and in paragraph (3), "and" added after ending punctuation pursuant to §23G-15.
Haw. Rev. Stat. § 667-21.5 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-21.5
Foreclosure notice; planned communities; condominiums; cooperative housing projects.
Status: in_force

Notwithstanding any law or agreement to the contrary, any person who forecloses on a property under this part within a planned community, a condominium apartment or unit, or an apartment in a cooperative housing project shall notify, by way of registered or certified mail, the board of directors of the planned community association, the association of owners of the condominium project, or the cooperative housing project in which the property to be foreclosed is located, of the following:

(1) The foreclosure at the time foreclosure proceedings are begun; and

(2) Any election by an owner-occupant of the property that is the subject of the foreclosure to participate in the mortgage foreclosure dispute resolution program under part V .

The notice, at a minimum, shall identify the property, condominium apartment or unit, or cooperative apartment that is the subject of the foreclosure and identify the name or names of the person or persons bringing foreclosure proceedings. Paragraph (1) shall not apply when the planned community association, condominium association of owners, or cooperative housing corporation is a party in a foreclosure action. This section shall not affect civil proceedings against parties other than the planned community association, association of owners, or cooperative housing corporation. [L 2011, c 48, pt of § 4 ; am L 2012, c 182, §16]
Haw. Rev. Stat. § 673-8 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-8
Proof of liability.
Status: in_force

In no action under this chapter shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation.
Haw. Rev. Stat. § 664-11 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-11
Costs.
Status: in_force

The costs in each case shall be borne by the petitioner or respondent, or shall be apportioned between them, as equity and justice may require, in the judgment of the commissioner of boundaries, subject to appeal as in this part provided.
Haw. Rev. Stat. § 663-6 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-6
Death of wrongdoer or other person liable prior to suit, time for commencing action against the estate.
Status: in_force

In any case where the wrongdoer or other person who may be liable for damages for physical injury or death as provided in section 663-3 dies before an action has been brought against the wrongdoer or other person, the action may be brought against the legal representative of the wrongdoer's or other person's estate; provided that every such action shall be commenced within two years after the death of the injured person in any action brought under section 663-3 or within two years after the date of physical injury in all other cases, except as otherwise provided.
Haw. Rev. Stat. § 663-8.8 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-8.8
[ §663-8.
Status: in_force

[ §663-8.8] Limitation on aggregate liability; electric utilities. (a) The aggregate liability of an electric utility, including its affiliates, collectively, for qualifying damages arising from a covered catastrophic wildfire shall not exceed the least of the maximum payable amount authorized by the rules, adopted pursuant to section 269-27.9, for either the set period of time in which the covered catastrophic wildfire began or per event, as determined by the commission, or for the remainder of the maximum payable amount to the extent that the electric utility has already paid qualifying damages for the same time period or event.

(b) An electric utility that seeks to assert the limitation on aggregate liability set forth in subsection (a) shall:

(1) Have a wildfire mitigation plan, as defined in section 269-27.9, that is approved by the commission and shall have sought and received a determination from the commission that the plan is being implemented on the timeline approved by the commission; and

(2) Be in full compliance with any conditions and reporting requirements established by rule pursuant to subsection 269-27.9(c).

(c) All civil actions arising out of a catastrophic wildfire shall be brought in the circuit in which the catastrophic wildfire occurred. The court shall adopt procedures to equitably apply the limit set forth in subsection (a) to all filed civil claims, and notwithstanding any law to the contrary, joint and several liability shall not apply to qualifying damages, even as to any amount of qualifying damages in excess of the aggregate liability of an electric utility; provided that in any action to recover from a person or an entity in connection with a covered catastrophic wildfire, the person or entity may claim, in defense, apportionment of fault to any other person, entity, electric utility, or electric cooperative, even as to those who are not a party to the action. The exceptions to the abolition of joint and several liability set forth in section 663-10.9 shall not apply to any suit, claim, arbitration, or other civil action arising out of a covered catastrophic wildfire. All settlements or judgments for claims for qualifying damages shall be subject to approval by the court. The court shall not approve any settlement or judgment that would cause the aggregate liability of electric utilities to exceed the aggregate liability limit prescribed by the commission if the utility is entitled to invoke the limitation under subsection (a). No liability allocable to the electric utility that is not payable because of the aggregate liability limit shall be shifted, in any manner, to any other alleged tortfeasor or obligor.

(d) A court may consolidate cases arising from a covered catastrophic wildfire. Any circuit court that is not the consolidating court shall transfer any civil case to facilitate the consolidation.

(e) No later than twenty days prior to the convening of each regular session, the commission shall study and submit a report to the legislature that includes:

(1) An assessment of whether the factors considered pursuant to section 269-27.9(b) adequately balance the solvency interests of electric utilities with the compensation owed in the previous year to catastrophic wildfire victims, or whether additional factors should be considered; and

(2) Any other findings and recommendations, including any necessary proposed legislation.

(f) For the purposes of this section:

"Catastrophic wildfire" means a wildfire occurring in the State on or after July 1, 2025, that substantially damages or destroys more than five hundred commercial structures or residential structures designed for habitation or, for an electric cooperative, a wildfire that substantially damages or destroys more than fifty commercial structures or residential structures designed for habitation.

"Covered catastrophic wildfire" means a catastrophic wildfire that may have been caused, or whose severity may have been increased, by an electric utility's facilities or actions.

"Electric utility" means a public utility that exists for the furnishing of electrical power, including an electric cooperative.

"Electric cooperative" is an electric utility that has the same meaning as in section 269-31(c).

"Public utility" has the same meaning as in section 269-1.

"Qualifying damages" means economic damages arising out of the loss of or damage to real or personal property from a covered catastrophic wildfire. "Qualifying damages" does not include claims for physical bodily harm or emotional harm. [L 2025, c 258, §2]

Revision Note

"July 1, 2025," substituted for "the effective date of this Act".
Haw. Rev. Stat. § 672B — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B
-3] Design claim conciliation panels; composition, selection, compensation.
Status: in_force

(a) There are established design claim conciliation panels that shall review and render findings and advisory opinions on the issues of liability and damages in tort claims against design professionals licensed to practice under chapter 464.

(b) If all parties to a tort claim against a design professional licensed to practice under chapter 464 agree, the design claim conciliation panel shall not review and render findings and advisory opinions on the issues of liability and damages in the tort claim against the design professional licensed to practice under chapter 464.

(c) A design claim conciliation panel shall be formed for each claim filed pursuant to section 672B-5 and after each panel renders its decision or the claim is otherwise disposed of, the panel shall be disbanded. Each design claim conciliation panel shall consist of one chairperson selected from among persons who are familiar with and experienced in the claims settlement process, one attorney licensed to practice in the courts of the State and experienced in trial practice, and one design professional licensed to practice under chapter 464. The chairperson shall be appointed by the director from a list of eligible persons approved by the chief justice of the supreme court of Hawaii. The attorney shall be appointed by the chairperson from a list of not less than thirty-five attorneys experienced in trial practice submitted annually by the supreme court. The design professional shall be appointed by the chairperson and shall be currently licensed and in good standing under chapter 464.

(d) The chairperson shall preside at the meetings of the panel. The chairperson, all panel members, and any consultant called by the panel to appear before the panel shall be compensated at the rate of $300 per claim, which will become payable when the decision of the panel is submitted. At the discretion of the director, the chairperson, panel members, and any consultant called by the panel to appear before the panel, may be compensated at one-half the amount of compensation specified in this section, if the claim is disposed of by any means prior to the hearing by the panel. The chairperson, all panel members, and any consultant called by the panel to appear before the panel also shall be paid allowances for travel and living expenses that may be incurred as a result of the performance of their duties on or for the panel. These costs shall be paid by the department of commerce and consumer affairs from the filing fees paid by the parties.

(e) The claimant shall pay a filing fee of $450 to the department upon the filing of the claim and the failure to do so shall result in the claim being rejected for filing. Each party to the claim shall pay a filing fee of $450 to the department within twenty days of being served with the claim. Each party to a claim shall be assessed a non-refundable processing fee by the department in the amount of $50. The non-refundable processing fee shall be retained from each party's filing fee, and shall be used to defray the administrative costs of the design claim conciliation panel program.

(f) After the panel has made a final decision on a claim, or after a final disposition of the claim has been made without a hearing before the panel, the department shall return any moneys remaining after all panel costs have been paid, to the respective parties on a pro rata basis.

(g) The office and meeting space, secretarial and clerical assistance, office equipment, and office supplies for the panel shall be furnished by the department. The chairperson may designate any alternative meeting place or site for the hearing.

(h) The board of professional engineers, architects, surveyors, and landscape architects shall each prepare a list of design professionals along with their respective specialties. These design professionals shall be eligible to serve as consultants to the panel in their respective fields. Panel members may consult with other legal, design, and insurance specialists. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 671D-13 — HI Code / Division 4 / Title 36 / Chapter 671D / Section 671D-13
Guidelines of the director.
Status: in_force

The director, in consultation with the director of the department of health, may adopt pursuant to chapter 91, such rules and voluntary guidelines as may assist the professional review bodies in meeting the standards described in section 671D-11(a).
Haw. Rev. Stat. § 663-8.5 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-8.5
Noneconomic damages; defined.
Status: in_force

(a) Noneconomic damages which are recoverable in tort actions include damages for pain and suffering, mental anguish, disfigurement, loss of enjoyment of life, loss of consortium, and all other nonpecuniary losses or claims.

(b) Pain and suffering is one type of noneconomic damage and means the actual physical pain and suffering that is the proximate result of a physical injury sustained by a person. [L Sp 1986, c 2, §19]
Haw. Rev. Stat. § 659-7 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-7
Judgment according to nature of complaint.
Status: in_force

In all cases contemplated by sections 659-1 to 659-9, judgment shall be given according to the nature of the complaint made.
Haw. Rev. Stat. § 660-8 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-8
REPEALED.
Status: in_force

L 1972, c 90, §5(u).
Haw. Rev. Stat. § 658B-9 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-9
Prejudgment and judgment interest.
Status: in_force

(a) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict of laws rules of this State.

(b) Notwithstanding subsection (a), an increase or decrease in the amount of prejudgment interest otherwise payable may be made in a foreign-money judgment to the extent required by the law of this State governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.

(c) A judgment on a foreign-money claim bears interest at the same rate applicable to other judgments of this State. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 667-40 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-40
Use of power of sale foreclosure in certain non-mortgage situations.
Status: in_force

A power of sale foreclosure under this part may be used in certain non-mortgage situations where a law or a written document contains, authorizes, permits, or provides for a power of sale, a power of sale foreclosure, a power of sale remedy, or a nonjudicial foreclosure. These laws or written documents are limited to those involving time share plans, condominium property regimes, and agreements of sale, and commercial property assessed financing assessments imposed pursuant to section 196-64.5.
Haw. Rev. Stat. § 654-4 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-4
Examination of defendant.
Status: in_force

When it appears by the return of the officer to whom the order was issued that the property claimed has been disposed of or concealed so that the order cannot be executed, the court, upon motion and affidavit, may compel the attendance of the defendant or any other person to examine the defendant or other person on oath as to the situation of the property, and may punish a wilful hindrance to, or obstruction or disobedience of, any order of the court as a contempt. [L Sp 1949, c 7, pt of §1; RL 1955, §244-24; HRS §654-25; am L 1972, c 90, §1(d); ren HRS §654-4; gen ch 1985]
Haw. Rev. Stat. § 657-2 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-2
Mutual current account.
Status: in_force

In all actions in the nature of debt, account, or assumpsit, brought to recover any balance due upon a mutual, open, and current account, the cause of action shall be deemed to have accrued from the time of the last item proved in the account. [CC 1859, §1038; RL 1925, §2640; RL 1935, §3911; RL 1945, §10422; RL 1955, §241-2; HRS §657-2; am L 1972, c 105, §1(b)]
Haw. Rev. Stat. § 667-10 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-10
Power unaffected by transfer; surplus after sale.
Status: in_force

No sale or transfer by the mortgagor shall impair or annul any right or power of attorney given in the mortgage to the mortgagee to sell or transfer the mortgaged property, as attorney or agent of the mortgagor, except as otherwise provided by chapters 501 and 502. When public sale is made of the mortgaged property under this part, distribution of the proceeds of the sale shall be as specified in section 667-3, and the remainder of the proceeds, if any, shall be paid over to the owner of the mortgaged property, after deducting the amount of all claims and all expenses attending the same.
Haw. Rev. Stat. § 660-18 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-18
Contents.
Status: in_force

The person making the return shall state therein, in writing, plainly and unequivocally:

(1) Whether he has or has not the person designated in his custody or power, or in any manner under his restraint or control;

(2) If he has the person in his custody or power, or under his restraint or control, the authority, and the time, and whole cause of such imprisonment or restraint, with a copy of any process or warrant under which the person is detained;

(3) If he has had the person in his custody or power, or under his restraint or control, and has transferred such custody, restraint, or control to another, or if he has any knowledge or suspicion that any other person exercises or claims to exercise such custody, power, restraint, or control, all that he knows or suspects.

No return shall be adjudged sufficient when the respondent has once held the person in his custody or power, or under his restraint or control, unless it states fully all that the respondent knows or suspects, or alleges unequivocally that he neither knows nor suspects, nor has any cause to suspect anything as to the custody or restraint of the person alleged to be detained, up to the time of making the return. [L 1870, c 32, §13; RL 1925, §2741; RL 1935, §4326; RL 1945, §10367; RL 1955, §239-18; HRS §660-18; am L 1972, c 90, §5(1)]
Haw. Rev. Stat. § 671-19 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-19
Duty to cooperate; assessment of costs and fees.
Status: in_force

[(a)] It shall be the duty of every person who files an inquiry with the medical inquiry and conciliation panel, every health care provider against whom the inquiry is made, and every insurance carrier or other person providing medical tort liability insurance for the health care provider, to cooperate with the medical inquiry and conciliation panel and meaningfully participate in panel proceedings for the purpose of achieving a prompt, fair, and just resolution, disposition, or settlement of the inquiry, provided that cooperation and participation shall not prejudice the substantive rights of those persons.

[(b)] Any party may apply to the panel to have the costs of the action assessed against any party for failure to cooperate with the panel or meaningfully participate in panel proceedings. The panel may award costs, or a portion thereof, including attorney's fees, witness fees including those of expert witnesses, filing fees, and costs of the medical inquiry and conciliation panel proceedings to the party applying therefor.

[(c)] In determining whether any person has failed to cooperate or meaningfully participate in good faith, the panel shall consider, but is not limited to, the following:

(1) The attendance of the persons at proceedings of the medical inquiry and conciliation panel;

(2) The extent to which representatives of parties and counsel representing parties came to panel proceedings with knowledge of the claims and defenses and authority to negotiate a settlement or other disposition of the matter;

(3) The testimony of members of the panel as to the facts of the person's participation in the panel proceeding;

(4) The extent of the person's cooperation in providing the panel with documents and testimony called for by the panel;

(5) The reasons advanced by the person so charged for not fully cooperating, participating, or negotiating; and

(6) The failure of the person to submit any required fees to the department of commerce and consumer affairs, as required by this chapter.

[(d)] The party against whom costs are awarded may appeal the award to the circuit court. The court may affirm or remand the case with instructions for further proceedings; or it may reverse or modify the award if the substantial rights of the petitioners may have been prejudiced because the award is characterized as abuse of discretion. [L 1976, c 219, pt of §2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1993, c 95, §1; am L 1995, c 213, §3; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 672B-8 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-8
Design claim conciliation panel hearing; persons attending.
Status: in_force

Unless excluded or excused by the panel, the following persons shall attend hearings before the panel:

(1) The party or parties making the claim;

(2) The design professional against whom the claim is made or representatives thereof, other than counsel, authorized to act for the design professional; or

(3) Counsel for the parties, if any. [L 2007, c 207, pt of §2]

Revision Note

In paragraph (2), the semicolon after "thereof" changed to a comma pursuant to §23G-15.
Haw. Rev. Stat. § 658A-17 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-17
Witnesses; subpoenas; depositions; discovery.
Status: in_force

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena shall be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

(b) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this State.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this State.

(f) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this State.

(g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this State and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state shall be served in the manner provided by law for service of subpoenas in a civil action in this State and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this State. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 668-13 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-13
Commissioners in partition.
Status: in_force

The court shall have power in its discretion to appoint a commissioner or commissioners to act under the directions and subject to the approval of the court, and may invest them with power to investigate and report to the court as to the practicability of partition of the property in whole or in part, and where partition is deemed practicable to prepare a plan for division of the property into lots or parcels, including provision for any necessary roads or rights-of-way, and making of maps and surveys, and for appraisements, or any other matters, referred to them by the court, with their recommendations as to the division or allotment of the parcels among the parties interested. The commissioners shall have power, as and when directed by the court, to make deeds of partition or of sale of the property. Before making any sale the commissioners shall each give security approved by the court conditioned for the faithful discharge of their duties. Upon the filing of any report by commissioners in partition the parties may have such time as the court may allow to file any objections thereto or to any part thereof, and if any objections are filed the court shall upon notice hear and determine the same.
Haw. Rev. Stat. § 658A-26 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-26
Jurisdiction.
Status: in_force

(a) A court of this State having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

(b) An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment on an award under this chapter. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 660-10 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-10
§§660-10 and 660-11 REPEALED.
Status: repealed

§§660-10 and 660-11 REPEALED. L 1972, c 90, §5(u).
Haw. Rev. Stat. § 657-18 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-18
Extension by absence from State.
Status: in_force

If at any time when any cause of action specified in this part or section 663-3 accrues against any person, the person is out of the State, the action may be commenced within the terms respectively limited, after the return of the person into the State, and if, after the cause of action has accrued, the person departs from and resides out of the State, the time of the person's absence shall not be deemed or taken as any part of the time limited for the commencement of the action. [CC 1859, §1041; RL 1925, §2652; RL 1935, §3923; RL 1945, §10434; RL 1955, §241-17; HRS §657-18; am L 1972, c 105, §1(j); gen ch 1985]
Haw. Rev. Stat. § 674-12 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-12
Immunity of panel members from liability.
Status: in_force

No member of the panel shall be liable in damages for libel, slander, or other defamation of character of any party to a panel proceeding for any action taken or any opinion, conclusion, finding, or recommendation made by a panel member while acting within the member's capacity as a member of the panel under this chapter.
Haw. Rev. Stat. § 671-14 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-14
Same; persons attending proceedings of panel.
Status: in_force

Unless excluded or excused by the panel, the following persons shall attend proceedings before the panel:

(1) The party or parties submitting the inquiry;

(2) The health care provider or providers against whom the inquiry is submitted or representatives thereof, other than counsel, authorized to act for the health care provider or providers; and

(3) Counsel for the parties, if any. [L 1976, c 219, pt of §2; am L 1979, c 80, §3; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 673-10 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-10
Limitation on actions; native Hawaiians.
Status: in_force

Every claim arising under this chapter shall forever be barred unless the action is commenced within two years after the cause of action first accrues; provided that this statute of limitations shall be tolled until July 1, 1990; provided that the filing of the claim in an administrative proceeding pursuant to this chapter shall toll any applicable statute of limitations, and any such statute of limitations shall remain tolled until ninety days after the date the decision is rendered in the administrative proceeding; provided further that any cause of action that first accrues after July 1, 1995 shall forever be barred unless the action is commenced within two years after the cause of action first accrues.
Haw. Rev. Stat. § 655-1 — HI Code / Division 4 / Title 36 / Chapter 655 / Section 655-1
Deposit in court or delivery to party.
Status: in_force

When it is admitted, by the pleading or examination of a party, that the party has in the party's possession, or under the party's control, any money, or other thing, capable of delivery, which, being the subject of the litigation, is held by the party as trustee for another person, or which belongs, or is due, to another person, the court may order the same, upon motion, to be deposited in court, or delivered to the party, upon such conditions as may be just, subject to the further direction of the court. [CC 1859, §1153; RL 1925, §2383; RL 1935, §4117; RL 1945, §10231; RL 1955, §243-1; HRS §655-1; am L 1972, c 89, §6(a); gen ch 1985]
Haw. Rev. Stat. § 668-8 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-8
Trial of title.
Status: in_force

Whenever the legal title of any particular share or interest in the property is controverted, the issue shall be triable of right by a jury; provided that as to any such particular controversy, where no other share or interest in the property is affected thereby, the court may set apart to the disputants collectively such a portion or portions of the property or of the proceeds of sale thereof as they or the real owner or owners among them would be entitled to receive were the ownership of the share or interest not in dispute. In each case the portion or portions set apart shall thereafter alone be the subject of the controversy between the disputants, leaving the remaining interests and parties unaffected thereby. The court may then proceed with the general partition accordingly; and the dispute, as transferred to the separate portion of the land or share of proceeds allotted therefor in the general partition, shall thereafter be heard and determined and a supplemental decree or decrees entered accordingly.
Haw. Rev. Stat. § 672B-7 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-7
Design claim conciliation panel hearing; fact-finding; evidence; voluntary settlement.
Status: in_force

(a) Every claim of a tort against a design professional shall be heard by the design claim conciliation panel within thirty days after the last date for filing a response. No persons other than the panel, witnesses, and consultants called by the panel, and the persons listed in section 672B-8 shall be present except with the permission of the chairperson. The panel, in its discretion, may conduct an inquiry of a party, witness, or consultant without the presence of any or all parties.

(b) The hearing shall be informal. Chapters 91 and 92 shall not apply. The panel may require a stenographic record of all or part of its proceedings for the use of the panel, but the record shall not be made available to the parties. The panel may receive any oral or documentary evidence. Questioning of parties, witnesses, and consultants may be conducted by the panel, and the panel, in its discretion, may permit any party, or any counsel for a party to question other parties, witnesses, or consultants. The panel may designate who, among the parties, shall have the burden of going forward with the evidence with respect to the issues as it may consider, and unless otherwise designated by the panel, the burden shall initially rest with the claimant at the commencement of the hearing.

(c) The panel may require by subpoena the appearance and testimony of witnesses and the production of documentary evidence. When subpoena power is utilized, notice shall be given to all parties. The testimony of witnesses may be taken either orally before the panel or by deposition. In cases of refusal to obey a subpoena issued by the panel, the panel may invoke the aid of any circuit court in the State, which may issue an order requiring compliance with the subpoena. Failure to obey the order may be punished by the court as a contempt thereof. Any member of the panel, the director, or any person designated by the director may sign subpoenas. Any member of the panel may administer oaths and affirmations, examine witnesses, and receive evidence. Notwithstanding these powers, the panel shall attempt to secure the voluntary appearance, testimony, and cooperation of parties, witnesses, and consultants without coercion.

(d) At the hearing of the panel and in arriving at its opinion the panel shall consider, but not be limited to, statements or testimony of witnesses, project records, and other records kept in the usual course of the practice of the design professional without the necessity for other identification or authentication, statement of fact, or opinion on a subject contained in a published treatise, periodical, book, or pamphlet, or statements of experts without the necessity of the experts appearing at the hearing. The panel, upon the application of any party or upon its own decision, may appoint as a consultant, an impartial and qualified design professional, or other professional person or expert to testify before the panel or to conduct any necessary professional or expert examination of the claimant or relevant evidentiary matter and to report to or testify as a witness thereto. Such a consultant shall not be compensated or reimbursed except for travel and living expenses to be paid as provided in section 672B-3. Except for the production of records kept in the usual course of the practice of the design professional, discovery by the parties shall not be allowed.

During the hearing and at any time prior to the rendition of an advisory decision pursuant to section 672B-9, the panel may encourage the parties to settle or otherwise dispose of the case voluntarily. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 658G- — HI Code / Division 4 / Title 36 / Chapter 658G / Section 658G-
19] Limits of privilege.
Status: in_force

(a) There is no privilege under section 658G-17 for a collaborative law communication that is:

(1) Available to the public under chapter 92 or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;

(2) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or

(4) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

(b) The privilege under section 658G-17 for a collaborative law communication does not apply to the extent that a communication is:

(1) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or

(2) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult, unless the agencies of the department of human services responsible for child protective services or adult protective services is a party to or otherwise participates in the process.

(c) There is no privilege under section 658G-17 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in:

(1) A court proceeding involving a felony or misdemeanor; or

(2) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

(d) If a collaborative law communication is subject to an exception under subsection (b) or (c), only the part of the communication necessary for the application of the exception may be disclosed or admitted.

(e) Disclosure or admission of evidence excepted from the privilege under subsection (b) or (c) does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

(f) The privileges under section 658G-17 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made. [L 2012, c 207, pt of §1]This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C.A. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C.A. section 7003(b).(a) A collaborative law participation agreement shall:

(1) Be in a record;

(2) Be signed by the parties;

(3) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter;

(4) Describe the nature and scope of the matter;

(5) Identify the collaborative lawyer who represents each party in the process; and

(6) Contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process.

(b) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter. [L 2012, c 207, pt of §1]This chapter shall be known and may be cited as the "Hawaii Uniform Collaborative Law Act".(a) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (c) and sections 658G‑7 and 658G-8, the filing operates as an application for a stay of the proceeding.

(b) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection (a) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.

(c) A tribunal in which a proceeding is stayed under subsection (a) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.

(d) A tribunal may not consider a communication made in violation of subsection (c).

(e) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute. [L 2012, c 207, pt of §1](a) Subject to sections 658G-18 and 658G-19, a collaborative law communication is privileged under subsection (b), is not subject to discovery, and is not admissible in evidence.

(b) In a proceeding, the following privileges apply:

(1) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.

(2) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process. [L 2012, c 207, pt of §1]A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this State other than this chapter.(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.

(b) Except as otherwise provided in subsection (c) and sections 658G-10 and 658G-11, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (a).

(c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

(1) To ask a tribunal to approve an agreement resulting from the collaborative law process; or

(2) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or family or household member as defined in section 586-1 if a successor lawyer is not immediately available to represent that person. In that event, subsections (a) and (b) apply when the party, or family or household member is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of that person. [L 2012, c 207, pt of §1]During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or family or household member as defined in section 586-1.(a) The disqualification of section 658G-9(a) applies to a collaborative lawyer representing a party with or without fee.

(b) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under section 658G-9(a) is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if:

(1) The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;

(2) The collaborative law participation agreement so provides; and

(3) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from that participation. [L 2012, c 207, pt of §1]Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.

(b) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.

(c) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:

(1) The party or the prospective party requests beginning or continuing a process; and

(2) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process. [L 2012, c 207, pt of §1]Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

(1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;

(2) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and

(3) Advise the prospective party that:

(A) After signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;

(B) Participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and

(C) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by section 658G-9(c), 658G-10(b), or 658G-11(b). [L 2012, c 207, pt of §1]As used in this chapter:

"Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that:

(1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and

(2) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

"Collaborative law participation agreement" means an agreement by persons to participate in a collaborative law process.

"Collaborative law process" means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

(1) Sign a collaborative law participation agreement; and

(2) Are represented by collaborative lawyers.

"Collaborative lawyer" means a lawyer who represents a party in a collaborative law process.

"Collaborative matter" means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement.

"Law firm" means:

(1) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association;

(2) Lawyers employed in a legal services organization;

(3) Lawyers employed in the legal department of a corporation or other organization; or

(4) Lawyers employed in the legal department of a government or governmental subdivision, agency, or instrumentality.

"Nonparty participant" means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process.

"Party" means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

"Proceeding" means:

(1) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

(2) A legislative hearing or similar process.

"Prospective party" means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Related to a collaborative matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

"Sign" means, with present intent, to authenticate or adopt a record:

(1) To execute or adopt a tangible symbol; or

(2) To attach to or logically associate with the record an electronic symbol, sound, or process.

"Tribunal" means:

(1) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

(2) A legislative body conducting a hearing or similar process. [L 2012, c 207, pt of §1]A tribunal may approve an agreement resulting from a collaborative law process.(a) The disqualification of section 658G-9(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.

(b) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:

(1) The collaborative law participation agreement so provides; and

(2) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from that participation. [L 2012, c 207, pt of §1](a) A privilege under section 658G-17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.

(b) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 658G-17, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation. [L 2012, c 207, pt of §1]In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.This chapter applies to a collaborative law participation agreement that meets the requirements of section 658G-4 signed after July 1, 2012.

Revision Note

"July 1, 2012" substituted for "the effective date of this chapter".(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.

(b) A tribunal may not order a party to participate in a collaborative law process over that party's objection.

(c) A collaborative law process is concluded by:

(1) The resolution of a collaborative matter as evidenced by a signed record;

(2) The resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(3) The termination of the process.

(d) A collaborative law process terminates:

(1) When a party gives notice to other parties in a record that the process is ended; or

(2) When a party:

(A) Begins a proceeding related to a collaborative matter without the agreement of all parties; or

(B) In a pending proceeding related to the matter:

(i) Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;

(ii) Requests that the proceeding be put on the tribunal's active calendar; or

(iii) Takes similar action requiring notice to be sent to the parties; or

(3) Except as otherwise provided by subsection (e), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

(e) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.

(f) A party may terminate a collaborative law process with or without cause.

(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (d)(3) is sent to the parties:

(1) The unrepresented party engages a successor collaborative lawyer; and

(2) In a signed record:

(A) The parties consent to continue the process by reaffirming the collaborative law participation agreement;

(B) The agreement is amended to identify the successor collaborative lawyer; and

(C) The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.

(h) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.

(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process. [L 2012, c 207, pt of §1]
Haw. Rev. Stat. § 663-1.5 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.5
Exception to liability.
Status: in_force

(a) Any person who in good faith renders emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency to a victim of the accident or emergency shall not be liable for any civil damages resulting from the person's acts or omissions, except for such damages as may result from the person's gross negligence or wanton acts or omissions.

(b) No act or omission of any rescue team or physician working in direct communication with a rescue team operating in conjunction with a hospital or an authorized emergency vehicle of the hospital or the State or county, while attempting to resuscitate any person who is in immediate danger of loss of life, shall impose any liability upon the rescue team, the physicians, or the owners or operators of such hospital or authorized emergency vehicle, if good faith is exercised.

This section shall not relieve the owners or operators of the hospital or authorized emergency vehicle of any other duty imposed upon them by law for the designation and training of members of a rescue team or for any provisions regarding maintenance of equipment to be used by the rescue team or any damages resulting from gross negligence or wanton acts or omissions.

(c) Any physician or physician assistant licensed to practice under the laws of this State or any other state who in good faith renders emergency medical care in a hospital to a person, who is in immediate danger of loss of life, without remuneration or expectation of remuneration, shall not be liable for any civil damages, if the physician or physician assistant exercises that standard of care expected of similar physicians or physician assistants under similar circumstances. Any physician who supervises a physician assistant providing emergency medical care pursuant to this section shall not be required to meet the requirements set forth in chapter 453 regarding supervising physicians.

(d) Any person or other entity who as a public service publishes written general first aid information dealing with emergency first aid treatment, without remuneration or expectation of remuneration for providing this public service, shall not be liable for any civil damages resulting from the written publication of such first aid information except as may result from its gross negligence or wanton acts or omissions.

(e) Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions.

Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions.

(f) Any physician or physician assistant who administers an automated external defibrillator program without remuneration or expectation of remuneration shall not be liable for any civil damages resulting from any act or omission involving the use of an automated external defibrillator, except as may result from the physician's or physician assistant's gross negligence or wanton acts or omissions.

(g) Any person who in good faith, without remuneration or expectation of remuneration, attempts to rescue a person in immediate danger of loss of life by use of a rescue tube, regardless of where the rescue tube that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions.

The owner or operator of any premises, property, or facility that is adjacent to navigable waters, where a rescue tube is located shall not be liable for any civil damages resulting from any act or omission relating to the storage, maintenance, or use of the rescue tube.

(h) This section shall not relieve any person, physician, physician assistant, or employer of:

(1) Any other duty imposed by law regarding the designation and training of persons or employees;

(2) Any other duty imposed by provisions regarding the maintenance of equipment to be used for resuscitation; or

(3) Liability for any damages resulting from gross negligence, or wanton acts or omissions.

(i) For the purposes of this section:

"Automated external defibrillator program" means an appropriate training course that includes cardiopulmonary resuscitation and proficiency in the use of an automated external defibrillator.

"Good faith" includes but is not limited to a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed.

"Rescue team" means a special group of physicians, basic life support personnel, advanced life support personnel, surgeons, nurses, volunteers, or employees of the owners or operators of the hospital or authorized emergency vehicle who have been trained in basic or advanced life support and have been designated by the owners or operators of the hospital or authorized emergency vehicle to attempt to provide such support and resuscitate persons who are in immediate danger of loss of life in cases of emergency.

"Rescue tube" means a flotation device used for water rescues that helps support the victim's and rescuer's weight. [L 1969, c 80, §1; am L 1974, c 44, §1; am L 1979, c 81, §2; am L 1980, c 232, §35; am L 1983, c 33, §1; gen ch 1985; am L 1998, c 160, §2; am L 2004, c 191, §1; am L 2007, c 91, §§2, 3; am L 2009, c 17, §1 and c 151, §§23, 24 ; am L 2018, c 145, §2]
Haw. Rev. Stat. § 658A-15 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-15
Arbitration process.
Status: in_force

(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.

(b) An arbitrator may decide a request for summary disposition of a claim or particular issue:

(1) If all interested parties agree; or

(2) Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.

(c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

(d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with section 658A-11 to continue the proceeding and to resolve the controversy. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 654-8 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-8
Plaintiff's option.
Status: in_force

If the party found to be entitled to the property is not already in possession thereof by delivery under this chapter, or otherwise, the party may, in addition to an execution for damages awarded under section 654-7, at the party's option have an execution for the delivery of the specific property, or for the value thereof. If any portion of the property cannot be obtained on execution the party entitled thereto may take the remainder and apply for and obtain a supplementary judgment for the value of the missing portion together with damages. [L Sp 1949, c 7, pt of §1; RL 1955, §244-28; HRS §654-29; am L 1972, c 90, §1(f); ren HRS §654-8; gen ch 1985]
Haw. Rev. Stat. § 657D-18 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-18
Limitation prescribed by state tax laws as affected by period of service.
Status: in_force

Section 657D-16 shall not apply to any period of limitation in state tax laws set forth in title 14.
Haw. Rev. Stat. § 658A-24 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-24
Modification or correction of award.
Status: in_force

(a) Upon motion made within ninety days after the movant receives notice of the award pursuant to section 658A-19 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 658A-20, the court shall modify or correct the award if:

(1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

(2) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(3) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(b) If a motion made under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

(c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 658B-1 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-1
Definitions.
Status: in_force

In this chapter:

"Action" means a judicial proceeding or arbitration in which a money payment may be awarded or enforced in respect of a foreign-money claim.

"Conversion date" means the banking day next before the date on which money is, in accordance with this chapter:

(1) Paid to a judgment creditor;

(2) Paid to the designated official enforcing a judgment on behalf of the judgment creditor; or

(3) Used to effect a recoupment or set-off of claims in different moneys in an action.

"Distribution proceeding" means a judicial or nonjudicial proceeding for an accounting, an assignment for the benefit of creditors, a foreclosure, for the liquidation or rehabilitation of a corporation or other entity, for the distribution of an estate, trust, or other fund in or against which a foreign-money claim is asserted.

"Foreign money" means money other [than] money of the United States of America.

"Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.

"Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.

"Money of the claim" means the money determined as proper by section 658B-4.

"Party" means an individual, a corporation, government or governmental subdivision or agency, business trust, partnership or association of two or more persons having a joint or common interest, or any other legal or commercial entity asserting or defending against a foreign-money claim.

"Rate of exchange" means the rate at which the money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by the party obliged to pay or to state a rate of conversion. If separate exchange rates apply to different kinds of transactions or events, the term means the rate applicable to the particular transaction or event giving rise to the foreign-money claim.

"Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for settlement by immediate payment, by charge to an account, or by an agreed delayed settlement not exceeding two days. "Bank-offered spot rate" means the rate of exchange at which a bank will issue its draft in the foreign money or will cause credit to become available in the foreign money on a next-day basis.

"State" means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the United States Virgin Islands. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 657-12 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-12
REPEALED.
Status: in_force

L 1972, c 105, §1(q).
Haw. Rev. Stat. § 672B-17 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-17
Annual report.
Status: in_force

The director shall prepare and submit to the legislature annually, no later than twenty days prior to the convening of each regular session, a report containing the director's evaluation of the operation and effects of this chapter. The report shall include a summary of the claims brought before the design claim conciliation panel and the disposition of the claims, a description and summary of the work of the panel under this chapter, an appraisal of the effectiveness of this chapter in securing prompt and fair disposition of design tort claims, a review of the number and outcomes of claims brought under section 672B-5 and recommendations for changes, modifications or repeal of this chapter or parts thereof with accompanying reasons and data.
Haw. Rev. Stat. § 672B-10 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-10
Expungement of records; liability insurance rates.
Status: in_force

(a) Upon a decision by the design claim conciliation panel finding for the design professional pursuant to section 672B‑9(a), the design professional may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if a majority of the panel finds that the complaint is fraudulent or frivolous.

(b) No insurer providing professional liability insurance for a design professional shall increase any premium rate for the design professional on the basis of the filing of a tort claim against the design professional that is determined by the design claim conciliation panel to be fraudulent or frivolous. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 663-22 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-22
Reduction of award.
Status: in_force

[§663-22 Reduction of award.] If in such action it is determined that plaintiff is entitled to recover, defendant may introduce evidence of any advance payment made, and the court shall reduce the award to the plaintiff to the extent that said award includes an amount paid by any such advance payment.
Haw. Rev. Stat. § 669-3.5 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-3.5
Trial when legal title in controversy.
Status: in_force

Whenever in an action brought under this chapter the legal title is in controversy, the issue shall be triable of right by a jury.
Haw. Rev. Stat. § 660-30 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-30
Admitted to bail, when.
Status: in_force

If the person is detained for any cause or offense and admittance to bail is a matter of right, the person shall be admitted to bail, or bail may be dispensed with as provided by the state constitution. If the person cannot furnish the bail ordered, then the person shall be remanded with an order of the court, expressing the sum in which the person is held to bail and the court at which the person is required to appear.
Haw. Rev. Stat. § 667-62 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-62
Time share interest foreclosure under power of sale; notice; affidavit after sale.
Status: in_force

(a) When a power of sale is contained in a mortgage of a time share interest, the mortgagee or the mortgagee's successor in interest or any person authorized by the power to act in the premises, upon a breach of the condition, may foreclose upon the mortgage by:

(1) Giving notice of the intention to foreclose the mortgage and of the sale of the mortgaged time share interest by:

(A) Certified mail, return receipt requested, to the mortgagor at the mortgagor's last known address, for mortgagors whose address is within the United States; or

(B) Mail to the mortgagor at the mortgagor's last known address, for mortgagors whose address is outside the United States; and

(C) Publication once in each of three successive weeks (three publications), the last publication to be not less than fourteen days before the day of sale, in a newspaper of general circulation in the county in which the mortgaged time share interest lies; and

(2) Giving such notices and [doing] all such acts as are authorized or required by the power contained in the mortgage.

Copies of the notice shall be filed with the state director of taxation and shall be posted on the premises of the time share interest not less than twenty-one days before the day of sale.

(b) The day of sale may be at any time after four weeks from the date of publication of the first notice pursuant to subsection (a)(1). Any sale of which notice has been given pursuant to subsection (a) may be postponed from time to time by public announcement made by the mortgagee or by some person acting on the mortgagee's behalf.

(c) Within thirty days after selling the time share interest pursuant to the power of sale, the mortgagee shall file a copy of the notice of sale and the mortgagee's affidavit in the bureau of conveyances. The affidavit may lawfully be made by any person duly authorized to act for the mortgagee and in such capacity conducting the foreclosure, and shall set forth the mortgagee's acts in the time share interest fully and with particularity. The notice may contain a description of the mortgaged time share interest and the time and place proposed for its sale.

(d) The affidavit and copy of the notice shall be recorded and indexed by the registrar of conveyances as provided in chapter 501 or 502, as the case may be. [L 2005, c 82, pt of §1]

Revision Note

Pursuant to §23G-15, in:

(1) Subsection (a)(1), comma deleted after "the mortgage"; and

(2) Subsection (a)(2), "do" changed to "doing".
Haw. Rev. Stat. § 658B-10 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-10
Enforcement of foreign judgments.
Status: in_force

(a) Subject to subsections (b) and (c), if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in section 658B-7 whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this State.

(b) Notwithstanding subsection (a), a foreign judgment may be filed in accordance with any statute of this State providing a procedure for its recognition and enforcement.

(c) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this State in United States dollars only. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 671D-2 — HI Code / Division 4 / Title 36 / Chapter 671D / Section 671D-2
Purpose.
Status: in_force

The purpose of this chapter is to provide incentives and protection for physicians engaging in effective professional peer review.
Haw. Rev. Stat. § 668-12 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-12
Estates for life and years, and contingent estates.
Status: in_force

If an estate for life or years is found to exist as to any part of the property or if any estate in dower or by curtesy exists with respect thereto, and the person interested has been served, the estate shall after partition relate only to the share set apart in partition and corresponding in severalty to the undivided interest theretofore subject thereto; and likewise as to any estate or interest dependent upon any contingency or executory provision, or inchoate right of dower. If the property is sold, the proceeds of sale of the share or interest theretofore subject thereto shall be subject to the same estate in lieu of the property sold. If the parties interested in any fund subject to any estate for life or years or any estate in dower or by curtesy do not agree upon a sum in gross to be paid and accepted as the equivalent thereof, the court shall direct the fund to be invested and the income thereof paid and the corpus eventually transferred to the parties entitled thereto, as they shall respectively be or become entitled. If any such fund represents the proceeds of sale of any share theretofore subject to any contingent estate or right therein or to any executory provision, or inchoate right of dower, the fund involved shall be held by the court or suitably placed in trust and invested upon the same terms and conditions as to the vesting or enjoyment thereof as before existed with respect to the share or interest sold.
Haw. Rev. Stat. § 667-84 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-84
[ §667-84] Confidentiality.
Status: in_force

[ §667-84] Confidentiality. Personal financial information and other sensitive personal information, including information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness which is disclosed by the parties in the course of the mortgage foreclosure dispute resolution program, shall be confidential and not subject to public disclosure under chapter 92F or any other state law.
Haw. Rev. Stat. § 664-37 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-37
REPEALED.
Status: in_force

L 1972, c 90, §6(r).
Haw. Rev. Stat. § 666-14 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-14
Writ stayed how, in proceedings for nonpayment of rent.
Status: in_force

The issuing of the writ of possession shall be stayed in the case of a proceeding for the nonpayment of rent, if the person owing the rent, before the writ is actually issued, pays the rent due and interest thereon at the rate of eight per cent a year and all costs and charges of the proceedings, and all expenses incurred by plaintiff, including a reasonable fee for the plaintiff's attorney. [CC 1859, §946; RL 1925, §2787; am L 1927, c 124, §1; RL 1935, §4024; RL 1945, §10413; RL 1955, §240-14; HRS §666-14; am L 1972, c 90, §8(g); gen ch 1985]
Haw. Rev. Stat. § 667-58 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-58
Valid notice ; affiliate statement.
Status: in_force

(a) Any notices made pursuant to this chapter may be issued only by persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement signed by that foreclosing mortgagee or lender and recorded at the bureau of conveyances identifying the agency or affiliate relationship and the authority granted or conferred to that agent or representative.

(b) The bureau of conveyances document number for the affiliate statement required under subsection (a) shall be included in any notice required to be personally served upon the mortgagor or borrower under this chapter.

(c) Any notice provided by a mortgage servicer, including an agent, employee, or representative of that mortgage servicer, shall be issued only by a mortgage servicer that has been listed in the affiliate statement filed by the foreclosing mortgagee or lender under subsection (a); provided further that the mortgage servicer shall be licensed under or otherwise exempt from chapter 454M. The agency relationship or affiliation of the mortgage servicer and the foreclosing mortgagee or lender and any authority granted or conferred to that mortgage servicer shall be described in the affiliate statement filed under both subsection (a) and section 454M-5(b)(5)(F).

(d) No attorney of a mortgage servicer, foreclosing mortgagee, or lender shall be required to be included in any affiliate statement of a foreclosing mortgagee or lender. No notice or other correspondence made by any attorney for the foreclosing mortgagee or lender shall be required to reference any affiliate statement made by the foreclosing mortgagee or lender. Any notice or other correspondence made by any attorney for a mortgage servicer shall reference, in accordance with subsection (b), the appropriate affiliate statement of the foreclosing mortgagee or lender authorizing the mortgage servicer to act. [L 2011, c 48, pt of §6 ; am L 2012, c 182, § 32; am L 2015, c 62, §8 ]
Haw. Rev. Stat. § 652-8 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-8
Execution, when.
Status: in_force

If the garnishee fails to appear upon the day and hour of hearing named in the summons or writ above mentioned, or if having appeared, the garnishee refuses to disclose upon oath whether the garnishee has goods or effects of the defendant debtor in the garnishee's hands, and their nature and value, or whether a debt is due from the garnishee to the defendant debtor and its amount, or whether the garnishee has any moneys of the defendant debtor in the garnishee's possession for safekeeping, and the amount thereof, the case shall proceed to trial. If the plaintiff recovers a judgment, execution shall issue at the plaintiff's request, against the estate of the contumacious garnishee for the amount of judgment as the garnishee's own proper debt, and the lawful costs; provided that if it appears that the goods and effects are of less value, the debt of less amount and the moneys in safekeeping of less amount than the judgment recovered against the defendant debtor, judgment shall be rendered against the garnishee to the value of the goods or the amount of the debt or the amount of the moneys in safekeeping, and if it appears that the garnishee has no goods or effects of the defendant debtor in the garnishee's hands, or is not indebted to the defendant debtor, or has no moneys in the garnishee's possession for safekeeping, then the garnishee shall recover the garnishee's lawful costs. However, if the garnishee appears and on oath discloses fully whether the garnishee has in the garnishee's hands the goods or effects of the defendant debtor, or is indebted to the defendant debtor or has in the garnishee's possession moneys of the defendant debtor for safekeeping, and it appears to the court that the garnishee has no goods or effects of the defendant debtor, or is not so indebted, or has no moneys of the defendant debtor for safekeeping, then judgment shall be given for the garnishee, and the garnishee shall recover the garnishee's lawful costs.
Haw. Rev. Stat. § 651-32 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-32
Execution, district court; form.
Status: in_force

Every district judge at the request of the party recovering any civil judgment in the judge's court, unless the judgment is duly appealed from, shall issue the judge's execution against the property of the party recovered against, which execution may be in the form established by the usage and practice of the issuing court and may be directed to any police officer of the judicial circuit in which the district court is situated; provided the defendant or any of the defendants is a resident of the circuit. [CC 1859, §1016; RL 1925, §2437; RL 1935, §4136; RL 1945, §10163; RL 1955, §233-31; am L 1963, c 108, §4; HRS §651-32; am L 1970, c 188, §§39, 40; am L 1998, c 36, §2]
Haw. Rev. Stat. § 668-4 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-4
Pleadings; substitution of heirs in case of death.
Status: in_force

[(a)] Each party shall allege the source or derivation and devolution of the party's title, right, interest, or claim. The answers of the defendants shall state, among other things, the precise nature and extent of their respective interests or claims.

[(b)] If any suggestion of death of any party is made to the court, the court shall upon ascertainment of the identity of the heirs or devisees of the decedent, order them joined as parties as provided by the rules of court. [L 1923, c 178, §4; RL 1925, §2764; RL 1935, §4743; RL 1945, §12453; RL 1955, §337-4; HRS §668-4; am L 1972, c 90, §11(d); gen ch 1985]
Haw. Rev. Stat. § 667-60 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-60
Unfair or deceptive act or practice ; transfer of title.
Status: in_force

(a) Any foreclosing mortgagee who engages in any of the following violations of this chapter shall have committed an unfair or deceptive act or practice under section 480-2 :

(1) Failing to provide a borrower or mortgagor with, or failing to serve as required, the information required by section 667-22 or 667-55;

(2) Failing to publish, or to post , information on the mortgaged property, as required by section 667-27 or 667-28;

(3) Failing to take any action required by section 667-24 if the default is cured or an agreement is reached;

(4) Engaging in conduct prohibited under section 667-56;

(5) Holding a public sale in violation of section 667-25;

(6) Failing to include in a public notice of public sale the information required by section 667-27 or section 667-28;

(7) Failing to provide the information required by section 667-41;

(8) With regard to mortgage foreclosure dispute resolution under part V:

(A) Failing to provide notice of the availability of dispute resolution as required by section 667-75;

(B) Participating in dispute resolution without authorization to negotiate a loan modification, or without access to a person so authorized, as required by section 667-80(a)(1);

(C) Failing to provide required information or documents as required by section 667-80(c); or

(D) Completing a nonjudicial foreclosure if a neutral's closing report under section 667-82 indicates that the foreclosing mortgagee failed to comply with requirements of the mortgage foreclosure dispute resolution program;

(9) Completing a nonjudicial foreclosure while a stay is in effect under section 667-83;

(10) Failing to distribute sale proceeds as required by section 667-31;

(11) Making any false statement in the affidavit of public sale required by section 667-32;

(12) Attempting to collect a deficiency in violation of section 667-38 ; and

(13) Failing to file a foreclosure notice with the department as required by section 667-76(a).

(b) Notwithstanding subsection (a), the transfer of title to the purchaser of the property as a result of a foreclosure under this chapter shall only be subject to avoidance under section 480-12 for violations described in subsection (a)(1) to (9) if such violations are shown to be substantial and material; provided that a foreclosure sale shall not be subject to avoidance under section 480-12 for violation of section 667-56(5).

(c) Any action to void the transfer of title to the purchaser of property pursuant to a foreclosure by power of sale under part II of this chapter shall be filed in the circuit court of the circuit within which the foreclosed property is situated no later than sixty days following the recording of the affidavit required by section 667-32. If no such action is filed within the sixty-day period, then title to the property shall be deemed conclusively vested in the purchaser free and clear of any claim by the mortgagor or anyone claiming by, through, or under the mortgagor. [L 2011, c 48, pt of §6; am L 2012, c 182, §34 ]
Haw. Rev. Stat. § 657D-2 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-2
Territorial application; jurisdiction of courts; form of procedure.
Status: in_force

(a) This chapter shall apply to the United States, the states and territories, the District of Columbia, and all territories subject to the jurisdiction of the United States, and to proceedings commenced in any court therein, and shall be enforced through the usual forms of procedure in such courts or under their rules.

(b) When under this chapter any application is required to be made to a court in which no proceeding has already been commenced as to the matter, that application may be made to any court. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 663-15.5 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-15.5
Release; joint tortfeasors; co-obligors; good faith settlement.
Status: in_force

(a) A release, dismissal with or without prejudice, or a covenant not to sue or not to enforce a judgment that is given in good faith under subsection (b) to one or more joint tortfeasors, or to one or more co-obligors who are mutually subject to contribution rights, shall:

(1) Not discharge any other joint tortfeasor or co-obligor not released from liability unless its terms so provide;

(2) Reduce the claims against the other joint tortfeasor or co-obligor not released in the amount stipulated by the release, dismissal, or covenant, or in the amount of the consideration paid for it, whichever is greater; and

(3) Discharge the party to whom it is given from all liability for any contribution to any other joint tortfeasor or co-obligor.

This subsection shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves.

(b) For purposes of subsection (a), any party shall petition the court for a hearing on the issue of good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, serving notice to all other known joint tortfeasors or co-obligors. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced.

The petition shall indicate the settling parties and, except for a settlement that includes a confidentiality agreement regarding the case or the terms of the settlement, the basis, terms, and settlement amount.

The notice, petition, and proposed order shall be served as provided by rules of court or by certified mail, return receipt requested. Proof of service shall be filed with the court. Within twenty-five days of the mailing of the notice, petition, and proposed order, a nonsettling alleged joint tortfeasor or co-obligor may file an objection to contest the good faith of the settlement. If none of the nonsettling alleged joint tortfeasors or co-obligors files an objection within the twenty-five days, the court may approve the settlement without a hearing. An objection by a nonsettling alleged joint tortfeasor or co-obligor shall be served upon all parties. A nonsettling alleged joint tortfeasor or co-obligor asserting a lack of good faith shall have the burden of proof on that issue.

Where a confidentiality agreement has been entered into regarding the claim or settlement terms, the court shall hear the matter in a manner consistent with preventing public disclosure of the agreement while providing other joint tortfeasors and co-obligors sufficient information to object to a proposed settlement.

(c) The court may determine the issue of good faith for purposes of subsection (a) on the basis of affidavits or declarations served with the petition under subsection (b) and any affidavits or declarations filed in response. In the alternative, the court, in its discretion, may receive other evidence at a hearing.

(d) A determination by the court that a settlement was made in good faith shall:

(1) Bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor, except those based on a written indemnity agreement; and

(2) Result in a dismissal of all cross-claims filed against the settling joint tortfeasor or co-obligor, except those based on a written indemnity agreement.

(e) A party aggrieved by a court determination on the issue of good faith may appeal the determination. The appeal shall be filed within twenty days after service of written notice of the determination, or within any additional time not exceeding twenty days as the court may allow.

(f) The running of any statute of limitations or other time limitations shall be tolled during the period of consideration by the court on the issue of good faith.

(g) The procedures, rights, and obligations of this section shall apply to a release, dismissal, or covenant given before, as well as after, a lawsuit has been filed and does not require the existence of a lawsuit.

(h) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt where the contract was made prior to January 1, 2002. [L 2001, c 300, §1; am L 2003, c 146, §1; am L 2017, c 12, §73]
Haw. Rev. Stat. § 658B-3 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-3
Variation by agreement.
Status: in_force

(a) The effect of provisions of this chapter may be varied by agreement of the parties made at any time before or after commencement of an action, commencement of a distribution proceeding, or the entry of judgment.

(b) The parties may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may use different moneys for different aspects of the transaction. Stating the price in a foreign money or for a particular transaction does not, of itself, require the use of that money for other aspects of the transaction. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 655-2 — HI Code / Division 4 / Title 36 / Chapter 655 / Section 655-2
Enforcement of order.
Status: in_force

Whenever in the exercise of its authority a court has ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff, or any of the sheriff's deputies, or any police officer to take the money or thing and deposit or deliver it in conformity with the direction of the court. [CC 1859, §1154; am imp L 1905, c 39, §67; am imp L 1907, c 118, §122; RL 1925, §2384; RL 1935, §4118; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10232; RL 1955, §243-2; am L 1963, c 85, §3; HRS §655-2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 660-6 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-6
Form of writ.
Status: in_force

The court or judge to whom the complaint is made shall, without delay, award and issue the writ unless it appears from the application that the person detained is not entitled thereto or an order to show cause is issued under section 660-7. The writ of habeas corpus may be in the following form:

State of Hawaii.

To......................................greeting.

We command you that immediately upon the receipt of this writ, you have and produce before.....at.....the body of.....who is unjustly imprisoned and restrained of his liberty, as it is said, to do and receive what shall then and there be considered concerning him in this behalf. And have you there this writ, with your doings thereon.

Witness the Honorable.....at.....this.....day of.................20....

[Seal]

................................
Haw. Rev. Stat. § 663-10.5 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-10.5
Government entity as a tortfeasor; abolition of joint and several liability.
Status: in_force

(a) Any other law to the contrary notwithstanding, including but not limited to sections 663-10.9, 663-11 to 663-13, 663-16, 663-17, and 663-31, in any case where a government entity is determined to be a tortfeasor along with one or more other tortfeasors, the government entity shall be liable for no more than that percentage share of the damages attributable to the government entity; provided that joint and several liability shall be retained for tort claims relating to the maintenance and design of highways pursuant to section 663-10.9.

(b) For purposes of this section, the liability of a government entity shall include its vicarious liability for the acts or omissions of its officers and employees.

(c) For purposes of this section, "government entity" means any unit of government in this State, including:

(1) The State;

(2) Any county or combination of counties, department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of state or county government; and

(3) Any corporation or other establishment owned, operated, or managed by or on behalf of this State or any county. [L 1994, c 213, §1; am L 2001, c 300, §2; am L 2006, c 112, §1; am L 2017, c 12, §72]
Haw. Rev. Stat. § 658F-8 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-8
Stay of proceedings pending appeal of foreign-country judgment.
Status: in_force

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Haw. Rev. Stat. § 657-15 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-15
Two or more disabilities.
Status: in_force

Where there are two or more such disabilities existing at the time the right of action accrued, the limitations herein prescribed shall not attach until all the disabilities are removed. [CC 1859, §1047; RL 1925, §2650; RL 1935, §3921; RL 1945, §10432; RL 1955, §241-14; HRS §657-15]
Haw. Rev. Stat. § 672B-13 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-13
Submission of claim to an alternative dispute resolution provider.
Status: in_force

(a) Any claim initially filed with the design claim conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties to the claim and with the written approval of the director. The director shall approve the alternative dispute resolution provider and the alternative dispute resolution procedures.

(b) The parties shall comply with the procedures established by the alternative dispute resolution provider and approved by the director. If a party does not comply with those procedures, any other party may file a motion with the director to have the claim resubmitted to the design claim conciliation panel.

(c) Within thirty days after the completion of the alternative dispute resolution process, the alternative dispute resolution provider shall notify all parties concerned, their counsel, and the representative of each design professional's liability insurance carrier authorized to act for the carrier, as appropriate, that the alternative dispute resolution process has been completed.

(d) The claimant may institute litigation based upon the claim in an appropriate court only if:

(1) The parties were not able to resolve the entire claim through the alternative dispute resolution process and the matter has not been resubmitted to the design claim conciliation panel pursuant to subsection (b); or

(2) The claim has not been resolved through the alternative dispute resolution process after twelve months from the date the claim was filed with the approved alternative dispute resolution provider.

(e) No statement made in the course of the approved alternative dispute resolution process shall be admissible in evidence as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action. No decision, conclusion, finding, or recommendation of the approved alternative dispute resolution provider on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the approved alternative dispute resolution hearing, their counsel, or other representative of the party, refer or comment thereon in an opening statement, in an argument, or at any time, to the court or jury. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 667-75 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-75
Notice of dispute resolution availability required.
Status: in_force

(a) A foreclosure notice served pursuant to section 667-22(e) shall include notice that the mortgagee is required, at the election of an owner-occupant, to participate in the mortgage foreclosure dispute resolution program pursuant to this part to attempt to avoid foreclosure or to mitigate damages where foreclosure is unavoidable.

(b) The notice required by subsection (a) shall be printed in not less than fourteen-point font and include:

(1) The name and contact information of the mortgagor and the mortgagee;

(2) The subject property address and legal description, including tax map key number and the certificate of title or transfer certificate of title number if registered in the land court;

(3) The name and contact information of a person or entity authorized to negotiate a loan modification on behalf of the mortgagee;

(4) A statement that the mortgagor shall consult with an approved housing counselor or an approved budget and credit counselor at least thirty days prior to the first day of a scheduled dispute resolution session;

(5) Contact information for all approved housing counselors;

(6) Contact information for all approved budget and credit counselors;

(7) A statement that the mortgagor electing to participate in the mortgage foreclosure dispute resolution program shall provide a certification under penalty of perjury to the department that the mortgagor is an owner-occupant of the subject property, including supporting documentation;

(8) A general description of the information that an owner-occupant electing to participate in the mortgage foreclosure dispute resolution program is required to provide to participate in the program as described under section 667-80(c)(2);

(9) A statement that the owner-occupant shall elect to participate in the mortgage foreclosure dispute resolution program pursuant to this part no later than thirty days after the department's mailing of the notice or the right shall be waived. [L 2011, c 48 , pt of §1 , §45( 2 ) ; am L 2012, c 182, §§ 39 , 49 ]
Haw. Rev. Stat. § 668-2 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-2
Necessary parties; unknown owners.
Status: in_force

[(a)] Subject to the rules of court and section 668-8.5, plaintiff shall join as a party every person having or claiming to have, as far as known to the plaintiff, any legal or equitable right, title, or interest in the property described in the complaint or any part thereof or any lien or other claim with respect thereto. Such persons shall be named in the complaint as far as known to the plaintiff.

[(b)] All persons interested or who may claim any interest in the premises who cannot be identified or whose names are unknown to the plaintiff, shall be made parties as provided by the rules of court. [L 1923, c 178, §2; RL 1925, §2762; am L 1929, c 83, §1; RL 1935, §4741; RL 1945, §12451; RL 1955, §337-2; HRS §668-2; am L 1972, c 90, §11(b); gen ch 1985]
Haw. Rev. Stat. § 663-1.56 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.56
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks.
Status: in_force

(a) The State or county operating a public beach park shall have a duty to warn the public specifically of dangerous shorebreak or strong current in the ocean adjacent to a public beach park if these conditions are extremely dangerous, typical for the specific beach, and if they pose a risk of serious injury or death.

(b) A sign or signs warning of dangerous shorebreak or strong current shall be conclusively presumed to be legally adequate to warn of these dangerous conditions, if the State or county posts a sign or signs warning of the dangerous shorebreak or strong current and the design and placement of the warning sign or signs has been approved by the chairperson of the board of land and natural resources. The chairperson shall consult the governor's task force on beach and water safety prior to approving the design and placement of the warning sign or signs.

(c) A sign or signs warning of other extremely dangerous natural conditions in the ocean adjacent to a public beach park shall be conclusively presumed to be legally adequate to warn of the dangerous natural conditions, if the State or county posts a sign or signs warning of the extremely dangerous natural condition and the design and placement of the sign or signs have been approved by the chairperson of the board of land and natural resources. The chairperson shall consult the task force on beach and water safety prior to issuing an approval of the design and placement of a warning sign or signs pursuant to this section.

(d) The State or county operating a public beach park may submit a comprehensive plan for warning of dangerous natural conditions in the ocean adjacent to a public beach park to the chairperson of the board of land and natural resources who shall review the plan for adequacy of the warning as well as the design and placement of the warning signs, devices, or systems. The chairperson shall consult with the task force on beach and water safety prior to issuing an approval of the plan. The task force on beach and water safety may seek public comment on the plan. In the event that the chairperson approves the plan for the particular beach park after consulting with the task force and the State or county posts the warnings provided for in the approved plan, then the warning signs, devices, or systems shall be conclusively presumed to be legally adequate to warn for all dangerous natural conditions in the ocean adjacent to the public beach park.

(e) Neither the State nor a county shall have a duty to warn on beach accesses, coastal accesses, or in areas that are not public beach parks of dangerous natural conditions in the ocean.

(f) Neither the State nor any county shall have a duty to warn of dangerous natural conditions in the ocean other than as provided in this section.

(g) In the event that a warning sign, device, or system posted or established in accordance with this section is vandalized, otherwise removed, or made illegible, the conclusive presumption provided by this section shall continue for a period of five days from the date that the vandalism, removal, or illegibility is discovered by the State or county. The State or county operating a public beach park shall maintain a record regarding each report of vandalism, removal, or illegibility that results in the replacement of a warning sign, device, or system at a State or county public beach park. The record shall include the date and time of the reporting and the replacement of the warning sign, device, or system. The State and county shall provide a copy of the record annually to the chairperson of the board of land and natural resources and the task force on beach and water safety.

(h) The chairperson shall consider the needs of the public to be warned of potentially dangerous conditions in the ocean adjacent to a public beach park prior to issuing an approval for the design and placement of a warning sign or a comprehensive plan. The chairperson may require warning devices or systems in addition to the signing before approving the design and placement of a warning sign or a comprehensive plan. The approval of the design and placement of a warning sign, device, system or comprehensive plan provided in this section shall be a discretionary decision under chapter 662.

(i) Chapter 91 shall not apply to any process, including any action taken by the chairperson, established or made pursuant to this section.

(j) Nothing in this section shall be construed to have an impact upon governmental liability for the performance of rescue services or duties and responsibilities of lifeguards other than the duty to warn as set forth in this section. [L 1996, c 190, §§2, 7; am L 1999, c 101, §2; am L 2002, c 170, §2; am L 2007, c 152, §3]

Revision Note

In subsection (i), "Hawaii Revised Statutes," deleted pursuant to §23G-15.
Haw. Rev. Stat. § 657D-23 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-23
Mortgages, trust deeds, and other securities.
Status: in_force

(a) This section applies solely to obligations secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service before or at the commencement of the period of the military service and still owned by the person.

(b) In any proceeding commenced in any court during the period of military service to enforce that obligation arising out of nonpayment of any sum due or out of any other breach of the terms occurring prior to or during the period of the person's military service, the court may, after hearing and on its own motion, or shall, on application to it by the person in military service or some person on behalf of the person in military service, unless in the opinion of the court the ability of the defendant to comply with the terms of the obligation is not materially affected by reason of the defendant's military service:

(1) Stay the proceedings as provided in this chapter; or

(2) Make such other disposition of the case as may be equitable to conserve the interests of all parties.

(c) No sale, foreclosure, or seizure of property for nonpayment of any sum due under any such obligation, or for any other breach of the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, shall be valid if made during the period of military service or within one year thereafter, except pursuant to an agreement as provided in section 657D-6, unless upon an order previously granted by the court and a return thereto made and approved by the court.

Any person who knowingly makes, attempts, or causes to be made any such sale, foreclosure, or seizure of property, shall be guilty of a misdemeanor. [L 1994, c 257, pt of §2; am L 2019, c 77, §5]
Haw. Rev. Stat. § 672B-2 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-2
Administration of chapter.
Status: in_force

The director shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter.
Haw. Rev. Stat. § 651-19 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-19
Recording discharge.
Status: in_force

Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of the order may be recorded in the office in which a copy of the writ has been recorded under section 651-9 and be indexed in like manner. All expenses relating to the attachment shall be paid by the plaintiff.
Haw. Rev. Stat. § 651-62 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-62
Indemnity bond if exemption claimed.
Status: in_force

If any officer levies or is about to levy an attachment or execution on any property claimed as exempt under subpart C, and a doubt arises as to the liability of the property to be seized or sold, the officer may demand of the plaintiff a bond with sufficient sureties, payable to the officer, in a sufficient penalty, conditioned to indemnify and save harmless the officer against all damages, costs, and expenses which the officer may sustain in consequence of the seizure or sale of the property. If the bond is not given after twenty-four hours' notice in writing from the officer to the plaintiff, the plaintiff's agent, or attorney, if it is required, the officer may refuse to levy, or, having levied, may dismiss the levy. If the required bond is given, the officer shall seize and sell or dispose of the property according to the command of the process in the officer's hands.
Haw. Rev. Stat. § 667-65 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-65
Application of time share interest power of sale requirements.
Status: in_force

The requirements of sections 667-62 to 667-64 shall apply only to time share interest mortgages, loans, agreements, and contracts that contain the power of sale.
Haw. Rev. Stat. § 651-92 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-92
Real property exempt.
Status: in_force

(a) Real property shall be exempt from attachment or execution as follows:

(1) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding $30,000, owned by the defendant who is either the head of a family or an individual sixty-five years of age or older.

(2) An interest in one parcel of real property in the State of Hawaii, of a fair market value not exceeding $20,000, owned by the defendant who is a person.

The fair market value of the interest exempted in paragraph (1) or (2) shall be determined by appraisal and shall be an interest which is over and above all liens and encumbrances on the real property recorded prior to the lien under which attachment or execution is to be made. Not more than one exemption shall be claimed on any one parcel of real property even though more than one person residing on such real property may otherwise be entitled to an exemption.

Any claim of exemption under this section made before May 27, 1976, shall be deemed to be amended on May 27, 1976, by increasing the exemption to the amount permitted by this section on May 27, 1976, to the extent that such increase does not impair or defeat the right of any creditor who has executed upon the real property prior to May 27, 1976.

(b) No exemption authorized under this section shall apply to process arising from:

(1) A lien as provided by section 507-42;

(2) A lien or security interest created by a mortgage, security agreement, or other security instrument;

(3) A tax lien in the name of the federal or state government;

(4) An improvement district lien of any county of the State; or

(5) A lien or encumbrance recorded against the real property prior to the acquisition of interest in and commencement of residence on such real property. [L 1976, c 136, pt of §1; am L 1978, c 46, §7]

Revision Note

Pursuant to §23G-15, in:

(1) Subsection (a)(1), commas added after "Hawaii" and "$30,000";

(2) Subsection (a)(2), commas added after "Hawaii" and "$20,000"; and

(3) Subsection (a), "paragraphs (1)" changed to "paragraph (1)".
Haw. Rev. Stat. § 658H-3 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-3
Scope.
Status: in_force

(a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which:

(1) The mediation parties are required to mediate by statute or court or administrative rule or referred to mediation by a court, administrative agency, or arbitrator;

(2) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or

(3) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person who holds himself or herself out as providing mediation.

(b) This chapter shall not apply to a mediation:

(1) Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;

(2) Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of a dispute that has been filed with an administrative agency or court;

(3) Conducted by a judge on a case; or

(4) Conducted under the auspices of:

(A) A primary or secondary school if all the mediation parties are students; or

(B) A correctional institution for youths if all the mediation parties are residents of that institution.

(c) If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 658H-4 through 658H-6 shall not apply to the mediation or part agreed upon. However, sections 658H-4 through 658H-6 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the mediation communication is made. [L 2013, c 284, pt of §1; am L 2014, c 5, §1]
Haw. Rev. Stat. § 662D-6 — HI Code / Division 4 / Title 36 / Chapter 662D / Section 662D-6
[ §662D-6] Limited ownership of cemetery grounds.
Status: in_force

[ §662D-6] Limited ownership of cemetery grounds. (a) The director of commerce and consumer affairs, in accordance with subsection (b), may appoint an organization as the limited owner of a cemetery for the purpose of bringing criminal, civil, or administrative complaints, including trespass or other complaints, to secure appropriate relief against persons engaged in wrongful acts.

(b) Appointment of limited ownership shall only be made if the director of commerce and consumer affairs determines that:

(1) A cemetery has been abandoned;

(2) A cemetery is in need of perpetual care or protection from wrongful acts; and

(3) No owner or operator for the cemetery can be located.

(c) Any organization granted limited ownership pursuant to subsection (a) may engage in security and perpetual care activities for the cemetery, including but not limited to:

(1) The installation of security measures, such as fencing and lighting;

(2) The implementation of hours of operation;

(3) Major repair work by contract, such as tree trimming, electrical and plumbing connectivity, and the integration of solar photovoltaic structures;

(4) The generation and raising of long-term funds to support the cemetery; and

(5) Any activities in which a volunteer may engage under section 662D-5.

(d) Any organization designated as a limited owner shall be entitled to the same limited liability protections as volunteers under section 662D-5.

(e) Any organization designated as a limited owner shall submit annual reports to the department of commerce and consumer affairs on the status and progress of any new and existing initiatives undertaken to improve the cemetery.

(f) The director of commerce and consumer affairs, in the director's sole discretion, may terminate the limited ownership appointment at any time.

(g) Appointment as a limited owner of a cemetery property under this section shall vest no property rights in or entitlements to the land or property. The limited privileges granted to a limited owner under this section shall not be construed as vested rights and may be revoked at any time at the sole discretion of the director of commerce and consumer affairs. No action, including an action seeking damages, or appeal under chapter 91 may be brought by any person against the director or department of commerce and consumer affairs or against the State relating to an organization's appointment, non-appointment, or termination of a designation as a limited owner, or an organization's actions or omissions as a limited owner.

(h) For purposes of this section, "wrongful acts" includes activities that are illegal pursuant to any federal, state, or county law, rule, or ordinance. [L 2024, c 193, §2]
Haw. Rev. Stat. § 663-10.9 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-10.9
Abolition of joint and several liability; exceptions.
Status: in_force

Joint and several liability for joint tortfeasors as defined in section 663-11 is abolished except in the following circumstances:

(1) For the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons;

(2) For the recovery of economic and noneconomic damages against joint tortfeasors in actions involving:

(A) Intentional torts;

(B) Torts relating to environmental pollution;

(C) Toxic and asbestos-related torts;

(D) Torts relating to aircraft accidents;

(E) Strict and products liability torts; or

(F) Torts relating to motor vehicle accidents except as provided in paragraph (4);

(3) For the recovery of noneconomic damages in actions, other than those enumerated in paragraph (2), involving injury or death to persons against those tortfeasors whose individual degree of negligence is found to be twenty-five per cent or more under section 663-31. Where a tortfeasor's degree of negligence is less than twenty-five per cent, then the amount recoverable against that tortfeasor for noneconomic damages shall be in direct proportion to the degree of negligence assigned; and

(4) For recovery of noneconomic damages in motor vehicle accidents involving tort actions relating to the maintenance and design of highways including actions involving guardrails, utility poles, street and directional signs, and any other highway-related device upon a showing that the affected joint tortfeasor was given reasonable prior notice of a prior occurrence under similar circumstances to the occurrence upon which the tort claim is based. In actions in which the affected joint tortfeasor has not been shown to have had such reasonable prior notice, the recovery of noneconomic damages shall be as provided in paragraph (3).

(5) Provided, however, that joint and several liability for economic and noneconomic damages for claims against design professionals, as defined in chapter 672, and certified public accountants, as defined in chapter 466, is abolished in actions not involving physical injury or death to persons. [L Sp 1986, c 2, §17; am L 1989, c 300, §2; am L 1991, c 62, §1; am L 1993, c 238, §1; am L 1995, c 130, §1; am L 1999, c 237, §4]
Haw. Rev. Stat. § 657-38 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-38
Possession, interrupting statute.
Status: in_force

No person shall be deemed to have been in possession of any lands within the meaning of this part, merely by reason of having made an entry thereon, unless the person has continued in open and peaceable possession of the same for the space of one year after such entry; or unless an action has been commenced upon the entry within one year after ouster.
Haw. Rev. Stat. § 653-11 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-11
Answer; amount sequestered.
Status: in_force

It shall not be incumbent upon the garnishee to appear in any court or file any answer to the process, but the trial of the action may proceed, in all respects, as though the garnishee had not been included in the action. But from the time of the service of the copy on the garnishee, the garnishee shall withhold from the salary, stipend, or wages, which is then or shall thereafter become due, owing or payable to the beneficiary named in the copy as follows:

Five per cent of the first $100 per month, ten per cent of the next $100 per month, and twenty per cent of all sums in excess of $200 per month, or an equivalent portion of the above amount per week.

The garnishee shall continue to withhold such amount or amounts until the action against the beneficiary has been withdrawn or dismissed, or the judgment against the beneficiary therein, if any, has been fully paid, with legal interest; either of which event shall be certified by the court in or before which the action has been pending. The amount or amounts so withheld shall be deemed sequestered in the treasury of the State, or the political or municipal subdivisions thereof from the time of the service of the copy on the garnishee; provided that no more shall be thus sequestered in advance of final judgment than shall be sufficient to meet the demand of the plaintiff in the action. It shall be unlawful for the garnishee to draw, sign, or issue or permit or cause to be drawn, signed, or issued any warrant payable to the order of the beneficiary or to any other person designated by the beneficiary for the amount or amounts so sequestered. [L 1890, c 50, §8; am L 1903, c 53, §4; am L 1921, c 66, §1; RL 1925, §2855; am L 1933, c 171, §1; RL 1935, §4300; am L 1939, c 212, §3; RL 1945, §10331; RL 1955, §238-11; am L 1959, c 65, §7; HRS §653-11; gen ch 1985]
Haw. Rev. Stat. § 666-10 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-10
REPEALED.
Status: in_force

L 1972, c 90, §8(h).
Haw. Rev. Stat. § 663E-9 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-9
Standard of proof; effect of criminal drug convictions.
Status: in_force

(a) Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.

(b) A person against whom recovery is sought who has a final criminal conviction pursuant to section 712-1241, 712-1242, 712-1244, 712-1245, or 712-1240.5, 712-1240.6, or 712-1249.7 or the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, 84 Stat. 1236 (21 U.S.C. §801 et seq.), arising out of an act or acts within the meaning of the term "participate in the illegal drug market" is estopped from denying participation in the illegal drug market. Such a conviction creates a rebuttable presumption that the person participated in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.

(c) The absence of a criminal drug conviction of a person against whom recovery is sought does not bar an action against that person under this chapter. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 664-2 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-2
Commissioners to keep record.
Status: in_force

Each commissioner of boundaries shall keep a record of the commissioner's proceedings in books, to be furnished the commissioner by the department of land and natural resources, which books, when filled, shall be returned to the department.
Haw. Rev. Stat. § 663-52 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-52
Conclusive presumptions relating to duty of public entities to warn of dangers on improved public lands.
Status: in_force

(a) A sign or signs warning of dangerous natural conditions on improved public lands shall be conclusively presumed to be legally adequate warning of the dangerous natural conditions of which the sign or signs warn, if the State or a county posts a sign or signs warning of the dangerous natural conditions and the design and placement of the warning sign or signs are approved by the board. The board shall consult the risk assessment working group established by chapter 171, prior to approving the design and placement of a warning sign pursuant to this section.

(b) The State or a county may submit to the board a comprehensive plan for warning of dangerous natural conditions at a particular area of improved public lands. The board shall review the plan for adequacy of the warning as well as the design and placement of the warning signs, devices, or systems. The board shall consult with the risk assessment working group before approving the plan. The risk assessment working group shall seek public comment on the plan. In the event that the board after consulting with the risk assessment working group approves the plan for a particular area of improved public lands, and the State or a county posts the warnings provided for in the approved plan, then the warning signs, devices, or systems shall be conclusively presumed to be legally adequate warning of all dangerous natural conditions on the improved public lands.

(c) The State or a county shall have no duty to warn of dangerous natural conditions on unimproved public lands.

(d) If a warning sign, device, or system is posted or established in accordance with this section on unimproved lands, the posting or establishment of the warning sign, device, or system shall not create a duty on the part of the State or county to warn of other dangerous natural conditions on unimproved lands or to place or establish an additional warning sign, device, or system in other locations on the unimproved lands.

(e) The State and the counties shall implement and maintain a sign inspection program in which a park caretaker or other authorized person conducts documented inspections of all signs in the park or trail area on a quarterly or more frequent basis.

Records shall be kept under the sign inspection program which document the date of each sign inspection and whether the particular sign inspected was in place, free of vandalism, and legible. The State and the counties shall annually provide the board with a copy of the documentation of all sign inspections under the sign inspection program.

The conclusive presumption provided by this section shall continue for any sign posted pursuant to this section for a period of one hundred twenty days after the last inspection that documented that the sign was in place and legible, after which the presumption shall lapse until the time at which the sign is subsequently inspected and documented to be in place and in legible condition.

In any circumstance in which the conclusive presumption lapses because of the lack of a documented inspection, the presumption shall be reestablished if the State or county, as the case may be, proves by a preponderance of the evidence that at the time of the incident at issue, the sign was in place and in legible condition.

(f) The board shall adopt rules pursuant to chapter 91 establishing standards to guide the department of land and natural resources and the risk assessment working group in the general design and placement of warning signs; provided that chapter 91 shall not apply to any other process or action undertaken pursuant to this part.

(g) The State and the counties shall implement an accident reporting and recordkeeping program whereby all known accidents in park and trail areas are documented on an accident report form, and all such accident reports are kept on a permanent basis. The risk assessment working group shall review and use accident reports kept as part of this program as part of its consultation to the board under this section. [L 2003, c 82, pt of §2, §8; am L 2007, c 152, §5; am L 2009, c 81, §3; am L 2014, c 86, §2]
Haw. Rev. Stat. § 658H-1 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Mediation Act.
Haw. Rev. Stat. § 651-63 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-63
Liability for selling exempt property.
Status: in_force

If any officer or other person seizes or sells any property exempt from execution under subpart C, the officer or other person shall be liable to an action at the suit of the owner for all damages and costs sustained thereby, including an attorney's fee to be fixed by the court before which the action is tried, and the fact that the officer or person has demanded and received the indemnifying bond mentioned in section 651-62 shall not exempt the officer or other person from the liability in this section specified.
Haw. Rev. Stat. § 657-37 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-37
REPEALED.
Status: in_force

L 1972, c 105, §1(q).
Haw. Rev. Stat. § 659-9 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-9
Corporations not liable to writ, when.
Status: in_force

Where the legislature has granted to a corporation the right to determine the validity of the elections of its members or officers, a writ shall not be issued for the purpose of inquiring into that fact.
Haw. Rev. Stat. § 657-3 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-3
Counterclaim.
Status: in_force

(a) In the cases enumerated in subsection (b), all the provisions of this part, or any other statute of limitations, shall apply to a claim stated as a counterclaim against an opposing party in the same manner as if an action thereon had been commenced at the time when the opposing party commenced the opposing party's action or served the pleading stating the opposing party's claim, or if a different time is applicable to the opposing party's claim under the provisions of this section then at that time.

(b) Subsection (a) shall apply if the claim stated as a counterclaim:

(1) Consists of a liquidated debt or demand, or a debt or demand capable of being ascertained by calculation; or

(2) Arises out of the transaction or occurrence that is the subject matter of the opposing party's claim.

(c) Within the meaning of this section a counterclaim includes a claim asserted against the plaintiff by a third-party defendant and in that situation the plaintiff is deemed an opposing party. [CC 1859, §1050; RL 1925, §2641; RL 1935, §3912; RL 1945, §10423; RL 1955, §241-3; HRS §657-3; am L 1972, c 186, §1; gen ch 1985]
Haw. Rev. Stat. § 663-23 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-23
Refund of payments.
Status: in_force

[§663-23 Refund of payments.] If such action results in a final judgment for defendant, plaintiff, upon receipt of a written demand, shall refund to defendant or defendant's insurance company any advance payment made to or for the plaintiff by defendant or defendant's insurance company.
Haw. Rev. Stat. § 662-8 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-8
Interest.
Status: in_force

On all final judgments rendered against the State in actions instituted under this chapter, interest shall be computed at the rate of four per cent a year from the date of judgment up to, but not exceeding, thirty days after the date of approval of any appropriation act providing for payment of the judgment.
Haw. Rev. Stat. § 663A-1 — HI Code / Division 4 / Title 36 / Chapter 663A / Section 663A-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Mercantile establishment" means any place where merchandise is displayed, held, or offered for sale at retail.

"Merchandise" means all things movable and capable of manual delivery.

"Owner" means any person who owns or operates a mercantile establishment or the agents or employees of that person.

"Shoplifting" means the specific type of theft offense defined in section 708-830(8). [L 1985, c 275, pt of §1]
Haw. Rev. Stat. § 657-20 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-20
Extension by fraudulent concealment.
Status: in_force

If any person who is liable to any of the actions mentioned in this part or section 663-3, fraudulently conceals the existence of the cause of action or the identity of any person who is liable for the claim from the knowledge of the person entitled to bring the action, the action may be commenced at any time within six years after the person who is entitled to bring the same discovers or should have discovered, the existence of the cause of action or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations. [CC 1859, §1049; RL 1925, §2654; RL 1935, §3925; RL 1945, §10436; RL 1955, §241-19; HRS §657-20; am L 1972, c 105, §1(1)]
Haw. Rev. Stat. § 658A-7 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-7
Motion to compel or stay arbitration.
Status: in_force

(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:

(1) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

(2) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

(c) If the court finds that there is no enforceable agreement, it shall not, pursuant to subsection (a) or (b), order the parties to arbitrate.

(d) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

(e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section shall be made in that court. Otherwise a motion under this section shall be made in any court as provided in section 658A-27.

(f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

(g) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 651-10 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-10
Indemnity for police officer.
Status: in_force

If the police officer has any reasonable doubt as to the ownership of the property, or as to its liability to be taken on the writ, the police officer may require sufficient security to indemnify the police officer for attaching it.
Haw. Rev. Stat. § 667-23 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-23
Recordation of notice of default and intention to foreclose.
Status: in_force

Before the deadline date in the notice of default and intention to foreclose, the notice shall be recorded in a recordable form in a manner similar to recordation of notices of pendency of action under section 501-151 or section 634-51, or both, as applicable. The recorded notice of default and intention to foreclose shall have the same effect as a notice of pendency of action. From and after the recordation of the notice of default and intention to foreclose, any person who becomes a purchaser or encumbrancer of the mortgaged property shall be deemed to have constructive notice of the power of sale foreclosure and shall be bound by the foreclosure.