Haw. Rev. Stat. § 661-25 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-25
Action by private persons.
Status: in_force

(a) A person may bring a civil action for a violation of section 661-21 for the person and for the State. The action shall be brought in the name of the State. The action may be dismissed only with the written consent of the court, taking into account the best interests of the parties involved and the public purposes behind this part.

(b) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the State in accordance with the Hawaii rules of civil procedure. The complaint shall be filed in camera, shall remain under seal for at least sixty days, and shall not be served on the defendant until the court so orders. The State may elect to intervene and proceed with the action within sixty days after it receives both the complaint and the material evidence and information.

(c) The State may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under subsection (b). Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this section until twenty days after the complaint is unsealed and served upon the defendant in accordance with the Hawaii rules of civil procedure.

(d) Before the expiration of the sixty-day period or any extension obtained, the State shall:

(1) Proceed with the action, in which case the action shall be conducted by the State and the seal shall be lifted; or

(2) Notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action and the seal shall be lifted.

(e) When a person brings an action under this section, no person other than the State may intervene or bring a related action based on the facts underlying the pending action. [L 2000, c 126, pt of §1; am L 2001, c 55, §28(4)]
Haw. Rev. Stat. § 664-35 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-35
Costs.
Status: in_force

Costs may, in the discretion of the court, be divided, or taxed to the losing party.
Haw. Rev. Stat. § 658A-12 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-12
Disclosure by arbitrator.
Status: in_force

(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

(1) A direct and material financial or personal interest in the outcome of the arbitration proceeding; and

(2) An existing or past substantial relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.

(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

(c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section 658A-23(a)(2) for vacating an award made by the arbitrator.

(d) If the court, upon timely objection by a party, determines that the arbitrator did not disclose a fact required by subsection (a) or (b) to be disclosed, the court may determine that such failure to disclose constituted evident partiality and vacate an award made by the arbitrator pursuant to section 658A-23(a)(2).

(e) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 658A-23(a)(2). [L 2001, c 265, pt of §1; am L 2017, c 187, §1]
Haw. Rev. Stat. § 651-38 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-38
Alias writs.
Status: in_force

Any circuit court, out of which an execution has been issued, if such execution has been returned unsatisfied wholly or in part, may issue an alias execution to the same circuit, or an execution leviable in some other circuit, for the satisfaction of the unpaid remainder of the judgment and additional costs, expenses, and commissions, which alias or testatum writ of execution shall be served in like manner as the original. [CC 1859, §1030; RL 1925, §2442; RL 1935, §4141; RL 1945, §10168; RL 1955, §233-37; HRS §651-38]
Haw. Rev. Stat. § 658B-14 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-14
Short title.
Status: in_force

This chapter may be cited as the Uniform Foreign-Money Claims Act.
Haw. Rev. Stat. § 662-14 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-14
Exclusiveness of remedy.
Status: in_force

(a) The authority of the State or any state agency to sue and be sued in its own name shall not be construed to authorize any other actions against the State or such agency on claims cognizable under this chapter, and the rights and remedies provided by this chapter and section 661-11 shall be exclusive.

(b) The remedy against the State provided by this chapter and section 661-11 for injury or loss of property, or personal injury or death, arising or resulting from the negligent or wrongful act or omission of any professionally licensed or certified employee of the State while acting within the course and scope of the employee's office or employment shall be exclusive whenever the State agrees to be fully liable for the injuries, losses, and damages caused by the negligent or wrongful act or omission of the professionally licensed or certified employee. Any civil action or proceeding for money damages arising out of or relating to the same subject matter against the employee or the employee's estate shall thereafter be precluded without regard to when the act or omission occurred; provided that claims based on liability arising from employment with an employer other than the State shall not be precluded. When an employee is named as a defendant in an individual capacity, the State may notify all parties in writing that the State is invoking exclusive liability by agreeing to be fully liable for the injuries, losses, and damages caused by the professionally licensed or certified employee, and the action or proceeding shall thereafter proceed against the State alone. The employee shall remain personally liable for those injuries, losses, and damages for which the State has not accepted responsibility.

(c ) Nothing in this section shall create a right, claim, or cause of action by an employee against the State if the State does not invoke exclusive liability .

(d) The State shall retain the right to seek reimbursement from an employee if, after invoking exclusive liability, the State discovers that the employee was not acting within the course and scope of the employee's office or employment. [L 1957, c 312, pt of §1; Supp, §245A-14; HRS §662-14; am L 1972, c 164, §2(d); am L 2022, c 44, §2]
Haw. Rev. Stat. § 663-1.7 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.7
Professional society; peer review committee; ethics committee; hospital or clinic quality assurance committee; no liability; exceptions.
Status: in_force

(a) As used in this section:

"Ethics committee" means a committee that may be an interdisciplinary committee appointed by the administrative staff of a licensed hospital, whose function is to consult, educate, review, and make decisions regarding ethical questions, including decisions on life-sustaining therapy.

"Licensed health maintenance organization" means a health maintenance organization licensed in Hawaii under chapter 432D.

"Peer review committee" means a committee created by a professional society, or by the medical or administrative staff of a licensed hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network, whose function is to maintain the professional standards of persons engaged in its profession, occupation, specialty, or practice established by the bylaws of the society, hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network of the persons engaged in its profession or occupation, or area of specialty practice, or in its hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network.

"Preferred provider organization" and "preferred provider network" means a partnership, association, corporation, or other entity which delivers or arranges for the delivery of health services, and which has entered into a written service arrangement or arrangements with health professionals, a majority of whom are licensed to practice medicine or osteopathy.

"Professional society" or "society" means any association or other organization of persons engaged in the same profession or occupation, or a specialty within a profession or occupation, a primary purpose of which is to maintain the professional standards of the persons engaged in its profession or occupation or specialty practice.

"Quality assurance committee" means:

(1) An interdisciplinary committee established by the board of trustees or administrative staff of a licensed hospital, clinic, long-term care facility, skilled nursing facility, assisted living facility, home care agency, hospice, health maintenance organization, preferred provider organization, preferred provider network providing medical, dental, or optometric care, or an authorized state agency whose function is to monitor and evaluate patient care to identify, study, and correct deficiencies in the health care delivery system, with a goal of reducing the risk of harm to patients, improving patient safety, or otherwise improving the quality of care delivered to patients; or

(2) An interdisciplinary committee composed of representatives of organizations described in paragraph (1) that is established collectively by the boards of trustees or administrative staff of these organizations, and whose function is to monitor and evaluate patient care to identify, study, and correct deficiencies in the health care delivery system, with a goal of reducing the risk of harm to patients, improving patient safety, or otherwise improving the quality of care delivered to patients.

(b) There shall be no civil liability for any member of a peer review committee, ethics committee, or quality assurance committee, or for any person who files a complaint with or appears as a witness before those committees, for any acts done in the furtherance of the purpose for which the peer review committee, ethics committee, or quality assurance committee was established; provided that:

(1) The member, witness, or complainant acted without malice; and

(2) In the case of a member, the member was authorized to perform in the manner in which the member did.

(c) There shall be no civil liability for any person who participates with or assists a peer review committee or quality assurance committee, or for any person providing information to a peer review committee or quality assurance committee for any acts done in furtherance of the purpose for which the peer review committee or quality assurance committee was established, unless such information is false and the person providing it knew such information was false.

(d) This section shall not be construed to confer immunity from liability upon any professional society, hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network, nor shall it affect the immunity of any shareholder or officer of a professional corporation; provided that there shall be no civil liability for any professional society, hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network in communicating any conclusions reached by one of its peer review committees, ethics committees, or quality assurance committees relating to the conformance with professional standards of any person engaged in the profession or occupation of which the membership of the communicating professional society consists, to a peer review committee, an ethics committee, or quality assurance committee of another professional society, hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network whose membership is comprised of persons engaged in the same profession or occupation, or to a duly constituted governmental board or commission or authority having as one of its duties the licensing of persons engaged in that same profession or to a government agency charged with the responsibility for administering a program of medical assistance in which services are provided by private practitioners.

(e) The final peer review committee of a medical society, hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network, or other health care facility shall report in writing every adverse decision made by it to the department of commerce and consumer affairs; provided that final peer review committee means that body whose actions are final with respect to a particular case; and provided further that in any case where there are levels of review nationally or internationally, the final peer review committee for the purposes of this subsection shall be the final committee in this State. The quality assurance committee shall report in writing to the department of commerce and consumer affairs any information which identifies patient care by any person engaged in a profession or occupation which does not meet hospital, clinic, health maintenance organization, preferred provider organization, or preferred provider network standards and which results in disciplinary action unless such information is immediately transmitted to an established peer review committee. The report shall be filed within thirty business days following an adverse decision. The report shall contain information on the nature of the action, its date, the reasons for, and the circumstances surrounding the action; provided that specific patient identifiers shall be expunged. If a potential adverse decision was superseded by resignation or other voluntary action that was requested or bargained for in lieu of medical disciplinary action, the report shall so state. The department shall prescribe forms for the submission of reports required by this section. Failure to comply with this subsection shall be a violation punishable by a fine of not less than $100 for each member of the committee.

(f) In any civil action arising under this section where a party seeks money damages or injunctive relief, or both, against another party, and the case is subsequently decided, the court may, as it deems just, assess against either party, and enter as part of its order, for which execution may issue, a reasonable sum for attorneys' fees, in an amount to be determined by the court upon a specific finding that the party's claim or defense was frivolous.

(g) In determining the award of attorneys' fees and the amounts to be awarded under subsection (f), the court must find in writing that all claims or defenses made by the party are frivolous and are not reasonably supported by the facts and the law in the civil action. [L 1970, c 60, §1; am L 1975, c 170, §2; am L 1976, c 219, §18; am L 1982, c 227, §6; am L 1983, c 231, §1; am L 1984, c 168, §16; gen ch 1985; am L 1986, c 82, §1; am L 1988, c 325, §1; am L 1989, c 216, §1 and c 354, §4; am L 1992, c 47, §2; am L 1997, c 279, §2; am L 2018, c 136, §2]
Haw. Rev. Stat. § 663-16 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-16
Indemnity.
Status: in_force

This part does not impair any right of indemnity under existing law.
Haw. Rev. Stat. § 663E-1 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-1
Definitions.
Status: in_force

As used in this chapter:

"Illegal drug" means "dangerous drugs" or a "harmful drug" as defined in section 712-1240.

"Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user.

"Illegal drug market target community" is the area described under section 663E-5.

"Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this chapter.

"Level four offense" means the illegal possession of sixteen ounces or more or the illegal distribution of four ounces or more of an illegal drug.

"Level one offense" means the illegal possession of one-fourth ounce or more, but less than four ounces, or the illegal distribution of less than one ounce of an illegal drug.

"Level three offense" means the illegal possession of eight ounces or more, but less than sixteen ounces, or the illegal distribution of two ounces or more, but less than four ounces, of an illegal drug.

"Level two offense" means the illegal possession of four ounces or more, but less than eight ounces, or the illegal distribution of one ounce or more, but less than two ounces, of an illegal drug.

"Participate in the illegal drug market" means to illegally:

(1) Distribute an illegal drug;

(2) Possess with an intent to distribute;

(3) Commit an act intended to facilitate the marketing or distribution of an illegal drug;

(4) Commit any of the marketing or distribution of an illegal drug; or

(5) Conspire to commit any of the foregoing acts.

"Period of illegal drug use" means, in relation to the individual drug user, the entire time of the individual's illegal use of an illegal drug. In cases where the testimony of the individual drug user is unavailable, the period of illegal drug use is presumed to commence two years before the earliest known use by the individual drug user, unless the defendant proves otherwise by clear and convincing evidence.

"Place of illegal drug activity" means, in relation to the individual drug user, the place in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use.

"Place of participation" means, in relation to a defendant in an action brought under this chapter, the place at which the person participates in the illegal drug market or at which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 658A-5 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-5
Application for judicial relief.
Status: in_force

(a) Except as otherwise provided in section 658A-28, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.

(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this chapter shall be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion shall be given in the manner provided by law or rule of court for serving motions in pending cases. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 662D-5 — HI Code / Division 4 / Title 36 / Chapter 662D / Section 662D-5
Limited liability for maintaining or repairing cemetery grounds.
Status: in_force

(a) An individual volunteer who maintains or repairs cemetery grounds located in the State without compensation, including cemeteries operated for profit pursuant to chapter 441, shall not be liable to any person for injury or damage sustained as a result of the actions of the volunteer to maintain or repair the cemetery grounds, except for injury or damages resulting from gross negligence or intentional misconduct.

(b) A nonprofit organization, nonprofit corporation, or other entity that provides volunteers to maintain or repair cemetery grounds located in the State, including cemeteries operated for profit pursuant to chapter 441, shall not be liable to any person for injury or damages sustained as a result of the actions of a volunteer provided by the organization, corporation, or entity to maintain or repair the cemetery grounds, except for injury or damages resulting from gross negligence or intentional misconduct.

(c) This section does not relieve any cemetery property owner or cemetery authority from compliance with chapter 441, or from the duty to maintain their premises in a reasonably safe condition.

(d) A volunteer providing services under this section for a nonprofit organization, nonprofit corporation, or other entity may only receive reimbursement for actual expenses incurred that have been authorized for payment by the nonprofit organization, nonprofit corporation, or other entity.

(e) Nothing in this section shall be construed to authorize or permit the use of perpetual care funds for the purposes of reimbursing costs incurred pursuant to this section.

(f) Notwithstanding any other law to the contrary, actions of a volunteer in conformance with this section shall not require licensure under chapter 441; provided that maintenance and repair activities covered under this section shall be limited to general maintenance, care, and preservation of cemeteries, including keeping sod or grass in repair and caring for trees and shrubs, but shall not include activities related to burials.

(g) For purposes of this section, a volunteer may provide maintenance and repair services as an individual and not as a member or affiliate of a cemetery authority, nonprofit corporation, nonprofit organization, or other entity, if the volunteer:

(1) First obtains written approval from the cemetery owner or cemetery authority, if one can be identified; and

(2) Does not receive compensation or reimbursement for any expenses other than actual expenses incurred for maintenance and repair of the cemetery grounds. [L 2018, c 193, §2]
Haw. Rev. Stat. § 672B-6 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-6
Certificate of consultation.
Status: in_force

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

(1) That the claimant or the claimant's attorney has consulted with a design professional who is licensed to practice in this State or any other state, who is knowledgeable and experienced in Hawaii building codes and construction practices and the professional standard of care in Hawaii, and who is knowledgeable and experienced in the same specialty as the design professional against whom the primary claim is made, and that the claimant or claimant's attorney has concluded on the basis of the consultation that there is a reasonable and meritorious cause for filing the claim. If the claimant or the claimant's attorney is not able to consult with a design professional in the same specialty as the design professional against whom the primary claim is made, the claimant or claimant's attorney may consult with a design professional who is licensed in this State or in any other state, who is knowledgeable and experienced in Hawaii building codes and construction practices and the professional standard of care in Hawaii, and who is knowledgeable and experienced in a specialty that is as closely related as practicable to the specialty of the design professional against whom the primary claim is made. The design professional consulted by the claimant or the claimant's attorney may not be a party to the case, nor be compelled to testify or otherwise participate in the hearing before the design claim conciliation panel;

(2) That the claimant or the claimant's attorney was unable to obtain the consultation required by paragraph (1) 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 claimant or the claimant's attorney within ninety days after filing the claim; or

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

(b) For the purposes of this section, the claimant or the claimant's attorney shall not be required to disclose the names of any design professional consulted to fulfill the requirements of subsection (a) to any of the other parties to the claim. The design claim conciliation panel may require the claimant or the claimant's attorney to disclose the name of any design professional consulted to fulfill the requirements of subsection (a). No disclosure of the name of any design professional consulted to fulfill the requirements of subsection (a) shall be made to any of the other parties to the claim; provided that the design claim conciliation panel may contact the design professional to determine if the requirements of subsection (a) were met.

(c) Unless a certificate is filed pursuant to subsection (a), the claim shall not be received for filing by the design claim conciliation panel. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 663E-6 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-6
Joinder of parties.
Status: in_force

(a) Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common, and if each plaintiff's illegal drug user's period of illegal drug use overlaps in time with each other.

(b) Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.

(c) A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 658B-4 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-4
Determining the money of the claim.
Status: in_force

(a) Except as provided by subsection (b), the proper money of the claim is, as in each case may be appropriate, the money:

(1) Regularly used between the parties as a matter of usage or course of dealing; or

(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or

(3) In which the loss was ultimately felt or will be incurred by a party.

(b) The money in which the parties have contracted that a payment be made is the proper money of the claim for that payment. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 656-3 — HI Code / Division 4 / Title 36 / Chapter 656 / Section 656-3
Representation of another's credit, etc.
Status: in_force

§656-3 Representation of another's credit, etc., when actionable. No action shall be brought and maintained to charge any person upon, or by reason of, any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, unless the representation or assurance is made in writing and signed by the party to be charged thereby, or by a person lawfully authorized by the party to sign. [CC 1859, §1055; RL 1925, §2667; RL 1935, §3902; RL 1945, §8723; RL 1955, §190-3; HRS §656-3; gen ch 1985; am L 2017, c 12, §69]
Haw. Rev. Stat. § 671-6 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-6
Administration of chapter.
Status: in_force

The director of commerce and consumer affairs 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. § 657D-37 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-37
Guarantee of premiums and interest by State; settlement of amounts due upon expiration of protection; subrogation of state crediting debt repayments.
Status: in_force

Payment of premiums and interest thereon at the rate specified in section 657D-36 becoming due on a policy while protected under this part is guaranteed by the State, and if the amount so guaranteed is not paid to the insurer prior to the expiration of the period of insurance protection under this part, the amount then due shall be treated by the insurer as a policy loan. If at the expiration of that period the cash surrender value is less than the amount then due, the policy shall then cease and the State shall pay the insurer the difference between the amount and the cash surrender value. The amount paid by the State to an insurer on account of applications approved under this part shall become a debt due to the State by the insured on whose account payment was made and, notwithstanding any other law, the amount may be collected either by deduction from any amount due the insured by the State or as otherwise authorized by law. Any moneys received as repayment of debt incurred under this part shall be credited to the appropriation for the payment of claims under this part.
Haw. Rev. Stat. § 660-22 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-22
Disobeying writ or order to show cause, penalties.
Status: in_force

Any person who neglects or refuses promptly to perform any duty imposed upon such person by virtue of any writ of habeas corpus or order to show cause, conformably to this chapter, shall be responsible in a civil action to any person aggrieved for damages occasioned thereby, and may be fined not more than $5,000, or imprisoned at hard labor not more than ten years, or both.
Haw. Rev. Stat. § 660-23 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-23
Evading service, penalties.
Status: in_force

The liabilities and penalties of section 660-22 shall also be imposed upon any person who, having in that person's custody or under that person's power any person entitled to a writ of habeas corpus, with intent to elude the service of the writ or to avoid the effect thereof, transfers the person to the custody or places the person under the control or power of any other person, or conceals the person or changes the person's place of confinement.
Haw. Rev. Stat. § 652-11 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-11
Section 652-9 to appear on summons.
Status: in_force

Section 652-9 shall be printed or written conspicuously on every summons issuing out of any court of the State which is intended to be served on any alleged attorney, factor, trustee, or debtor of a defendant in any action.
Haw. Rev. Stat. § 651-69 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-69
Application form contents.
Status: in_force

The application shall be made upon a verified petition of the judgment creditor filed with the court showing:

(1) The fact that an execution has been levied upon the real or personal property within sixty days prior to the filing of the petition;

(2) A description of the real or personal property and the name of the claimant of an exemption under subpart B or C;

(3) That the value of the real or personal property, over and above all liens and encumbrances thereon recorded prior to the lien under which sale is to be made, exceeds the amount of the real or personal property exemption, if any; and

(4) That no previous execution arising out of the same judgment has been levied upon the real or personal property. [L 1976, c 136, pt of §3; am L 1978, c 46, §5]

Revision Note

Pursuant to §23G-15, in:

(1) Paragraphs (1) and (2), punctuation changed; and

(2) Paragraph (3), punctuation changed and "and" added after ending punctuation.
Haw. Rev. Stat. § 663-1.9 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.9
Exception to liability for health care provider, authorized person withdrawing blood or urine at the direction of a police officer.
Status: in_force

(a) Any health care provider who, in good faith in compliance with section 291E-21, provides notice concerning the alcohol concentration of a person's blood or drug content of a person's blood or urine shall be immune from any civil liability in any action based upon the compliance. The health care provider also shall be immune from any civil liability for participating in any subsequent judicial proceeding relating to the person's compliance.

(b) Any authorized person who properly withdraws blood or collects urine from another person at the written request of a police officer for testing of the blood's alcohol concentration or drug content or the drug content of the urine, and any hospital, laboratory, or clinic, employing or utilizing the services of such person, and owning or leasing the premises on which the tests are performed, shall not be liable for civil damages resulting from the authorized person's acts or omissions in withdrawing the blood or collecting urine, except for such damages as may result from the authorized person's gross negligence or wanton acts or omissions.

(c) For the purpose of this section:

"Authorized person" means a person authorized under section 291E-12 to withdraw blood at the direction of a police officer.

"Health care provider" has the same meaning as in section 291E-21. [L 1986, c 196, §1; am L 1997, c 101, §2; am L 2000, c 189, §26]
Haw. Rev. Stat. § 667-82 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-82
Noncompliance with requirements; statement.
Status: in_force

(a) The neutral's closing report shall indicate if the mortgagee or the owner-occupant failed to comply with requirements of the mortgage foreclosure dispute resolution program.

(1) In the case of the mortgagee, failure to comply with the requirements of the program may consist of:

(A) Participation in dispute resolution without the authority to negotiate a loan modification or without access at all stages of the dispute resolution process to a person who is so authorized;

(B) Failure to provide the required information or documents;

(C) Refusal to cooperate or participate in dispute resolution; or

(D) Refusal or failure to pay program fees under section 667-79 in a timely manner.

(2) In the case of the owner-occupant, failure to comply with the requirements of the program may consist of:

(A) Failure to provide the required information or documents; or

(B) Refusal to cooperate or participate in dispute resolution;

provided that failure by the mortgagee and the owner-occupant to reach an agreement to resolve the dispute shall not constitute failure by the mortgagee or the owner-occupant to comply with the requirements of the mortgage foreclosure dispute resolution program.

(b) If the neutral determines that the noncompliance was unjustified as a result of circumstances within a party's control, sanctions may be imposed on the noncompliant party as follows:

(1) Sanctions against a mortgagee for unjustified noncompliance with the program shall include a stay of the foreclosure under section 667-83 and a fine payable to the owner-occupant not to exceed $1,500; or

(2) Sanctions against an owner-occupant for unjustified noncompliance with the program shall include a removal of the stay of the foreclosure pursuant to section 667-83(b) and a fine payable to the mortgagee not to exceed $1,500. [L 2011, c 48 , pt of §1 , §45(2) ; am L 2012, c 182, §§4 6 , 49 ]
Haw. Rev. Stat. § 663-1.6 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.6
Duty to assist.
Status: in_force

(a) Any person at the scene of a crime who knows that a victim of the crime is suffering from serious physical harm shall obtain or attempt to obtain aid from law enforcement or medical personnel if the person can do so without danger or peril to any person. Any person who violates this subsection is guilty of a petty misdemeanor.

(b) Any person who provides reasonable assistance in compliance with subsection (a) shall not be liable in civil damages unless the person's acts constitute gross negligence or wanton acts or omissions, or unless the person receives or expects to receive remuneration. Nothing contained in this subsection shall alter existing law with respect to tort liability of a physician licensed to practice under the laws of this State committed in the ordinary course of the physician's practice.

(c) Any person who fails to provide reasonable assistance in compliance with subsection (a) shall not be liable for any civil damages. [L 1984, c 140, §1]
Haw. Rev. Stat. § 661-22 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-22
Civil actions for false claims.
Status: in_force

The attorney general shall investigate any violation under section 661-21. If the attorney general finds that a person has violated or is violating section 661-21, the attorney general may bring a civil action under this section.
Haw. Rev. Stat. § 660-3 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-3
Issuable by whom.
Status: in_force

The supreme court, the justices thereof, and the circuit courts may issue writs of habeas corpus in cases in which persons are unlawfully restrained of their liberty; provided that persons committed or detained by order of the family court or under chapter 334 may, and if the jurisdiction of the family court is exclusive, shall, prosecute their applications in the family court.
Haw. Rev. Stat. § 667-98 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-98
Authorized bidder; successful bidder.
Status: in_force

Any person, including the association, shall be authorized to bid for the unit at the public sale and to purchase the unit. The highest bidder who meets the requirements of the terms and conditions of the public sale shall be the successful bidder. The public sale shall be considered as being held when the unit is declared by the association as being sold to the successful bidder. When the public sale is held, the successful bidder at the public sale, as the purchaser, shall make a nonrefundable downpayment to the association of not less than ten per cent of the highest successful bid price. If the successful bidder is the association, the downpayment requirement may be satisfied by offset and a credit bid up to the amount of the lien debt.
Haw. Rev. Stat. § 672E-8 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-8
Statute of limitations on actions exception.
Status: in_force

If an applicable statute of limitation or repose would preclude an action after the notice of claim has been served but before the dispute is resolved under this chapter, the claimant may file an action against the contractor but the action shall be immediately stayed pending the contractor's opportunity to repair under section 672E-4, or submission of the dispute to mediation under section 672E-7; provided that no action shall be filed pursuant to this section more than six months before the end of the applicable limitation or repose period. This section shall not be construed to revive a statutory period of limitations on actions that have expired prior to the date on which a claimant's written notice of claim is served. After the sending of the initial notice of claim, a claimant and a contractor, by written mutual agreement, may alter the procedure for the notice of claim under this section.
Haw. Rev. Stat. § 654-1 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-1
Information required.
Status: in_force

(a) An action may be brought to secure the immediate possession of personal property in any court of competent jurisdiction by filing a verified complaint showing:

(1) That the plaintiff is entitled to the immediate possession of the property claimed;

(2) A particular description of the property claimed; if the property claimed is a portion of divisible property of uniform kind, quality, or value, that such is the case, and the amount thereof which the plaintiff claims;

(3) The actual value of the property claimed;

(4) That the property has not been taken for a tax, assessment, or fine pursuant to a statute, or seized under an execution or an attachment against the plaintiff or the plaintiff's property, or if so seized that it is by statute exempt from such seizure;

(5) That the property is in the possession of a named defendant, and the facts and circumstances relating to the possession thereof by the defendant, according to the plaintiff's best knowledge and belief; and

(6) The names of all persons other than the defendant in possession of the property, having or claiming or who might have or claim to have an interest in the property according to the best belief of plaintiff, all of whom shall be joined as defendants in the action.

(b) If the action already has been commenced, an affidavit may be filed at any time before the case is at issue, containing the information required by subsection (a). [L Sp 1949, c 7, pt of §1; RL 1955, §244-20; HRS §654-21; am L 1972, c 90, §1(a); ren HRS §654-1; gen ch 1985]

Revision Note

In subsection (a)(5), "and" added after ending punctuation pursuant to §23G-15.
Haw. Rev. Stat. § 661-10 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-10
Actions by State.
Status: in_force

Whenever it is necessary or desirable for the State in order to collect or recover any money or penalty, or to recover or obtain the possession of any specific property, real or personal, or to enforce any other right (except in respect to criminal prosecutions) to institute judicial proceedings, except as otherwise expressly provided by law, the attorney general may bring and maintain an action or actions for any such purpose in any appropriate court or courts. All such actions shall be entitled in the name of the State by the attorney general, against the party or parties or thing sued, as defendants.
Haw. Rev. Stat. § 666-11 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-11
Judgment; writ of possession.
Status: in_force

If it is proved to the satisfaction of the court that the plaintiff is entitled to the possession of the premises, the plaintiff shall have judgment for possession, and for the plaintiff's costs. Execution shall issue accordingly. The writ of possession shall issue to the sheriff, deputy sheriff, police officer, or 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 remove all persons from the premises, and to put the plaintiff, or the plaintiff's agent, into the full possession thereof. [CC 1859, §943; RL 1925, §2784; RL 1935, §4021; RL 1945, §10410; RL 1955, §240-11; am L 1963, c 85, §3; HRS §666-11; am L 1972, c 90, §8(f); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §10; am L 2013, c 116, §§18, 25(17); am L 2015, c 101, §4; am L 2021, c 41, §18; am L 2022, c 278, §17]
Haw. Rev. Stat. § 660-17 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-17
Return to be prompt.
Status: in_force

Any person to whom a writ of habeas corpus is directed, upon payment or tender of reasonable charges or expenses for its execution if ordered by the court, and any person to whom an order to show cause is directed, shall make return thereto with as much promptness as the nature of the case will permit.
Haw. Rev. Stat. § 658A-27 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-27
Venue.
Status: in_force

A motion pursuant to section 658A-5 shall be made in the court of the circuit in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the circuit in which it was held. Otherwise, the motion may be made in the court of any circuit in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this State, in the court of any circuit in this State. All subsequent motions shall be made in the court hearing the initial motion unless the court otherwise directs.
Haw. Rev. Stat. § 661-7 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-7
Claim forfeited by fraud.
Status: in_force

(a) Any person who intentionally submits a false claim or attempts to commit any fraud against the State in the proof, statement, establishment, or allowance of any claim or of any part of any claim against the State shall forfeit the same to the State; and when an action is brought to recover on such a claim, the court shall find specifically that fraud was committed or attempted to be committed, and thereupon give judgment that such claim is forfeited to the State, and that the claimant is forever barred from prosecuting the same.

(b) Any person who intentionally submits a false claim or attempts to commit a fraud against the State in the proof, statement, establishment, or allowance of any claim under $5,000 or any part of any claim under $5,000 against the State shall, in addition to any other penalty provided by law, be liable for civil penalties of:

(1) Payment of interest on the amount of excess benefits or payments at the maximum legal rate in effect on the date the payment was made to the person, for the period from the date upon which payment was made to the date upon which repayment is made to the State;

(2) Payment of an amount not to exceed double the amount of such excess benefits or payments; and

(3) Payment in the sum of $1,000 for each fraudulent claim or part of a fraudulent claim made against the State.

(c) All interest and penalties provided for in this section may be sought and recovered in an administrative proceeding held pursuant to chapter 91 and conducted by the department to which the claim was submitted. [L 1894-5, c 26, §7; RL 1925, §2675; RL 1935, §4426; RL 1945, §10481; RL 1955, §245-7; HRS §661-7; am L 1979, c 115, §1]

Revision Note

Pursuant to §23G-15:

(1) In subsection (a), commas deleted before and after the phrase "or of any part of any claim against the State";

(2) In subsection (b)(1), "said person" changed to "the person";

(3) Subsection "(c)" designation added; and

(4) In subsection (c), "and" added after "chapter 91".
Haw. Rev. Stat. § 671D-4 — HI Code / Division 4 / Title 36 / Chapter 671D / Section 671D-4
Definitions.
Status: in_force

For purposes of this chapter the following words have the following meanings:

"Adversely affecting" includes reducing, restricting, suspending, revoking, denying, or failing to renew clinical privileges or membership in a health care entity.

"Clinical privileges" includes privileges, membership on the medical staff or panel, and the other circumstances pertaining to the furnishing of medical care under which a physician or other licensed health care practitioner is permitted to furnish such care by a health care entity.

"Director" means the director of the department of commerce and consumer affairs.

"Health care entity" means:

(1) A hospital that is licensed by the State to provide health care services;

(2) An entity, including a licensed health maintenance organization, preferred provider organization, or preferred provider network, or group medical practice, that is involved in providing health care services and that follows a formal peer review process for the purpose of furthering quality health care as may be determined under rules or guidelines which may be adopted under section 671D-13;

(3) A professional society or committee thereof of physicians or other licensed health care practitioners that follows a formal peer review process for the purpose of furthering quality health care as may be determined under rules or guidelines which may be adopted under section 671D-13;

provided that "health care entity" shall not include a professional society or committee thereof if, within the previous five years, the society has been found by the Federal Trade Commission or any court to have engaged in any anticompetitive practice which had the effect of restricting the practice of licensed health care practitioners.

"Hospital" means an entity described in paragraphs (1) and (7) of section 1861(e) of the Social Security Act.

"Licensed health care practitioner" and "practitioner" mean an individual, other than a physician, who is licensed or otherwise authorized by the State to provide health care services.

"Physician" means an individual licensed under chapter 453 or section 463E-1, to practice medicine or surgery or osteopathy or podiatric medicine; an individual licensed under chapter 448 to practice dentistry or dental surgery; or any individual who, without authority, holds oneself out to be so authorized.

"Professional review action" means an action or recommendation of a professional review body which is taken or made in the conduct of professional review activity, which is based on the competence or professional conduct of an individual physician which conduct affects or could affect adversely the health or welfare of a patient or patients, and adversely affects the clinical privileges, or membership in a professional society or provider panel, of the physician. This term includes a formal decision of a professional review body not to take an action or make a recommendation described in the previous sentence and also includes professional review activities relating to a professional review action. For purposes of this chapter an action shall not be considered to be based on the competence or professional conduct of a physician if the action is primarily based on any of the following:

(1) The physician's association, or lack of association, with a professional society or association;

(2) The physician's fees or the physician's advertising or engaging in other competitive acts intended to solicit or retain business;

(3) The physician's participation in prepaid group health plans, salaried employment, or any other manner of delivering health services whether on a fee-for-service or other basis;

(4) A physician's association with, supervision of, delegation of authority to, support for, training of, or participation in a private group practice with, a member or members of a particular class of health care practitioner or professional; or

(5) Any other matter that does not relate to the competence or professional conduct of a physician.

"Professional review activity" means an activity of a health care entity with respect to an individual physician to do any of the following:

(1) To determine whether the physician may have clinical privileges with respect to, or membership in, the entity;

(2) To determine the scope or conditions of such privileges or membership; or

(3) To change or modify such privileges or membership.

"Professional review body" means a health care entity and the governing body or any committee of a health care entity which conducts professional review activity, and includes any committee of the medical staff of such an entity when assisting the governing body in a professional review activity. [L 1989, c 354, pt of §3 and c 363, pt of §3; am L 1997, c 279, §3; am L 2009, c 11, §71]
Haw. Rev. Stat. § 657-33 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-33
Action accrues when.
Status: in_force

In the construction of this part, the right to make an entry or commence an action shall be deemed to have first accrued at the following times:

(1) When any person is disseised, that person's right of entry or action shall be deemed to have accrued at the time of the disseisin;

(2) When any person claims as heir or devisee of one who died seised, that person's right shall be deemed to have accrued at the time of the death, unless there is an estate by the curtesy or in dower, or some other estate intervening after the death of the ancestor or devisor, in which case that person's right shall be deemed to have accrued when the intermediate estate shall expire, or when it would have expired by its own limitation;

(3) Where there is an intermediate estate, and in all other cases, where a party claims in remainder, or reversion, that party's right so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which that party might have entered at an earlier time;

(4) Paragraph (3) shall not prevent any person from entering, when entitled to do so, by reason of any forfeiture or breach of condition, but if a person claims under such a title, that person's right shall be deemed to have accrued when the forfeiture was incurred or condition broken; and

(5) In the cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom the claimant claims, first became entitled to the possession of the premises under the title upon which the entry or action is founded. [L 1870, c 22, §3; RL 1925, §2659; RL 1935, §3930; RL 1945, §10441; RL 1955, §241-32; HRS §657-33; am L 2016, c 55, §35]
Haw. Rev. Stat. § 657D-4 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-4
Notice of benefits to persons in and persons entering military service.
Status: in_force

The adjutant general shall ensure the giving of notice of the benefits accorded by this chapter to persons entering the state military forces.
Haw. Rev. Stat. § 667-3 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-3
Proceeds, how applied.
Status: in_force

Mortgage and other creditors shall be entitled to payment according to the priority of their liens, and not pro rata; and judgments of foreclosure that are conducted in compliance with this part shall operate to extinguish the liens of subsequent mortgages and liens of the same property, without forcing prior mortgagees or lienors to their right of recovery. The surplus after payment of the mortgage foreclosed, shall be applied pro tanto to the next junior mortgage or lien, and so on to the payment, wholly or in part, of mortgages and liens junior to the one assessed. [CC 1859, §1233; RL 1925, §2889; RL 1935, §4722; RL 1945, §12422; RL 1955, §336-3; HRS §667-3; am L 1972, c 90, §9(c); am L 2011, c 48, § 16; am L 2012, c 182, §12]
Haw. Rev. Stat. § 651C-9 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-9
Extinguishment of cause of action.
Status: in_force

A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:

(1) Under section 651C-4(a)(1), within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;

(2) Under section 651C-4(a)(2) or section 651C-5(a), within four years after the transfer was made or the obligation was incurred; or

(3) Under section 651C-5(b), within one year after the transfer was made or the obligation was incurred. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 665-3 — HI Code / Division 4 / Title 36 / Chapter 665 / Section 665-3
Defenses.
Status: in_force

In such actions no person shall be allowed to defend against the State on the ground of being in possession of the property, unless the person proves that the person is in possession under color of title, or has been in adverse possession thereof for a period not less than twenty years and that the taxes upon the property have been paid by the person during the last twelve years of the period.
Haw. Rev. Stat. § 662-7 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-7
Attorney general.
Status: in_force

The State shall be represented by the attorney general of the State in all actions under this chapter.
Haw. Rev. Stat. § 663-10.6 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-10.6
Exemption for providing shelter and subsistence to the needy.
Status: in_force

(a) Any charitable or nonprofit organization that in good faith provides shelter or proper means of subsistence to needy persons as part of its bona fide and customary charitable activities, rendered without remuneration or expectation of remuneration, shall be exempt from civil liability for injuries and damages resulting from the organization's acts or omissions in providing the shelter or subsistence, except for gross negligence or wanton acts or omissions of the organization.

(b) Any donor who donates goods, materials, or services to a charitable or nonprofit organization described in subsection (a) shall be exempt from civil liability for injuries and damages resulting from the donation, except for gross negligence or wanton acts or omissions.

(c) As used in this section, "needy person" means any person who lacks adequate or proper means of subsistence. [L 1994, c 250, §2; am L 2021, c 159, §3]
Haw. Rev. Stat. § 657D-6 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-6
Effect on rights, remedies, etc.
Status: in_force

[§657D-6] Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service. Nothing in this chapter shall prevent:

(1) The modification, termination, or cancellation of any contract, lease, or bailment or any obligation secured by mortgage, trust deed, lien, or other security in the nature of a mortgage; or

(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that is security for any obligation or which has been purchased or received under a contract, lease, or bailment;

pursuant to a written agreement of the parties thereto (including the person in military service, whether or not the person is a party to the obligation), or their assignees, executed during or after the period of military service of that person. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 664-33 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-33
Procedure; notice.
Status: in_force

The circuit courts shall hear and determine all controversies respecting rights of private way and water rights, between private individuals, or between private individuals and the State. Any person interested, or the State, may apply for the settlement of any rights involved hereunder by filing a complaint in the circuit court of the circuit in which the property affected is situated. Thereupon the court shall issue a summons to each land owner or occupant having an interest in the controversy. A notice of the pending action may be published in any case in the discretion of the court.
Haw. Rev. Stat. § 652-5 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-5
Successive sequestration of wages, upon change of employment.
Status: in_force

Whenever any judgment debtor has left the employ of any garnishee, against whom an order has been duly issued, before the full amount of the judgment has been paid, and has entered the employment of some other person, or of the State, or any political subdivision thereof, then the judgment creditor may sequester any wages due the judgment debtor from the new employer by filing with such person, or the respective government comptroller or other officer a certified copy of the judgment and an affidavit of the judgment creditor, showing the amount remaining due and unpaid on account of the judgment.

Thereafter, the new garnishee shall proceed to pay the same percentages of wages as required in an original garnishment, on the balance of the judgment, from week to week or month to month, until the balance due, with legal interest, is fully paid; or until such employment of the judgment debtor ceases. [L 1915, c 64, §1; am L 1919, c 161, §1; am imp L 1921, c 66, §1 and am c 202, §1; RL 1925, §2830; am L 1927, c 96, §5; am L 1933, c 172, §1; RL 1935, §4274; RL 1945, §10305; RL 1955, §237-5; am L Sp 1959 2d, c 1, §12; HRS §652-5]
Haw. Rev. Stat. § 658B-11 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-11
Temporarily determining the United States dollar value of foreign-money claims for limited purposes.
Status: in_force

(a) For the limited purpose of facilitating the enforcement of provisional remedies in an action, (1) the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, (2) the amount of United States dollars at issue for assessing costs, or (3) the amount of United States dollars involved for a surety bond or other court-required undertaking shall be ascertained as provided in subsections (b) and (c).

(b) The party seeking the process, costs, bond, or other undertaking must compute the dollar amount of the foreign money claimed from a bank-offered spot rate of exchange prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.

(c) The party seeking the process, costs, bond, or other undertaking shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used, how obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment was in the amount of United States dollars stated in the affidavit or certificate.

(d) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for payment purposes. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 667-29.5 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-29.5
Eligible bidder; subsequent bid.
Status: in_force

(a) Notwithstanding any other law to the contrary, the public sale of a mortgaged property under a power of sale foreclosure process pursuant to this part shall not be deemed final until the earliest of the following:

(1) Fifteen days after the public sale, unless at least one or more eligible bidders submits a:

(A) Subsequent bid that is equal to or exceeds the amount of the latest and highest bid of the successful bidder under section 667-29; or

(B) Nonbinding written notice of intent to place a subsequent bid.

The bid or written notice of intent to place a subsequent bid shall be sent to the mortgagee by certified mail, overnight delivery, or another method that allows for confirmation of the delivery date and shall be received by the mortgagee no later than fifteen days after the public sale; or

(2) Forty-five days after the public sale; provided that during the forty-five-day period, an eligible bidder may submit a subsequent bid in an amount that is equal to or exceeds the latest and highest bid of the successful bidder under section 667-29.

(b) If an eligible bidder submits a subsequent bid that is equal to or exceeds the amount of the latest and highest bid of the successful bidder under section 667-29, the eligible bidder shall be the final successful bidder and make the nonrefundable downpayment required under section 667-29.

(c) For the purposes of this section:

"Eligible bidder" means:

(1) An eligible tenant buyer;

(2) A prospective owner-occupant;

(3) A nonprofit corporation whose primary activity is the development and preservation of affordable housing;

(4) A community land trust; or

(5) A state or county government department or agency.

"Eligible tenant buyer" means a natural person who, at the time of a public sale, is:

(1) Occupying the mortgaged property as the person's primary residence;

(2) Occupying the mortgaged property under a rental or lease agreement; and

(3) Not the mortgagor or the child, spouse, or parent of the mortgagor.

"Prospective owner-occupant" means a natural person who presents to the mortgagee an affidavit stating that the person:

(1) Will occupy the mortgaged property as the person's primary residence within sixty days of the deed being recorded;

(2) Will maintain the person's occupancy in the mortgaged property for at least one year;

(3) Is not the mortgagor or the child, spouse, or parent of the mortgagor; and

(4) Is not acting as the agent of any other person or entity in purchasing the mortgaged property. [L 2025, c 105, pt of §2]
Haw. Rev. Stat. § 663-14 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-14
§§663-14 and 663-15 REPEALED.
Status: repealed

§§663-14 and 663-15 REPEALED. L 2001, c 300, §§3, 4.
Haw. Rev. Stat. § 657-16 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-16
§§657-16 and 657-17 REPEALED.
Status: repealed

§§657-16 and 657-17 REPEALED. L 1976, c 200, pt of §1.
Haw. Rev. Stat. § 651-70 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-70
Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers.
Status: in_force

[(a)] Within ninety days from the date of filing the petition, a copy thereof, with the notice of the time and place of hearing, shall be served personally by any person over the age of majority and by certified mail, return receipt requested, upon the claimant or the claimant's attorneys at least ten days before the hearing, then upon affidavit or refusal of such services or inability to locate upon diligent search and inquiry, by publication once in a newspaper of general circulation in the State at least twenty days before the hearing. If the notice is not served, the lien of the execution shall cease at the expiration of the ninety-day period, and no execution based upon the same judgment shall thereafter be levied upon the real or personal property.

[(b)] At the hearing the court may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint one to three disinterested residents of the county in which the property is situated to appraise the value of the real or personal property. [L 1976, c 136, pt of §3; gen ch 1985]
Haw. Rev. Stat. § 672B-12 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-12
Arbitration; subsequent litigation.
Status: in_force

Any person or the person's representative claiming that a tort has been committed by a design professional or any design professional against whom a claim has been made may elect to bypass the court annexed arbitration program under section 601-20 after the claim has been submitted to the design claim conciliation panel and the panel has rendered a decision or has not reached a decision within the tolling period of the statute of limitations under section 672B-15.
Haw. Rev. Stat. § 667-95 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-95
Date of public sale of unit; place of sale.
Status: in_force

(a) The public sale of the unit shall take place on the later of the following:

(1) At least sixty days after the public notice of the public sale is distributed under section 667-96; or

(2) At least fourteen days after the date of the publication of the third public notice advertisement under section 667-96 (d) .

(b) The public sale of the unit shall be held only in the county where the unit is located; provided that the public sale shall be held only on grounds or at facilities under the administration of the State, as follows:

(1) At the state capitol, for a public sale of a unit located in the city and county of Honolulu;

(2) At a state facility in Hilo, for a public sale of a unit located in the districts of Hamakua, north Hilo, south Hilo, or Puna;

(3) At a state facility in Kailua-Kona, for a public sale of a unit located in the districts of north Kohala, south Kohala, north Kona, south Kona, or Kau;

(4) At a state facility in the county seat of Maui, for a public sale of a unit located in the county of Maui; and

(5) At a state facility in the county seat of Kauai, for a public sale of a unit located in the county of Kauai;

as designated by the department of accounting and general services; provided further that no public sale shall be held on grounds or at facilities under the administration of the judiciary. The public sale shall be held during business hours on a business day.

(c) The public sale of the unit shall be conducted by the association on the date, at the time, and at the place described in the public notice of the public sale. [L 2012, c 182, pt of §3(2)]
Haw. Rev. Stat. § 658G-13 — HI Code / Division 4 / Title 36 / Chapter 658G / Section 658G-13
Standards of professional responsibility and mandatory reporting not affected.
Status: in_force

This chapter does not affect:

(1) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or

(2) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this State. [L 2012, c 207, pt of §1]
Haw. Rev. Stat. § 658F-7 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-7
Effect of recognition of foreign-country judgment.
Status: in_force

If the court in a proceeding under section 658F-6 finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:

(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and

(2) Enforceable in the same manner and to the same extent as a judgment rendered in this State. [L 2009, c 34, pt of §1]
Haw. Rev. Stat. § 666-12 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-12
How writ executed.
Status: in_force

The officer to whom the writ for delivering possession is directed and delivered shall execute the same according to the tenor thereof. [CC 1859, §944; RL 1925, §2785; RL 1935, §4022; RL 1945, §10411; RL 1955, §240-12; HRS §666-12]
Haw. Rev. Stat. § 651-21 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-21
Deficiency.
Status: in_force

If, after selling all the property attached by the levying officer remaining in the levying officer's hands, and applying the proceeds, deducting the levying officer's fees, to the payment of the judgment, any balance remains due, the levying officer shall proceed to collect the balance as upon an execution in other cases. Whenever the judgment has been paid, the levying officer, upon reasonable demand, shall deliver over to the defendant, the attached property remaining in the levying officer's hands, and any proceeds of the property attached unapplied on the judgment.
Haw. Rev. Stat. § 652-1 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-1
Garnishee process; "garnishee fund".
Status: in_force

(a) Before judgment. When any goods or effects of a debtor are in the possession of an attorney, agent, factor, or trustee (in this chapter jointly and severally included in the term "garnishee"), or when any debt is due from any person (also included under the term "garnishee") to a debtor, or when any person has in the person's possession for safekeeping any moneys of the debtor, any creditor may bring the creditor's action against the debtor and in the creditor's petition for process, or by amendments of the complaint at any time before judgment, after meeting the requirements of section 652-1.5, may request the court to insert in the process a direction that service of a true and attested copy thereof be made upon the garnishee[,] in any of the manners described under section 652-2.5[,] and to summon the garnishee to appear personally upon the day or term appointed in the process for hearing the action or at any other time appointed by the court and then and there on oath to answer all of the following inquiries, herein inclusively referred to as the "disclosure":

(1) Whether at the time the copy was served on the garnishee, the garnishee had any of the goods or effects of the defendant in the garnishee's hands and, if so, the nature, amount and value thereof;

(2) Whether at the time of service, the garnishee was indebted to the defendant and, if so, the nature and amount of the debt; or

(3) Whether at the time of service on the garnishee, the garnishee had any moneys of the defendant in the garnishee's possession for safekeeping and, if so, the amount thereof.

The summons and direction shall be signed and issued as is usual in other civil process after proceedings under section 652-1.5. The summons shall specify an amount or value of money, debt or goods or effects to be garnished which shall not exceed one hundred twenty per cent of the amount of the plaintiff's claim, including cost and interest. The summons shall be served upon the garnishee in any of the manners described under section 652-2.5. From the time of service, the garnishee shall secure in the garnishee's hands to pay such judgment as the plaintiff shall recover in the action, such of the following property or choses then in the garnishee's possession or owing to the defendant as shall equal the amount or value specified in the summons, except what the court has expressly found to be exempt from execution pursuant to section 652-1.5(d) or (f):

(1) The goods and effects of the defendant then in the hands of the garnishee;

(2) Any debt then owing from the garnishee to the defendant;

(3) Moneys of the defendant then in the possession of the garnishee for safekeeping; and

(4) A portion of the defendant's wages, salary, stipend, commissions, annuity, or net income under a trust (in this chapter included under the term "wages"), remaining after the deduction of any amounts required by law to be withheld by withholding the amount to be determined 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, whether then or thereafter to become owing.

The property or choses described in (1), (2), (3), and (4) of this paragraph are included under the term "garnishee fund" (in this chapter). The cumulative total value of the fund, in advance of final judgment, shall be no more than the amount specified in the summons.

Except as provided in section 652-1.5, the summons and direction shall be sufficient notice to the defendant to enable the plaintiff to bring the plaintiff's action to trial, unless the defendant is an inhabitant of the State or has some time resided therein, in which case a like copy shall be served personally upon the defendant or left at the defendant's last and usual place of abode.

The court shall order the garnishee fund released at the hearing provided in section 652-1.5 or thereafter upon the filing by the debtor with the court of a bond or bonds issued by a surety or sureties licensed to do business as such in the State, in an amount sufficient to pay the claim of the creditor together with costs and interest, and conditioned upon judgment rendered in favor of the creditor and to the extent the claim or any portion thereof, together with costs and interests, if any, is awarded.

(b) After judgment. Wages may be garnisheed after judgment at the rate specified in subsection (a). In any action brought by a creditor against a debtor, the creditor may, after judgment rendered in the creditor's favor, request the court to summon any garnishee to appear personally, upon a day appointed in the summons for hearing the cause as against the garnishee, and make full disclosure; or in any action brought in the district court by a creditor against a debtor, the creditor may, ten days after judgment rendered in the creditor's favor, file a certified copy of the judgment and the creditor's affidavit as to the amount due and unpaid on account of the judgment with the employer of the judgment debtor and the employer shall thereupon either file a disclosure within one week or shall withhold from the wages of the judgment debtor the amounts as provided herein and pay the same to the judgment creditor.

Alias summons shall also be issued and served upon the garnishee in any of the manners described under section 652-2.5. At the time of service, any and every element of any garnishee fund then in the hands of the garnishee shall be there secured to pay the judgment already recovered and may not otherwise be disposed of by the garnishee.

(c) Return by garnishee. Any garnishee summoned, whether before or after judgment, may file in the court issuing the summons, on or before the return day thereof, a return under oath containing a full disclosure. A copy of the return shall be served on the plaintiff or the plaintiff's attorney on or before the return day. The filing of the return shall be deemed prima facie a compliance with the summons; provided that either party to the action may, upon written notice served upon the garnishee, require the garnishee to appear and be examined under oath as to such disclosure or as to the garnishee's liability as garnishee.

(d) Garnishee fund excessive. At any time after service of summons, the court, upon the consent of the plaintiff or upon motion of the defendant or of the garnishee and notice to the plaintiff, shall determine whether the garnishee fund is excessive in amount in comparison with subsection (a) of this section or with the judgment rendered and may thereupon release the remainder thereof from being so secured.

(e) If any party named in the process as garnishee is a corporation, firm, or person having places of business in more than one judicial circuit or district in the State, the service of process upon the garnishee upon service in any one circuit or district shall operate to secure the garnishee fund in each place of business in the State.

(f) No employer shall be liable to anyone for deductions and payments to judgment creditors from wages of judgment debtor employees, as herein provided, when the employer in good faith believes, or has reason to believe, that service of the certified copy of the judgment and affidavit of the judgment creditor as provided in [subsection] (b) herein affects the same. [L 1876, c 35, §1; am L 1917, c 124, §1; am L 1919, c 157, §1; am L 1921, c 66, §1; RL 1925, §2826; am L 1925, c 262, §1; am L 1927, c 96, §1; am L 1931, c 68, §1; am L 1933, c 172, §1; RL 1935, §4270; am L 1939, c 212, §1; RL 1945, §10301; RL 1955, §237-1; am L 1959, c 65, §1; am L 1961, c 167, §§2, 3; am L 1965, c 89, §§1, 2; HRS §652-1; am L 1970, c 86, §2; am L 1975, c 155, §1(2); am L 1977, c 33, §2; am L 1978, c 247, §1; gen ch 1985; am L 1992, c 82, §2; am L 1997, c 56, §1]
Haw. Rev. Stat. § 668-8.5 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-8.5
Adverse claimants.
Status: in_force

Unless the action is combined with an action under chapter 669, a person who has not appeared and who claims to hold by title paramount to that under which the plaintiff claims as a cotenant shall not be concluded by the judgment, but may maintain an action asserting that person's title against any or all of the parties, or persons holding under them, within the time in which that person might have brought the action if the action for partition had not been filed.
Haw. Rev. Stat. § 662-4 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-4
Statute of limitations.
Status: in_force

A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues, except in the case of a medical tort claim when the limitation of action provisions set forth in section 657-7.3 shall apply.
Haw. Rev. Stat. § 672B-1 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-1
Definitions.
Status: in_force

As used in this chapter:

"Department" means the department of commerce and consumer affairs.

"Design professional" means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464.

"Director" means the director of commerce and consumer affairs. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 664-3 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-3
Certificate of boundaries, fee.
Status: in_force

The certificates of each commissioner of boundaries shall be made on stamped paper, furnished by the department of land and natural resources, and each commissioner of boundaries shall collect and account to the department for the benefit of the public treasury, $1 for each stamped certificate issued by the commissioner.
Haw. Rev. Stat. § 663-8.7 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-8.7
Limitation on pain and suffering.
Status: in_force

Damages recoverable for pain and suffering as defined in section 663-8.5 shall be limited to a maximum award of $375,000; provided that this limitation shall not apply to tort actions enumerated in section 663-10.9(2). [L Sp 1986, c 2, §20; am L 1989, c 300, §2; am L 1991, c 62, §1; am L 1993, c 238, §1; am L 1995, c 130, §1]
Haw. Rev. Stat. § 661-6 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-6
Complaint; assignments.
Status: in_force

The claimant shall, in all cases, in addition to setting forth the claimant's claim, show:

(1) What persons are owners of the claim or interested therein, with their citizenship;

(2) The names and citizenship of all persons who have been at any time owners of the claim or any part thereof or interest therein, all of whom shall be citizens of the United States or persons eligible under section 661-4; and

(3) That no assignment or transfer of the claim, or of any part thereof or interest therein, has been made, except as stated in the complaint.

Section 634-1 shall be applicable. [L 1894-5, c 26, §6; RL 1925, §2674; RL 1935, §4425; RL 1945, §10480; RL 1955, §245-6; HRS §661-6; am L 1972, c 164, §1(f); gen ch 1985]

Revision Note

Section "634-1" substituted for "634-31" and in paragraph (2), "and" added after ending punctuation pursuant to §23G-15.
Haw. Rev. Stat. § 662D-1 — HI Code / Division 4 / Title 36 / Chapter 662D / Section 662D-1
Definitions.
Status: in_force

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

"Governmental entity" means any agency, association, authority, board, commission, division, office, officer, public body, task force, or any other similar entity authorized or established by any county or the State.

"Nonprofit corporation" means any corporation that is exempt from taxation pursuant to section 501(a) of the Internal Revenue Code, 26 U.S.C. section 501(a).

"Nonprofit organization" means any organization that is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. section 501(c), as amended.

"Volunteer" means a person performing services without compensation, other than reimbursement for actual expenses incurred, for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity. The term includes a volunteer serving as a director, officer, trustee, member, or direct service volunteer. [L 1997, c 351, pt of §2]
Haw. Rev. Stat. § 663-10.98 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-10.98
Design professional liability; highways.
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 involving tort claims relating to the design, construction, and maintenance of highways, where a design professional is determined to be a joint tortfeasor along with one or more other joint tortfeasors, and the degree of negligence of the design professional is ten per cent or less, including the vicarious liability of the design professional for the negligent acts or omissions of the officers and employees of the design professional, the liability of the design professional for more than the design professional's pro rata share of negligence shall not exceed the available policy limits of the design professional's professional liability coverage; provided that one of the following applies:

(1) The contract amount for design professional services relating to the tort claim is $500,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $1,000,000 in the aggregate; or

(2) The contract amount for design professional services relating to the tort claim is $1,000,000 or less and the design professional is covered for the claim by a professional liability insurance policy with limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

(b) This section shall not apply to any design professional with a gross annual revenue of $10,000,000 or more during any of the three calendar years immediately preceding the effective date of the contract for design professional services relating to the tort claim. Information produced pursuant to this section relating to gross revenue shall be confidential and used only for purposes of this section unless otherwise ordered by the court.

(c) For purposes of this section:

"Available policy limits" means the remaining occurrence or aggregate policy limits available after reduction for prior claim payments made under the applicable professional liability insurance policy.

"Contract amount" means the maximum charges permitted under the contract; provided that if two or more design professional firms share in a contract, the contract amount shall be the share of maximum charges permitted for the design professional against which the claim is asserted.

"Design professional" means a professional engineer, architect, surveyor, or landscape architect licensed under chapter 464. [L 2009, c 179, §2]
Haw. Rev. Stat. § 672B-15 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-15
Statute of limitations tolled.
Status: in_force

The filing of the claim with the design claim conciliation panel or with an approved alternative dispute resolution provider shall toll any applicable statute of limitations, and any such statute of limitations shall remain tolled until sixty days after the date of the decision of the panel or the notification of completion from the approved alternative dispute resolution provider is mailed or delivered to the parties. If a decision by the design claim conciliation panel is not reached within twelve months, or the alternative dispute resolution process is not completed within twelve months, the statute of limitations shall resume running and the party filing the claim may commence a suit based on the claim in any appropriate court of this State. The panel or the approved alternative dispute resolution provider shall notify all parties in writing of this provision.
Haw. Rev. Stat. § 657-31.5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-31.5
Adverse possession.
Status: in_force

In an action under this part where the person defending the action claims by adverse possession in excess of the period of limitation, said claim can only be made:

(1) If the real property which is the subject of the action is five acres or less; and

(2) Where the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years; however, this shall not include similar claims made before November 7, 1978.

However, any person defending an action under this part may claim adverse possession if that person's time period of adverse possession of the land exceeded twenty years prior to November 7, 1978, or exceeded other earlier applicable time periods of adverse possession. [L 1979, c 157, §2]
Haw. Rev. Stat. § 671D-14 — HI Code / Division 4 / Title 36 / Chapter 671D / Section 671D-14
Construction.
Status: in_force

(a) Except as specifically provided in this part, nothing in this part shall be construed as changing the liabilities or immunities under law.

(b) Nothing in this part shall be construed as requiring health care entities to provide clinical privileges to any or all classes or types of physicians or other licensed health care practitioners.

(c) Nothing in this part shall be construed as affecting or modifying any provision of state law with respect to activities of professional review bodies regarding nurses, other licensed health care practitioners, or other health professionals who are not physicians.

(d) Nothing in this chapter shall be construed as affecting in any manner the rights and remedies afforded patients under any provision of state law to seek redress for any harm or injury suffered as a result of negligent treatment or care by any physician, health care practitioner, or health care entity, or as limiting any defenses or immunities available to any physician, health care practitioner, or health care entity. [L 1989, c 354, pt of §3 and c 363, pt of §3]
Haw. Rev. Stat. § 657D-12 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-12
Stay of proceedings where military service affects conduct thereof.
Status: in_force

In any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of that service or within sixty days thereafter, the court in its discretion, on application to it by the person or a person on such person's behalf, shall stay the action or proceeding at any stage as provided in this chapter. No stay shall issue if, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct the defense is not materially affected by reason of the person's military service.
Haw. Rev. Stat. § 654-9 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-9
Other remedies not affected.
Status: in_force

The remedy provided by this chapter shall be in addition to, and shall not be deemed to affect, any other remedy. [L Sp 1949, c 7, pt of §1; RL 1955, §244-29; HRS §654-30; am L 1972, c 90, §1(g); ren HRS §654-9]
Haw. Rev. Stat. § 661-5 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-5
Limitations on action.
Status: in_force

Every claim against the State, cognizable under this part, shall be forever barred unless the action is commenced within two years after the claim first accrues; provided that the claims of persons under legal disability shall not be barred if the action is commenced within one year after the disability has ceased.
Haw. Rev. Stat. § 658A-13 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-13
Action by majority.
Status: in_force

If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under section 658A-15(c).
Haw. Rev. Stat. § 671D-3 — HI Code / Division 4 / Title 36 / Chapter 671D / Section 671D-3
Findings.
Status: in_force

The legislature finds the following:

(1) There is an overriding need to provide incentive and protection for physicians engaging in effective professional peer review;

(2) The occurrence of medical malpractice actions has become a problem in Hawaii which can be addressed in part by promoting more effective peer review; and

(3) The threat of private money damage liability under state laws unreasonably discourages physicians from participating in effective professional peer review. [L 1989, c 354, pt of §3 and c 363, pt of §3]
Haw. Rev. Stat. § 664-34 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-34
Same; decision.
Status: in_force

The court shall hear the evidence offered relative to the right in controversy, and may, if deemed desirable to the rendering of a correct decision, visit the locality where the controversy arose. It shall give such decision as may in each particular case appear to be in conformity with vested rights and shall be just and equitable between the parties.

The decision shall state expressly the findings of fact on the evidence, and shall in cases of right of way clearly indicate the location (if possible) and nature of the way; if on a water right, it shall state the proportion of time for use, and any other things necessary to the right. It may also regulate the methods by which water may be obtained, and by which its supply can be controlled. As far as possible, the rights of parties served by publication who have not appeared in the action shall be ascertained. Judgment shall be entered in accordance with the decision. [L 1886, c 69, §4; am L 1888, c 26, §4; am L 1907, c 56, §4; RL 1925, §2939; RL 1935, §3680; RL 1945, §10221; RL 1955, §234-33; HRS §664-34; am L 1972, c 90, §6(o)]
Haw. Rev. Stat. § 671-16 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-16
Subsequent litigation; excluded evidence.
Status: in_force

[(a)] The party initiating the inquiry may institute litigation based upon the circumstances of the inquiry in an appropriate court only after the medical inquiry and conciliation panel proceedings were terminated pursuant to section 671-15; a party has participated in alternative dispute resolution pursuant to section 671-16.6; or the twelve-month period under section 671-18 has expired.

[(b)] No statement made in the course of the proceedings of the medical inquiry and conciliation panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action; provided that the statements may be admissible for the purpose of section 671-19. No decision, conclusion, finding, statement, or recommendation of the medical inquiry and conciliation panel 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 medical inquiry and conciliation panel proceeding, or the counsel or other representative of a party, refer or comment thereon in an opening statement, an argument, or at any other time, to the court or jury; provided that the decision, conclusion, finding, or recommendation may be admissible for the purpose of section 671-19. [L 1976, c 219, pt of §2; am L 1980, c 88, §3; am L 2003, c 211, §3 ; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 673-4 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-4
Scope of relief.
Status: in_force

(a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not charged by law with the administration of the trust property; provided that actual damages may be awarded to a successful plaintiff.

(b) "Actual damages", as used in this section, means direct, monetary, out of pocket loss, excluding noneconomic damages as defined in section 663-8.5 and any consequential damages, sustained by a native Hawaiian or Hawaiian individually rather than the class generally. [L 1988, c 395, pt of §2]
Haw. Rev. Stat. § 671-16.6 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-16.6
Submission of inquiry to an alternative dispute resolution provider.
Status: in_force

(a) Any inquiry initially filed with the medical inquiry and conciliation panel may be subsequently submitted to an alternative dispute resolution provider upon the written agreement of all of the parties and with the written approval of the director of commerce and consumer affairs. The director shall approve the alternative dispute resolution provider and the alternative dispute resolution procedures. All filing fees, less a processing fee of $50, shall be refunded to the appropriate parties if the panel was not constituted or had not taken any action related to the inquiry prior to the submission of the inquiry to an alternative dispute resolution provider. If the panel was constituted or took any action prior to the submission of the inquiry to an alternative dispute resolution provider, the remaining balance of any filing fees shall be refunded to the appropriate parties, less a processing fee of $50 and a pro-rata amount to be determined by the director.

(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 inquiry resubmitted to the medical inquiry and conciliation panel. The director may collect any filing fees that were refunded pursuant to subsection (a) from a party that resubmits its inquiry.

(c) Notwithstanding section 671-12, any inquiry may be submitted directly to an alternative dispute resolution process upon the written agreement of all parties without first submitting the inquiry to a medical inquiry and conciliation panel. A written agreement shall be effective as of the date of its execution by the parties. Any inquiry submitted directly to alternative dispute resolution need not be subsequently submitted to a medical inquiry and conciliation panel and shall not be subject to filing fees assessed by the director for the medical inquiry and conciliation panel.

(d) 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 health care provider's liability insurance carrier authorized to act for the carrier, as appropriate, that the alternative dispute resolution process has been completed.

(e) The party submitting the inquiry may institute litigation based upon the inquiry in an appropriate court only if:

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

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

(f) No statement made in the course of the approved or agreed upon 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 or agreed upon 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 or agreed upon 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 2003, c 211, §2; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 667-101 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-101
Affidavit after public sale; contents.
Status: in_force

(a) After the public sale is held, the association 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 law or association documents;

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

(3) Summarizing what was done by the association;

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

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

(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 association) ("association") regarding the following power of sale foreclosure. I am signing this affidavit in accordance with the alternate power of sale foreclosure law (Chapter 667, Part VI , Hawaii Revised Statutes);

(2) The association is a n "association" as defined in the power of sale foreclosure law;

(3) The power of sale foreclosure is of an association lien . If the lien was recorded, the lien was dated ____________________, and recorded in the ____________________ (bureau of conveyances or office of the assistant registrar of the land court) as ____________________ (recordation information). The unit is located at: ____________________ (address or description of location) and is identified by tax map key number: ____________________. The legal description of the property , including the certificate of title or transfer certificate of title number if registered with the land court, is attached as Exhibit "A ";

(4) Pursuant to the power of sale provision of law or association documents, 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 unit owner 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 667-96(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 unit owner, to the state director of taxation, to the director of finance of the county where the unit 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 unit or on such other real property of which the unit 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 unit 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

(5) This affidavit is signed under penalty of perjury. "
Haw. Rev. Stat. § 672B-14 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-14
Immunity of panel members from liability.
Status: in_force

No member of a design claim conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a design claim conciliation panel proceeding for any action taken or any decision, conclusion, finding, or recommendation made by the member while acting within the member's capacity as a member of a design claim conciliation panel under this chapter.
Haw. Rev. Stat. § 657-21 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-21
Extension by keeping defendant in ignorance.
Status: in_force

When an action is alleged by a plaintiff to have been commenced within the time required by law, and the allegation is put in issue by the defendant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff was not issued with the intent or in the manner required by law; or that any means whatever were used by the plaintiff, or the plaintiff's attorney, to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof. [CC 1859, §1044; RL 1925, §2655; RL 1935, §3926; RL 1945, §10437; RL 1955, §241-20; HRS §657-21; am L 1972, c 105, §1(m); gen ch 1985]
Haw. Rev. Stat. § 657D-52 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-52
Certificates of service; persons reported missing.
Status: in_force

(a) In any proceeding under this chapter, a certificate signed by the adjutant general shall be prima facie evidence as to any of the following facts stated in the certificate:

(1) That a person named has not served, is serving, or has served in the state military forces;

(2) The time when and the place where the person entered military service, the person's residence at that time, and the rank, branch, and unit of such service that the person entered;

(3) The dates the person served in the state military forces;

(4) The monthly pay received by the person at the date of issuing the certificate; and

(5) If applicable, the time when and the place where the person died in or was discharged from such service.

(b) It is the duty of the adjutant general to furnish a certificate on application; and any certificate signed by any one of the officers of the adjutant general or by any person purporting upon the face of the certificates to have been so authorized shall be prima facie evidence of its contents and of the authority of the officer to issue it.

(c) Where a person in military service has been reported missing, the person shall be presumed to continue in the service until accounted for, and no period under this chapter which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the department of defense, or any court or board thereof, or until death is determined by a court of competent jurisdiction. No period limited by this chapter that begins or ends with the death of such person shall be extended beyond a period of six months after the time when this chapter ceases to be in force. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 651-6 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-6
Action on bond.
Status: in_force

In an action on the bond a plaintiff may recover, if the plaintiff shows that the attachment was wrongfully sued out, the actual damages sustained and reasonable attorney's fees, to be fixed by the court. If it is shown that the attachment was sued out maliciously, the plaintiff may recover exemplary damages. No action shall be maintained on any bond until after final judgment in the action, unless the same is discontinued or dismissed.
Haw. Rev. Stat. § 653-7 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-7
Service on garnishee.
Status: in_force

Service of the copy upon the garnishee may be made in any of the manners here described, namely:

(1) If the garnishee lives or has an office in the district in which process is issued, by the officer's handing a copy to the garnishee in person or leaving it in the garnishee's office in charge of some deputy or clerk or other employees or attache of the office; or

(2) If the garnishee lives in a district other than that in which the process was issued, by an officer's handing a copy to the garnishee in person, or by mailing it in a sealed envelope, registered or certified, postage prepaid, return receipt requested, and addressed to the garnishee's home or business address. [L 1890, c 50, §5; RL 1925, §2850; RL 1935, §4296; RL 1945, §10327; am L 1955, c 197, §2; RL 1955, §238-7; HRS §653-7; gen ch 1985; am L 1992, c 82, §4]
Haw. Rev. Stat. § 664-7 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-7
Notice, evidence, decision.
Status: in_force

The commissioner of boundaries, on receipt of the application, shall notify the owner or owners of the land, and also those of the land adjoining, and the attorney general, of the time when the commissioner will be prepared to hear their case. Further, the commissioner shall advertise in such newspaper or newspapers as the commissioner directs, once in each of three successive weeks, a notice sufficient in the commissioner's judgment to identify the locality to be adjudicated and the date and place of hearing. The commissioner shall receive at the hearing all the testimony offered, shall go on the ground when requested by either party, and shall endeavor otherwise to obtain all information possible to enable the commissioner to arrive at a just decision as to the boundaries of the lands. Upon giving a decision, the commissioner shall therein describe the boundaries decided on by survey by natural topographical features, or by permanent boundary marks, or partly by each; and the commissioner shall have the power to order such surveys and marks to be made or erected as the commissioner may consider necessary, at the expense of the parties in interest, but the commissioner shall in no case alter any boundary described by survey in any patent or deed from the king or government, or in any land commission award.
Haw. Rev. Stat. § 663J-5 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-5
Damages.
Status: in_force

An individual entitled to bring an action under section 663J-3 may recover all of the following damages:

(1) Economic damages proximately caused by coercion into sexual exploitation or being the subject of sex trafficking;

(2) Noneconomic damages proximately caused by coercion into sexual exploitation or being the subject of sex trafficking;

(3) Exemplary damages;

(4) Reasonable attorney's fees; and

(5) Costs of suit, including reasonable expenses for expert testimony. [L 1999, c 203, pt of §2; am L 2016, c 206, §6; am L 2025, c 20, §7]
Haw. Rev. Stat. § 667-81 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-81
Outcome of dispute resolution; neutral's closing report.
Status: in_force

(a) Within ten days from the conclusion of the dispute resolution, the neutral shall file a closing report with the department, which verifies the parties' presence at the session, compliance with the requirements of this part, and reports whether the parties reached an agreement to resolve the dispute and the date of the dispute resolution's conclusion. Upon receipt of the neutral's closing report, the department shall close the case. The department shall forward a written copy of the neutral's closing report by registered or certified mail to the parties within five days after receipt from the neutral.

(b) If, despite the parties' participation in the dispute resolution process and compliance with the requirements of this part, the parties are not able to come to an agreement, the neutral shall file a closing report with the department that the parties met the program requirements. The mortgagee may record the report. Upon recording of the report pursuant to this subsection, the foreclosure process shall resume along the timeline as it existed on the date before the mortgagor elected dispute resolution, and may proceed as otherwise provided by law. The mortgagee shall notify the mortgagor of the recording date and document number of this report and the deadline date to cure default in an amended foreclosure notice. Nothing in this subsection shall be construed to require the neutral to wait the full sixty days allotted for dispute resolution to determine that the parties were unable to reach an agreement and file a report.

(c) If the parties have complied with the requirements of this part and have reached an agreement, the agreement shall be memorialized in writing and signed by the parties or their authorized representatives. The parties shall be responsible for drafting any agreement reached and enforcing the agreement. The agreement shall be a contract between the parties and shall be enforceable in a private contract action in a court of appropriate jurisdiction in the event of breach by either party. If the agreement allows for foreclosure or other transfer of the subject property, the stay of the foreclosure under section 667-83 shall be released upon the recordation of the neutral's closing report. Thereafter, the office of the assistant registrar of the land court or bureau of conveyances may record a notice of sale or other conveyance document, as appropriate.

(d) If the parties to a dispute resolution process reach an agreement which resolves the matters at issue in the dispute resolution before the first day of the scheduled dispute resolution session scheduled pursuant to this section, the parties shall notify the neutral by that date. The neutral shall thereafter issue a closing report that the parties have reached an agreement prior to the commencement of a dispute resolution session. If the agreement provides for foreclosure, the parties shall memorialize the agreement in writing, which shall be signed by both parties. The parties may record the report. If the agreement authorizes foreclosure, the stay of the foreclosure under section 667-83 shall be released upon the recordation of the report. Thereafter, the land court or bureau of conveyances may record a notice of sale or other conveyance document, as appropriate. No fees shall be refunded if the parties come to an agreement prior to a dispute resolution session conducted pursuant to this part. [L 2011, c 48 , pt of §1 , §45(2) ; am L 2012, c 182, §§4 5 , 49 ]
Haw. Rev. Stat. § 667-22 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-22
Notice of default and intention to foreclose; contents; distribution.
Status: in_force

(a) When the mortgagor or the borrower has breached the mortgage agreement, and when the foreclosing mortgagee intends to conduct a power of sale foreclosure under this part, the foreclosing mortgagee shall prepare a written notice of default and intention to foreclose addressed to the mortgagor, the borrower, and any guarantor. The notice of default and intention to foreclose shall state:

(1) The name and address of the current mortgagee;

(2) The name and last known address of the mortgagors, the borrowers, and any guarantors;

(3) With respect to the mortgaged property, the address or a description of its location , tax map key number, and certificate of title or transfer certificate of title number if registered in the land court ;

(4) The description of the default or, if the default is a monetary default, an itemization of the delinquent amount;

(5) The action required to cure the default , including the delinquent amount and the estimated amount of the foreclosing mortgagee's attorney's fees and costs, and all other fees and costs related to the default estimated to be incurred by the foreclosing mortgagee by the deadline date;

(6) The date by which the default must be cured, which shall be at least sixty days after the date of the notice of default and intention to foreclose;

(7) A statement that if the default is not cured by the deadline date stated in the notice of default and intention to foreclose, the entire unpaid balance of the moneys owed to the mortgagee under the mortgage agreement will become due, that the mortgagee intends to conduct a power of sale foreclosure to sell the mortgaged property at a public sale without any court action and without going to court, and that the mortgagee or any other person may acquire the mortgaged property at the public sale;

(8) A statement that if the default is not cured by the deadline date stated in the notice of default and intention to foreclose, the mortgagee may publish the public notice of the public sale in a newspaper of general circulation or on a state website, pursuant to section 667-27(d);

(9) The name, address, electronic address, and telephone number of the attorney who is representing the foreclosing mortgagee; provided that the attorney shall be licensed to practice law in the State and physically located in the State; and

(10) Notice of the right of the owner-occupant to elect to participate in any other process as established by law .

(b) The notice of default and intention to foreclose shall also contain wording substantially similar to the following in all capital letters and printed in not less than fourteen-point font:

"IF THE DEFAULT ON THE LOAN CONTINUES AFTER THE DEADLINE DATE IN THIS NOTICE, THE MORTGAGED PROPERTY MAY BE FORECLOSED AND SOLD WITHOUT ANY COURT ACTION AND WITHOUT GOING TO COURT.

YOU MAY HAVE CERTAIN LEGAL RIGHTS OR DEFENSES. FOR ADVICE, YOU SHOULD CONSULT WITH AN ATTORNEY LICENSED IN THIS STATE.

ALL FUTURE NOTICES AND CORRESPONDENCE WILL BE MAILED TO YOU AT THE ADDRESS AT WHICH YOU RECEIVED THIS NOTICE UNLESS YOU SEND WRITTEN INSTRUCTIONS TO THIS OFFICE INFORMING THIS OFFICE OF A DIFFERENT ADDRESS. THE WRITTEN INSTRUCTIONS MUST BE SENT TO THIS OFFICE BY CERTIFIED MAIL, REGISTERED MAIL, OR EXPRESS MAIL, POSTAGE PREPAID AND RETURN RECEIPT REQUESTED."

(c) The notice of default and intention to foreclose shall include a copy of :

(1) T he original mortgage agreement, and copies of any subsequent mortgage agreements and assignments;

(2) T he promissory note signed by the mortgagor and any endorsements and allonges on the note; and

(3) A ny other documents that amend or alter the terms of the original mortgage agreement that were signed by the mortgagor and the mortgagee or any successors or assigns of the mortgagor or the mortgagee.

( d) The notice of default and intention to foreclose shall also include contact information for approved housing counselors and approved budget and credit counselors.

(e) The foreclosing mortgagee shall have the notice of default and intention to foreclose served on:

(1) The mortgagor and the borrower;

(2) Any prior or junior creditors who have a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23;

(3) The state director of taxation;

(4) The director of finance of the county where the mortgaged property is located;

(5) The department of commerce and consumer affairs, by filing the notice with the department when required; and

(6) Any other person entitled to receive notice under this part.

(f) As used in this part, unless the context clearly indicates otherwise, the notice of default and intention to foreclose shall also include any amended notice that results from participation in the mortgage foreclosure dispute resolution program under part V . [L 1998, c 122, pt of §1; am L 2008, c 138, §3 ; am L 2011, c 48, §21 ; am L 2012, c 182, § 17 ]
Haw. Rev. Stat. § 657D-7 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-7
Exercise of rights not to affect lenders, credit, or insurers.
Status: in_force

Application by a person in military service for, or receipt by a person in military service of, a stay, postponement, or suspension pursuant to this chapter in the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability of that person shall not by itself provide the basis for any of the following:

(1) A determination by any lender or other person that the person in military service is unable to pay the civil obligation or liability in accordance with its terms;

(2) With respect to a credit transaction between a creditor and the person in military service:

(A) A denial or revocation of credit by the creditor;

(B) A change by the creditor in the terms of an existing credit arrangement; or

(C) A refusal by the creditor to grant credit to such person in substantially the amount or on substantially the terms requested;

(3) An adverse report on the creditworthiness of the person in military service by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information; or

(4) A refusal by an insurer to insure the person. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 657-1.8 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-1.8
Civil action arising from sexual offenses; application; certificate of merit; trauma-informed response.
Status: in_force

(a) Notwithstanding any law to the contrary, no action for recovery of damages based on physical, psychological, or other injury or condition suffered by a victim when the victim was a minor, arising from the sexual abuse of the victim by any person when the victim was a minor, shall be commenced against the person who committed the act of sexual abuse more than:

(1) For sexual abuse committed before July 1, 2024:

(A) Eight years after the eighteenth birthday of the victim; or

(B) Three years after the date the victim discovers or reasonably should have discovered that psychological injury or illness occurring after the victim's eighteenth birthday was caused by the sexual abuse,

whichever occurs later; or

(2) For sexual abuse committed on or after July 1, 2024:

(A) Thirty-two years after the eighteenth birthday of the victim; or

(B) Five years after the date the victim discovers or reasonably should have discovered that psychological injury or illness occurring after the victim's eighteenth birthday was caused by the sexual abuse,

whichever occurs later.

A civil cause of action for the sexual abuse of a victim when the victim was a minor shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V or VI of chapter 707.

(b) A claim may also be brought under this section against a legal entity if:

(1) The person who committed the act of sexual abuse against the victim was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim; or

(2) The person who committed the act of sexual abuse and the victim were engaged in an activity over which the legal entity had a degree of responsibility or control.

Damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.

(c) A defendant against whom a civil action is commenced may recover attorney's fees if the court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the defendant shall not be the sole basis for a determination that an accusation had no basis in fact and was made with malicious intent. The court shall make an independent finding of an improper motive before awarding attorney's fees under this section.

(d) In any civil action filed pursuant to subsection (a) or (b), a certificate of merit shall be filed by the attorney for the plaintiff, and shall be sealed and remain confidential. The certificate of merit shall include a notarized statement by a:

(1) Marriage and family therapist licensed pursuant to chapter 451J;

(2) Mental health counselor licensed pursuant to chapter 453D;

(3) Psychologist licensed pursuant to chapter 465; or

(4) Clinical social worker licensed pursuant to chapter 467E,

who is knowledgeable in the relevant facts and issues involved in the action, and who is not a party to the action.

The notarized statement included in the certificate of merit shall set forth in reasonable detail the facts and opinions relied upon to conclude that there is a reasonable basis to believe that the plaintiff was subject to one or more acts that would result in an injury or condition specified in subsection (a).

(e) With respect to a legal entity against whom a claim is brought pursuant to subsection (b), a plaintiff may request, and a court may order, the personnel of the legal entity to undergo training on trauma-informed response to allegations of sexual abuse. As used in this subsection, "trauma-informed response" may include:

(1) Fully integrating research about the effects and impacts of trauma into policies, procedures, and practices;

(2) Understanding the ways in which stress and trauma may affect attention, cognition, behavior, and memory processes;

(3) Creating an environment that is safe, non-judgmental, and free of gratuitous re-triggering; and

(4) Listening to and documenting victims' statements without judgment. [L 2012, c 68, §1; am L 2014, c 112, §1; am L 2018, c 98, §1; am L 2024, c 250, §2; am L 2025, c 21, §16]
Haw. Rev. Stat. § 657-3.5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-3.5
Relation back of amendments.
Status: in_force

An amended pleading relates back to the date of the original pleading as provided by the rules of court.

Nothing herein limits or affects section 657-3. [L 1972, c 105, §1(c)]
Haw. Rev. Stat. § 658H-5 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-5
Waiver and preclusion of privilege.
Status: in_force

(a) A privilege under section 658H-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:

(1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and

(2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.

(b) A person who discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 658H-4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.

(c) A person who intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 658H-4. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 665-4 — HI Code / Division 4 / Title 36 / Chapter 665 / Section 665-4
Sale; disposition of proceeds.
Status: in_force

If a decree is entered in favor of the State, the department of land and natural resources shall cause the premises to be sold at public auction, and the proceeds of sale after deducting all costs and expenses shall be deposited in the treasury of the State and there abide the claim of any heir or other person thereto lawfully entitled; provided that no claim to the proceeds shall be allowed unless the claim is made within five years after deposit.
Haw. Rev. Stat. § 651C-2 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-2
Insolvency.
Status: in_force

(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation.

(b) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.

(c) A partnership is insolvent under subsection (a) if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets, and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.

(d) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.

(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 665-2 — HI Code / Division 4 / Title 36 / Chapter 665 / Section 665-2
Conclusive presumptions.
Status: in_force

In all actions provided for in section 665-1, the following shall be conclusive presumptions of fact:

(1) That the person who last owned the property has died intestate, if it is shown that the owner has been absent from the State and not been heard of for the space of fifteen years, and has neither in person nor through any agent thereto authorized in writing, nor through any tenant occupying the premises in question under a valid lease, had possession or exercised dominion over the premises during that time, and that no application for letters testamentary or of administration has been filed in any court within the State having jurisdiction of probate proceedings within such time.

(2) That the person who last owned the property has left no kindred, if it is shown that no person claiming to be kin has made claim to the property within five years after the lapse of the fifteen years in this section before mentioned. [L 1886, c 8, §2; RL 1925, §2914; RL 1935, §4231; RL 1945, §10242; RL 1955, §235-2; HRS §665-2]
Haw. Rev. Stat. § 651-37 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-37
Address, signature.
Status: in_force

All writs of execution, whether civil or criminal, issuing from any court of record, shall be addressed to the sheriff, or deputy sheriff, or a police officer of any county, and shall be signed by the clerk of the court, and impressed with the seal thereof. [CC 1859, §1020; RL 1925, §2441; RL 1935, §4140; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10167; RL 1955, §233-36; am L 1963, c 85, §3; HRS §651-37; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 667-28 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-28
Postponement, cancellation of sale.
Status: in_force

(a) The public sale may be either postponed or canceled by the foreclosing mortgagee. Notice of the postponement or the cancellation of the public sale shall be :

(1) Announced by the foreclosing mortgagee at the date, time, and place of the last scheduled public sale ; and

(2) Provided to any other person who is entitled to receive the notice of default under section 667-22.

(b) If there is a postponement of the public sale of the mortgaged property, a new public notice of the public sale shall be published once in the format described in section 667-27. The new public notice shall state that it is a notice of a postponed sale. The public sale shall take place no sooner than fourteen days after the date of the publication of the new public notice. Not less than fourteen days before the date of the public sale, a copy of the new public notice shall be posted on the mortgaged property or on another real property of which the mortgaged property is a part, and it shall be mailed or delivered to the mortgagor, to the borrower, and to any other person entitled to receive notice under section 667-22(e).

(c) Upon the fourth postponement of every series of four consecutive postponements, the foreclosing mortgagee shall follow all of the public notice of public sale requirements of section 667-27, including the requirements of mailing and posting under section 667-27(c) and of publication under section 667-27(d).

(d) The default under the mortgage agreement may be cured no later than three business days before the date of the public sale of the mortgaged property by paying the entire amount which would be owed to the foreclosing mortgagee if the payments under the mortgage agreement had not been accelerated, plus the foreclosing mortgagee's attorney's fees and costs, and all other fees and costs incurred by the foreclosing mortgagee related to the default, unless otherwise agreed to between the foreclosing mortgagee and the borrower. There is no right to cure the default or any right of redemption after that time. If the default is so cured, the public sale shall be canceled. [L 1998, c 122, pt of §1; am L 2008, c 138, §4; am L 2011, c 48, § 27 ; am L 2012, c 182, § 21 ]
Haw. Rev. Stat. § 659-6 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-6
Judgment as to offices; burden of proof.
Status: in_force

[(a)] If a person to whom an order is directed with respect to an office of which the person performs the duties does not answer within the time allowed or the answer is insufficient or it is found that the person has usurped the office or continues in it unlawfully, the court in addition to declaring the person not qualified to fill the office and forbidding the person to perform the duties of the office any longer, may direct that a new appointment be made and may grant other appropriate relief.

[(b)] If the proceeding is commenced by verified petition of the attorney general and concerns a public office, the respondent shall have the burden of proof. [L 1876, c 39, §41; RL 1925, §2721; RL 1935, §4263; RL 1945, §10284; RL 1955, §236-24; HRS §659-51; am L 1972, c 90, §3(f); ren HRS §659-6; gen ch 1985]
Haw. Rev. Stat. § 657D-16 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-16
Statutes of limitations as affected by period of service.
Status: in_force

The period of military service shall not be included in computing any period for the bringing of any action or proceeding in any court, or before a state or county agency by or against any person in military service or by or against the person's heirs, personal representatives, administrators, or assigns, whether the cause of action or right or privilege to institute that action or proceeding accrued prior to or during the period of the military person's service. No part of the period of military service that occurs after July 1, 1994, shall be included in computing any period now or hereafter provided by any law for the redemption of real property sold or forfeited to enforce any obligation, tax, or assessment.

Revision Note

"July 1, 1994," substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 651-5 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-5
Additional security.
Status: in_force

[(a)] The defendant may at any time before judgment move the court for additional security on the part of the plaintiff, and if, on the motion, the court is satisfied that any surety on the plaintiff's bond has removed from the State, or that the surety is not sufficient, the attachment may be vacated and restitution directed of any property taken under it, unless in a reasonable time, to be fixed by the court, further security is given by the plaintiff in such amount and form as shall be approved by the court.

[(b)] In case the defendant obtains judgment the defendant shall be entitled to have taxed against the plaintiff as costs, in addition to such other costs as may be allowed by law, a reasonable attorney's fee of not more than $50, to be fixed by the court. [L 1905, c 84, §5; am L 1909, c 60, §3; RL 1925, §2809; RL 1935, §4194; RL 1945, §10145; RL 1955, §233-5; HRS §651-5; gen ch 1985]
Haw. Rev. Stat. § 663J-9 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-9
Other remedies preserved.
Status: in_force

The remedies provided under this chapter shall not restrict the right of any individual to bring an action under any other law, including common law, to recover damages arising out of the use of the individual in sexual exploitation, or subjecting the individual to sex trafficking, or the coercion incident to the individual being used in sexual exploitation or sex trafficking; nor shall this chapter limit or restrict the liability of any person, business, business owner, or business operator under any other law.
Haw. Rev. Stat. § 651C-3 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-3
Value.
Status: in_force

(a) Value is given for a transfer or an obligation if in exchange for the transfer or obligation property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.

(b) For the purposes of section 651C-4(a)(2) and section 651C-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 651-15 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-15
Officer's return; how made.
Status: in_force

The police officer shall make out a full inventory of the property attached and return the same with the writ of attachment. The police officer shall return the writ with the summons if issued at the same time; otherwise, within such time after its receipt as is allowed for a return of summons, with certificate of the police officer's proceedings endorsed thereon or attached thereto.

Revision Note

"Indorsed" changed to "endorsed" pursuant to §23G-15.
Haw. Rev. Stat. § 651-20 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-20
Judgment satisfied out of attached property.
Status: in_force

If judgment is recovered by the plaintiff, the levying officer shall satisfy the same out of the property attached by the levying officer which has not been delivered to the defendant or claimant, as in this chapter provided, or subjected to execution on another judgment recovered before the issuing of the attachment, if it is sufficient for that purpose:

(1) By applying on the execution issued on the judgment the proceeds of all sales of perishable or other property sold by the levying officer, or so much as shall be necessary to satisfy the judgment; and

(2) If any balance remains due, the levying officer shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remains in the levying officer's hands. Notice of the sale shall be given and the sale conducted as in other cases of sales on execution. In all cases the personal property shall first be sold. [L 1905, c 84, §20; RL 1925, §2824; RL 1935, §4209; RL 1945, §10160; RL 1955, §233-20; HRS §651-20; gen ch 1985]

Revision Note

In paragraph (1), "and" added after ending punctuation pursuant to §23G-15.
Haw. Rev. Stat. § 671D-12 — HI Code / Division 4 / Title 36 / Chapter 671D / Section 671D-12
Attorney's fees.
Status: in_force

(a) In any suit brought against a defendant, to the extent that a defendant has met the standards set forth under section 671D-11(a) and the defendant substantially prevails, the court, at the conclusion of the action, shall award to a substantially prevailing party defending against any such claim the cost of the suit attributable to such claim, including a reasonable attorney's fee, if the claim, or the claimant's conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith.

(b) For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages, or permanent injunctive or declaratory relief. [L 1989, c 354, pt of §3 and c 363, pt of §3]
Haw. Rev. Stat. § 662-13 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-13
No awards except upon legal evidence.
Status: in_force

In no case 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. § 658H-4 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-4
Privilege against disclosure; admissibility; discovery.
Status: in_force

(a) Except as provided in section 658H-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 658H-5.

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

(1) A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication;

(2) A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator; and

(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation 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 by reason of its disclosure or use in a mediation. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 669-6 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-6
Disclaimer, default, no costs.
Status: in_force

If in the action the defendant disclaims in the defendant's answer any interest or estate in the property or suffers judgment to be taken against the defendant without answer, the plaintiff shall not recover costs.
Haw. Rev. Stat. § 661-23 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-23
Evidentiary determination; burden of proof.
Status: in_force

A determination that a person has violated the provisions of this part shall be based on a preponderance of the evidence.
Haw. Rev. Stat. § 654-6 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-6
Return of officer.
Status: in_force

The officer shall return the order on or before the return day specified in the order issued to the officer and state fully what the officer has done thereunder. If the officer has taken any property the officer shall describe the same particularly. [L Sp 1949, c 7, pt of §1; RL 1955, §244-26; HRS §654-27; ren HRS §654-6; gen ch 1985]
Haw. Rev. Stat. § 660-29 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-29
Discharge, when.
Status: in_force

If no legal cause for the imprisonment or restraint is shown the person shall be immediately discharged therefrom.
Haw. Rev. Stat. § 674-4 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-4
Tenure and compensation of members.
Status: in_force

The term of office of each member of the panel shall be until December 31, 1999. Any member appointed to fill a vacancy shall be appointed by the governor for the remainder of the term. A vacancy in the panel shall not affect its powers.

Each member of the panel shall be compensated at the rate of $100 per day for each day's actual attendance to the member's duties; provided that the compensation shall not exceed a maximum of $10,000 per year. The members of the panel shall be paid their necessary traveling and subsistence expenses incurred in the discharge of their duties. Expenses incurred under this section shall be paid by the department of commerce and consumer affairs. [L 1991, c 323, pt of §1; am L 1993, c 351, §2; am L 1997, c 382, §4]
Haw. Rev. Stat. § 657-7.3 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-7.3
Medical torts; limitation of actions; time.
Status: in_force

[(a)] No action for injury or death against a chiropractor, clinical laboratory technologist or technician, dentist, naturopathic physician, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any such person, based upon such person's alleged professional negligence, or for rendering professional services without consent, or for error or omission in such person's practice, shall be brought more than two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death. This six-year time limitation shall be tolled for any period during which the person has failed to disclose any act, error, or omission upon which the action is based and which is known to the person.

[(b)] Actions by a minor shall be commenced within six years from the date of the alleged wrongful act except the actions by a minor under the age of ten years shall be commenced within six years or by the minor's tenth birthday, whichever provides a longer period. Such time limitation shall be tolled for any minor for any period during which the parent, guardian, insurer, or health care provider has committed fraud or gross negligence, or has been a party to a collusion in the failure to bring action on behalf of the injured minor for a medical tort. The time limitation shall also be tolled for any period during which the minor's injury or illness alleged to have arisen, in whole or in part, from the alleged wrongful act or omission could not have been discovered through the use of reasonable diligence. [L 1973, c 92, §1; am L 1976, c 219, §17; am L 1977, c 167, §14; gen ch 1985; am L Sp 1986, c 2, §15; am L 2010, c 4, §9]
Haw. Rev. Stat. § 658F-6 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-6
Procedure for recognition of foreign-country judgment.
Status: in_force

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense. [L 2009, c 34, pt of §1]
Haw. Rev. Stat. § 658A-28 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-28
Appeals.
Status: in_force

(a) An appeal may be taken from:

(1) An order denying a motion to compel arbitration;

(2) An order granting a motion to stay arbitration;

(3) An order confirming or denying confirmation of an award;

(4) An order modifying or correcting an award;

(5) An order vacating an award without directing a rehearing; or

(6) A final judgment entered pursuant to this chapter.

(b) An appeal under this section shall be taken as from an order or a judgment in a civil action. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 671D-11 — HI Code / Division 4 / Title 36 / Chapter 671D / Section 671D-11
Standards for professional review actions.
Status: in_force

(a) For purposes of the protection set forth in section 671D-10, a professional review action must be taken:

(1) In the reasonable belief that the action was in the furtherance of quality health care;

(2) After a reasonable effort to obtain the facts of the matter;

(3) After adequate notice and hearing procedures are afforded to the physician involved or after such other procedures as are fair to the physician under the circumstances; and

(4) In the reasonable belief that the action was warranted by the facts known after such reasonable effort to obtain facts and after meeting the requirement of paragraph (3).

A professional review action shall be presumed to have met the standards necessary for the protection set out in section 671D-10 unless the presumption is rebutted by a preponderance of the evidence.

(b) A health care entity shall be deemed to have met the adequate notice and hearing requirement of subsection (a)(3) with respect to a physician if the following conditions are met or are waived voluntarily by the physician:

(1) The physician has been given notice stating:

(A) That a professional review action has been proposed to be taken against the physician and the reasons for the proposed action;

(B) That the physician has the right to request timely hearings on the proposed action, and any time limit of not less than thirty days within which to request such a hearing; and

(C) A summary of the hearing procedures as set forth in paragraph (3) of this subsection.

(2) If a hearing is requested on a timely basis under subsection (b)(1)(B), the physician involved must be given notice stating:

(A) The place, time, and date of the hearing, which date shall not be less than thirty days after the date of the notice; and

(B) A list of the witnesses, if any, expected to testify at the hearing on behalf of the professional review body.

(3) If a hearing is requested on a timely basis under subsection (b)(1)(B), the health care entity shall determine that the peer review hearing shall be held according to one of the following options, and the hearing shall be so held, subject to the provisions of subsection (b)(4), before:

(A) An arbitrator mutually acceptable to the physician and the health care entity; or

(B) A hearing officer who is appointed by the entity and who is not in direct economic competition with the physician involved; or

(C) A panel of individuals who are appointed by the entity and are not in direct economic competition with the physician involved.

(4) The right to the peer review hearing may be forfeited if the physician has failed, without good cause to appear.

(5) In any peer review hearing held under this chapter, the physician involved has the right to:

(A) Be represented by an attorney or other person of the physician's choice;

(B) Have a record made of the proceedings, copies of which may be obtained by the physician upon payment of any reasonable charges associated with their preparation;

(C) Call, examine, and cross-examine witnesses;

(D) Present evidence determined to be relevant by the hearing officer, arbitrator, or panel, regardless of its admissibility in a court of law; and

(E) Submit a written statement at the close of the hearing.

(6) Upon completion of any peer review hearing held under this chapter, the physician involved has the right to receive:

(A) The written recommendation of the arbitrator, officer, or panel, including a statement of the basis for the recommendations; and

(B) A written decision of the health care entity, including a statement of the basis for the decision.

A professional review body's failure to meet the conditions described in this subsection shall not, in itself, constitute failure to meet the standards of subsection (a)(3).

(c) For purposes of section 671D-10, nothing in this section shall be construed as:

(1) Requiring the procedures referred to in subsection (a)(3):

(A) Where there is no adverse professional review action taken;

(B) In the case of a suspension or restriction of clinical privileges, for a period of not longer than fourteen days, during which an investigation is being conducted to determine the need for a professional review action; or

(2) Precluding an immediate suspension or restriction of clinical privileges, subject to subsequent notice and hearing or other adequate procedures, where the failure to take such an action may result in an imminent danger to the health of any individual. [L 1989, c 354, pt of §3 and c 363, pt of §3]
Haw. Rev. Stat. § 660-16 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-16
Person held until writ issues, when.
Status: in_force

Whenever it appears by satisfactory proof, by affidavit or otherwise, to any court or judge authorized by law to issue writs of habeas corpus, that anyone is illegally held in custody, confinement, or restraint and that there is good reason to believe that the person will be carried out of the jurisdiction of the court or judge or will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced, the court or judge may cause a warrant to be issued, reciting the facts and directed to the sheriff or the sheriff's deputy, or the chief of police of the city and county of Honolulu or the chief's deputies, or to any police officer in any other county, commanding such officer to take such person thus held in custody, confinement, or restraint and forthwith bring the person before the court or judge, and hold the person there until a writ of habeas corpus can be duly issued and served, after which the party alleged to be illegally restrained, shall be deemed to be before the court designated to hear the return in obedience to the writ.
Haw. Rev. Stat. § 658A-8 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-8
Provisional remedies.
Status: in_force

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(b) After an arbitrator is appointed and is authorized and able to act:

(1) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b). [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 657-7 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-7
Damage to persons or property.
Status: in_force

Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13.
Haw. Rev. Stat. § 662-17 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-17
Benefits and obligations of parents of minor employees.
Status: in_force

All benefits and obligations conferred or imposed upon employees of the State by this chapter are conferred or imposed upon the parents or legal guardians of the employee when the employee is a minor.
Haw. Rev. Stat. § 672B-11 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-11
Subsequent litigation; excluded evidence.
Status: in_force

[(a)] The claimant may institute litigation based upon the claim in an appropriate court only after a party to a design claim conciliation panel hearing rejects the decision of the panel, or after the twelve-month period under section 672B‑15 has expired.

[(b)] No statement made in the course of the hearing of the design claim conciliation panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action; provided that the statements may be admissible for the purpose of section 672B-16. No decision, conclusion, finding, or recommendation of the design claim conciliation panel 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 design claim conciliation panel hearing, or the counsel or other representative of the party, refer or comment thereon in an opening statement, an argument, or at any other time, to the court or jury; provided that the decision, conclusion, finding, or recommendation may be admissible for the purpose of section 672B-16. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 671-11.5 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-11.5
Waiver of filing fee.
Status: in_force

(a) If any party to an inquiry cannot pay the required filing fee, the party may file with the director a motion to waive the filing fee. The motion to waive the filing fee shall be accompanied by an affidavit in a format prescribed by the department, showing in detail:

(1) The party's inability to pay the filing fee;

(2) The party's belief that the party is entitled to redress; and

(3) A statement of the issues that the party intends to present at proceedings before a medical inquiry and conciliation panel.

(b) The director shall decide on the motion to waive the filing fee as expeditiously as possible, and no oral arguments shall be permitted.

(c) If the director grants the motion to waive the filing fee, the party may proceed without further application to the director or panel, and without payment of the filing fee. If the motion is denied, the director shall state the reasons for the denial in writing. The director shall promptly provide the party with a filed copy of the director's order granting or denying the motion.

(d) If a motion to waive the filing fee is denied by the director, the party may seek judicial review under section 91-14.

(e) If the director denies a party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the denial of the motion, unless the party has filed an appeal under section 91-14. If the party has filed an appeal under section 91-14, the party may proceed without payment of the filing fee, until the time that a final judicial determination is rendered.

(f) If the party files an appeal under section 91-14, and the court upholds the director's denial of the aggrieved party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the court's affirmation of the denial. If the court determines that the party's motion for waiver of the filing fee was improperly denied, the party shall be entitled to proceed without payment of the filing fee. [L 1995, c 213, §1; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 658D-1 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-1
Short title.
Status: in_force

This chapter shall be known and may be cited as the Hawaii International Arbitration, Mediation, and Conciliation Act.

Revision Note

"Chapter" substituted for "act" pursuant to §23G-15.
Haw. Rev. Stat. § 663-17 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-17
Third-party practice; enforcement of right to contribution; unnamed defendants and third-party defendants.
Status: in_force

(a) A pleader may, as provided by the rules of court, bring in as a third-party defendant a person not a party to the action who is or may be liable to the pleader or to the person claiming against the pleader, for all or part of the claim asserted against the pleader in the action, whether or not liability for the claim is admitted by the pleader. A third-party defendant is bound by the adjudication of the third-party plaintiff's liability to the plaintiff as well as of the third-party defendant's own liability to the plaintiff or to the third-party plaintiff.

(b) A pleader may either:

(1) State as a cross-claim against a co-party any claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or

(2) Move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors, one of whom has discharged the judgment by payment or has paid more than the joint tortfeasor's pro rata share thereof.

If relief can be obtained as provided in this subsection, no independent action shall be maintained to enforce the claim for contribution.

(c) As among joint tortfeasors who in a single action are adjudged to be such, section 663-12(d) applies only if the issue of proportionate fault is litigated between them by pleading in that action.

(d) A pleader may name as parties to a lawsuit under fictitious names defendants or third-party defendants whose names or whose responsibility for the acts complained of the pleader has been unable to ascertain with reasonable certainty. The pleading shall set forth a description of any unidentified defendant or third-party defendant and all actions already undertaken in a diligent and good faith effort to ascertain the true identity or responsibility of any unidentified defendant or third-party defendant. The pleader may later make known to the court the identity of a defendant or third-party defendant named as a party to the lawsuit under a fictitious name. For the purposes of statutes of limitation, later identified defendants or third-party defendants shall be considered to have been named as parties to the lawsuit on the date the pleading was filed first naming them under fictitious names. Parties shall exercise reasonable diligence in ascertaining the identity or responsibility of unnamed defendants or third-party defendants. The court may make any order that justice requires to protect any party from undue burden and expense or substantial prejudice in any further proceedings involving the later identified defendants or third-party defendants. [L 1941, c 24, §7; RL 1945, §10493; RL 1955, §246-16; HRS §663-17; am L 1972, c 144, §2(h); gen ch 1985; am L 1999, c 237, § 2; am L 2016, c 55, §47]

Revision Note

In subsection (c), "the last paragraph of section 663-12" changed to "section 663-12(d)" pursuant to §23G-15.
Haw. Rev. Stat. § 658D-4 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-4
Scope.
Status: in_force

(a) This chapter shall apply only to the arbitration, mediation, or conciliation of disputes between:

(1) Two or more persons at least one of whom is a nonresident of the United States; or

(2) Two or more persons all of whom are residents of the United States if the dispute:

(A) Involves property located outside the United States;

(B) Relates to a contract which envisages enforcement or performance in whole or in part outside the United States; or

(C) Bears some other relation to one or more foreign countries.

(b) Notwithstanding subsection (a), this chapter shall not apply to the arbitration, mediation, or conciliation of:

(1) Any dispute pertaining to the ownership, use, development, or possession of, or a lien of record upon, real property located in this State, unless the parties in writing expressly submit the resolution of that dispute to this chapter; or

(2) Any dispute involving domestic (family) relations.

(c) If in any arbitration within the scope of this chapter reference must, under applicable conflict of laws principles, be made to the arbitration law of this State, such reference shall be to this chapter.

(d) This chapter shall apply to any arbitration within the scope of this chapter, without regard to whether the place of arbitration is within or without this State:

(1) If the written undertaking to arbitrate expressly provides that the law of this State shall apply;

(2) In the absence of a choice of law provision applicable to the written undertaking to arbitrate, if that undertaking forms part of a contract the interpretation of which is to be governed by the laws of this State; or

(3) In any other case, if any arbitral tribunal or other panel established pursuant to section 658D-7 decides under applicable conflict of laws principles that the arbitration shall be conducted in accordance with the laws of this State. [L 1988, c 186, pt of §1; am L 2016, c 55, §37]
Haw. Rev. Stat. § 658G-20 — HI Code / Division 4 / Title 36 / Chapter 658G / Section 658G-20
A uthority of tribunal in case of noncompliance.
Status: in_force

(a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

(1) Signed a record indicating an intention to enter into a collaborative law participation agreement; and

(2) Reasonably believed they were participating in a collaborative law process.

(b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:

(1) E nforce an agreement evidenced by a record resulting from the process in which the parties participated;

(2) Apply the disqualification provisions of sections 658G‑5, 658G-6, 658G-9, 658G-10, and 658G-11; and

(3) Apply the privilege under section 658G-17 . [L 2012, c 207, pt of §1]
Haw. Rev. Stat. § 663-1.57 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.57
Owner to felon; limited liability.
Status: in_force

(a) An owner, including but not limited to a public entity, of any estate or any other interest in real property, whether possessory or nonpossessory, or any agent of the owner lawfully on the premises by consent of the owner, shall not be liable to any perpetrator engaged in any of the felonies set forth in subsection (b) for any injury or death to the perpetrator that occurs upon that property during the course of or after the commission of such felony, or when a reasonable person would believe that commission of a felony as set forth in subsection (b) is imminent; provided that if the perpetrator is injured, the perpetrator is charged with the criminal offense and convicted of the criminal offense or of a lesser included felony or misdemeanor.

(b) This section applies to the following felonies:

(1) Murder in the first or second degree;

(2) Attempted murder in the first or second degree;

(3) Any class A felony as provided in the Hawaii Penal Code, including any attempt or conspiracy to commit a crime classified as a class A felony;

(4) Any class B felony involving violence or physical harm as provided in the Hawaii Penal Code;

(5) Any felony punishable by imprisonment for life;

(6) Any other felony in which the person inflicts serious bodily injury on another person; and

(7) Any felony in which the person personally used a firearm or a dangerous or deadly weapon.

(c) The limitation on liability under this section arises:

(1) At the moment the perpetrator commences the felony to which this section applies; or

(2) At the moment the owner or agent of the owner lawfully on the premises by consent of the owner believes that a commission of a felony under subsection (b) is imminent;

and extends to the moment the perpetrator is no longer upon the property.

(d) The limitation on liability under this section applies only when the perpetrator's conduct in furtherance of the commission of a felony specified in subsection (b) proximately or legally causes the injury or death.

(e) This section does not limit the liability of an owner that otherwise exists for:

(1) Wilful, wanton, or criminal conduct; or

(2) Wilful or malicious failure to guard or warn against a dangerous condition, use, or structure; or

(3) Injury or death caused to individuals other than the perpetrator of the felony.

(f) Except with regard to [subsections] (e)(1) and (e)(3), the limitation of liability under this section shall not be affected by the failure of the owner to warn the perpetrator of the felony that the owner is armed and ready to cause bodily harm or death.

(g) For purposes of this section, "owner" means the owner, the occupant, tenant, or anyone authorized to be on the property by the owner or the occupant, including a guest or a family or household member, employee, or agent of the owner lawfully on the premises.

(h) The limitation on liability provided by this section shall be in addition to any other available defense. [L 2010, c 97, §1]
Haw. Rev. Stat. § 664-26 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-26
Government lands.
Status: in_force

This part shall not be so construed as to allow any person owning or otherwise interested in land adjoining government land to compel the government to join in the cost of erecting or maintaining a fence on the boundary line between such lands. However, the government or any lessee or occupant of government land, with the consent of the governor, shall have the same right accorded to others to compel action according to this part by any person owning, leasing, or occupying land adjoining government land, or by any lessee or occupant of adjoining government land, and every lessee or occupant of government land shall be subject to the duties and obligations of other lessees and occupants as provided by this part.
Haw. Rev. Stat. § 657D-42 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-42
Rights to public lands not forfeited; grazing lands.
Status: in_force

(a) No right to any lands owned or controlled by the State, initiated or acquired under any laws of the State, including the mining and mineral leasing laws, by a person prior to entering military service shall during the period of that service be forfeited or prejudiced by reason of the person's absence from the land or the person's failure to perform any work or make any improvements thereon or the person's failure to do any other act required by or under those laws.

(b) This section does not control specific requirements contained in this part. [L 1994, c 257, pt of §2; am L 2019, c 77, §9]
Haw. Rev. Stat. § 673-3 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-3
Exhaustion of administrative remedies.
Status: in_force

Before an action may be filed in circuit court under this chapter, the party filing suit shall have exhausted all administrative remedies available, and shall have given not less than sixty days written notice prior to filing of the suit that unless appropriate remedial action is taken suit shall be filed. All executive branch departments shall adopt in accordance with chapter 91, such rules as may be necessary to specify the procedures for exhausting any remedies available.
Haw. Rev. Stat. § 666-5 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-5
Acceptance of rent during litigation, effect of.
Status: in_force

When any legal proceedings are brought by a landlord to evict a tenant, whether by summary possession proceedings or an action in the nature of an action of ejectment or otherwise, the acceptance of rent by the landlord during the litigation shall not be construed as a recognition of the tenancy and shall be without prejudice to the landlord's legal rights at the inception of the proceedings.

In the event the eviction proceedings of whatever nature are successful any rent so paid shall be construed as damages for withholding the occupancy of the premises involved from the landlord. [L 1945, c 251, §1; RL 1955, §240-5; HRS §666-5; am L 1972, c 90, §8(b); gen ch 1985]
Haw. Rev. Stat. § 673-2 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-2
Right to sue.
Status: in_force

(a) Native Hawaiians as defined in section [201(a)] of the Hawaiian Homes Commission Act, native Hawaiian organizations, the office of Hawaiian affairs, and Hawaiians defined as any person who is qualified to succeed to a homestead lease under section 209 of the Hawaiian Homes Commission Act 1920, as amended, shall have the right to bring an action in the circuit courts of the State to resolve controversies relating to the Hawaiian home lands trust described in section 673-1(a)(1).

(b) The office of Hawaiian affairs, native Hawaiians as defined in section 10-2, and native Hawaiian organizations shall have the right to bring an action in the circuit courts of the State to resolve controversies relating to the native Hawaiian public trust described in section 673-1(a)(2).

(c) "Native Hawaiian organizations" as used in this chapter means a native Hawaiian homestead organization, or an unincorporated association, or corporation which is duly organized and thereby able to sue and be sued under the laws of this State and whose purpose is to protect and uphold the Hawaiian Homes Commission Act and the Admission Act section 5(f) relating to a public trust for the betterment of the conditions of native Hawaiians, or the social and economic self-sufficiency of native Hawaiians, and which organized body is controlled by native Hawaiians and a majority of its members receives or can receive benefits from the trust. [L 1988, c 395, pt of §2]
Haw. Rev. Stat. § 661-24 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-24
Statute of limitations.
Status: in_force

An action for false claims to the State pursuant to this part shall be brought within six years after the false claim is discovered or by exercise of reasonable diligence should have been discovered and, in any event, no more than ten years after the date on which the violation of section 661-21 is committed.
Haw. Rev. Stat. § 667-31 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-31
Conveyance of property on payment of purchase price; distribution of sale proceeds.
Status: in_force

(a) After the purchaser completes the purchase by paying the full purchase price and the costs for the purchase, the mortgaged property shall be conveyed to the purchaser by a conveyance document. The conveyance document shall be in a recordable form and shall be signed by the foreclosing mortgagee in the foreclosing mortgagee's name. The mortgagor or borrower shall not be required to sign the conveyance document.

(b) From the sale proceeds, after paying all liens and encumbrances in the order of priority as a matter of law, after paying the foreclosing mortgagee's attorney's fees and costs, after paying the fees and costs of the power of sale foreclosure, and after paying the moneys owed to the foreclosing mortgagee, the balance of the sale proceeds shall be distributed by the foreclosing mortgagee to junior creditors having valid liens on the mortgaged property in the order of their priority and not pro rata. Any remaining surplus after payment in full of all valid lien creditors shall be distributed to the mortgagor.

(c) Lien creditors prior to the foreclosing mortgagee shall not be forced to their right of recovery. However, the foreclosing mortgagee and any prior lien creditor may agree in writing that the proceeds from the sale will be distributed by the foreclosing mortgagee to the prior lien creditor towards the payment of moneys owed to the prior lien creditor before any moneys are paid to the foreclosing mortgagee. [L 1998, c 122, pt of §1; am L 2011, c 48, § 29]
Haw. Rev. Stat. § 651-8 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-8
Amount levied on.
Status: in_force

The police officer shall attach a sufficient amount of the property of the defendant if a sufficient amount of property not exempt from execution can be found, giving preference to property to which the defendant has an unquestionable title over any property to which the defendant's title is doubtful. The police officer, as nearly as the circumstances of the case will permit, shall levy upon property twenty per cent greater in value than the amount that the plaintiff in the plaintiff's affidavit claims to be due. When property is seized on attachment, the court may allow reasonable and just compensation to the officer having charge of the property for the officer's trouble and expenses in keeping the property.
Haw. Rev. Stat. § 658D-8 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-8
Arbitral tribunal or panel; powers.
Status: in_force

The arbitral tribunal or panel established pursuant to section 658D-7 of this chapter, or a majority of them, may summon in writing any person to attend before it or any of them as a witness and in a proper case to bring certain described books, papers, records, and documents. The fees for attendance shall be the same as the fees of witnesses before the circuit courts of this State. The summons shall issue in the name of the arbitral tribunal or panel and be signed by a majority of them, shall be directed to such person, and shall be served in the same manner as subpoenas to testify before a court of record. If any person so summoned to testify refuses or neglects to obey the summons, upon petition the circuit court may compel the attendance of such person before the arbitral tribunal or panel, or punish such person for contempt in the same manner now provided for the attendance of witnesses or the punishment of them in the circuit court.

Revision Note

In the first sentence, commas added after "chapter" and "records" pursuant to §23G-15.
Haw. Rev. Stat. § 667-92 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-92
Notice of default and intention to foreclose; contents; distribution; alternative remedies for failure to serve.
Status: in_force

(a) When a unit owner has failed to pay an assessment, and when the association intends to conduct a power of sale foreclosure under this part, the association shall prepare a written notice of default and intention to foreclose addressed to the unit owner. The notice of default and intention to foreclose shall state:

(1) The name and address of the association;

(2) The name and last known address of the unit owners;

(3) With respect to the unit, t he address or a description of its location , tax map key number , and certificate of title or transfer certificate of title number if registered in the land court;

(4) The description of the default or, if the default is a monetary default, an itemization of the delinquent amount;

(5) The action required to cure the default , including the delinquent amount and the estimated amount of the association's attorney's fees and costs , and all other fees and costs related to the default estimated to be incurred by the association by the deadline date;

(6) The date by which the default must be cured, which shall be within sixty days after service of the notice of default and intention to foreclose;

(7) A statement that if the default is not cured by the deadline date stated in the notice of default and intention to foreclose, the entire unpaid balance of the moneys owed to the association will become due, that the association intends to conduct a power of sale foreclosure to sell the unit at a public sale without any court action and without going to court, and that the association or any other person may acquire the unit at the public sale;

(8) A statement that if the default is not cured by the deadline date stated in the notice of default and intention to foreclose, the association may publish the public notice of the public sale in a newspaper of general circulation or on a state website, pursuant to section 667-96(d);

( 9 ) The name, address, electronic address, and telephone number of the attorney who is representing the association; provided that the attorney shall be licensed to practice law in the State and physically located in the State; and

( 10 ) Notice of the right of the unit owner to submit a payment plan within thirty days pursuant to subsection (c).

(b) The notice of default and intention to foreclose shall also contain wording substantially similar to the following in all capital letters and printed in not less than fourteen-point font:

"IF THE DEFAULT ON THE PAYMENT OF ASSESSMENTS CONTINUES AFTER THE DEADLINE DATE IN THIS NOTICE, THE UNIT MAY BE FORECLOSED AND SOLD WITHOUT ANY COURT ACTION AND WITHOUT GOING TO COURT.

YOU MAY HAVE CERTAIN LEGAL RIGHTS OR DEFENSES. FOR ADVICE, YOU SHOULD CONSULT WITH AN ATTORNEY LICENSED IN THIS STATE.

ALL FUTURE NOTICES AND CORRESPONDENCE WILL BE MAILED TO YOU AT THE ADDRESS AT WHICH YOU RECEIVED THIS NOTICE UNLESS YOU SEND WRITTEN INSTRUCTIONS TO THIS OFFICE INFORMING THIS OFFICE OF A DIFFERENT ADDRESS. THE WRITTEN INSTRUCTIONS MUST BE SENT TO THIS OFFICE BY CERTIFIED MAIL, REGISTERED MAIL, OR EXPRESS MAIL, POSTAGE PREPAID AND RETURN RECEIPT REQUESTED."

(c) A unit owner may submit a payment plan within thirty days after service of a notice of default and intention to foreclose on the unit owner. The unit owner shall submit the payment plan to the association or its attorney by certified mail return receipt requested or by hand delivery. The association shall not reject a reasonable payment plan. A unit owner may also cure the default within sixty days after service of a notice of default and intention to foreclose on the unit owner by paying the association the full amount of the default, including the foreclosing association's attorneys' fees and costs, and all other fees and costs related to the default that are incurred or estimated to be incurred by the foreclosing association. From and after the date that the unit owner gives written notice to the association of the unit owner's intent to cure the default or timely submits a payment plan, any nonjudicial foreclosure of the lien shall be stayed during the sixty-day period to cure the default or during the term of the payment plan or a longer period that is agreed upon by the parties. A unit owner's failure to strictly perform any agreed-upon payment plan shall entitle the association to pursue its remedies without further delay.

For purposes of this section, "reasonable payment plan" means a plan that provides for:

(1) Timely payment of all assessments that become due after the date that the payment plan is proposed; and

(2) Additional monthly payments of an amount sufficient to cure the default, within a reasonable period under the circumstances as determined by the board of directors in its discretion; provided that a period of up to twelve months shall be deemed reasonable ; and provided further that the board of directors shall have the discretion to agree to a payment plan in excess of twelve months.

(d) The notice of default and intention to foreclose shall also include contact information for approved housing counselors and approved budget and credit counselors.

(e) The association shall have the notice of default and intention to foreclose served on:

(1) The unit owner;

(2) Any prior or junior creditors who have a recorded lien on the unit before the recordation of the notice of default and intention to foreclose under section 667-93;

(3) The state director of taxation;

(4) The director of finance of the county where the unit is located; and

(5) Any other person entitled to receive notice under section 667-5.5 .

(f) If the association is unable to serve the notice of default and intention to foreclose on the unit owner or any other party listed in subsection (e)(2) to (5) within sixty days, the association may:

(1) File a special proceeding in the circuit court of the circuit in which the unit is located, for permission to proceed with a nonjudicial foreclosure by serving the unit owner or any other party listed in subsection (e)(2) and (e)(5) by publication and posting;

(2) Proceed with a nonjudicial foreclosure of the unit; provided that if the association proceeds without the permission of the court, the association shall not be entitled to obtain a deficiency judgment against the unit owner, and the unit owner shall have one year from the date the association records the deed in the nonjudicial foreclosure to redeem the unit by paying the unit owner's delinquency to the association; or

(3) Take control of the unit if the unit is unoccupied, after giving notice to the unit owner at the unit owner's last known address as shown on the records of the association or as determined by the association as part of its due diligence to serve notice to the owner. The association's authority to take control of the unit pursuant to this paragraph shall be exercised solely for the purpose of renting the unit to generate rental income to pay the unit owner's delinquency, and the association shall acquire no legal title to the unit. In addition, the association shall credit the net rental proceeds generated from the rental of the unit to the owner's delinquency. For purposes of this paragraph, "net rental proceeds" means the rental proceeds remaining each month after deducting:

(A) The unit's regular monthly assessments that come due while the association controls the unit pursuant to this subsection;

(B) Any rental agent commissions; and

(C) Expenses incurred by the association in maintaining the unit in rentable condition.

If the unit owner pays the full amount of the unit owner's delinquency to the association, the association shall return control of the unit to the unit owner; provided that the full amount of the unit owner's delinquency shall be calculated by deducting the total net rental proceeds collected by the association, if any, from the unit owner's delinquency. [L 2012, c 182, pt of §3(2) ; am L 2014, c 4, §1 ]
Haw. Rev. Stat. § 663-10.7 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-10.7
[ §663-10.
Status: in_force

[ §663-10.7] Exemption for providing emergency access to land, shelter, and subsistence during a disaster. (a) Any owner of private property who in good faith provides emergency access to land, shelter, or subsistence, including food and water, to a person during a disaster without remuneration or expectation of remuneration, shall be exempt from civil liability for any injury or damage suffered by the person that resulted from the owner providing such emergency access to land, shelter, or subsistence, unless the injury or damage was caused by the gross negligence or intentional or wanton acts or omissions of the owner.

(b) For the purposes of this section:

"Disaster" means a nonroutine event that exceeds the capacity of persons in the affected area to respond to it in such a way as to save lives, preserve property, or to maintain the social, ecological, economic, or political stability of the affected area.

"Emergency" means a situation in which the life or health of a person is in jeopardy due to a disaster requiring immediate assistance.

"Owner" means the possessor of a fee interest, or a tenant, lessee, occupant, person, group, club, partnership, family, organization, entity, or corporation that has control, possession, or use of the land, and its members, agents, partners, representatives, shareholders, and employees. [L 2012, c 291, §1]
Haw. Rev. Stat. § 663E-5 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-5
Illegal drug market target community.
Status: in_force

A person who participates in the illegal drug market at a level one, two, three, or four offense shall be considered to have participated in the following illegal drug market target communities:

(1) For a level one offense, the area identified by the tax map section in which the defendant’s place of participation is situated;

(2) For a level two offense, the area identified by the tax map zone in which the defendant’s place of participation is situated;

(3) For a level three offense, the county; provided that in the case of Maui and Kauai counties, the target community shall be any island in the respective county; and

(4) For a level four offense, the entire State. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 671-12 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-12
Review by panel required; notice; presentation of inquiry; request for a more definite statement of the inquiry.
Status: in_force

(a) Any person or the person's representative having concerns regarding the existence of a medical tort shall submit an inquiry to the medical inquiry and conciliation panel before a suit based on the circumstances of the inquiry may be commenced in any court of this State. Inquiries shall be submitted to the medical inquiry and conciliation panel in writing and shall include the facts upon which the inquiry is based and the names of all parties against whom the inquiry is or may be made who are then known to the person or the person's representative.

(b) Within five business days after receipt of an inquiry the panel shall give notice of the inquiry and the statement of the inquiry, by certified mail, to all health care providers and others who are or may be parties to the inquiry and shall furnish copies of written inquiries to those persons. The notice shall set forth a date, not more than twenty days after the mailing of the notice, within which any health care provider against whom an inquiry is made shall file a written response and a date and time, not less than five days following the last date for filing a response, for a proceeding upon the inquiry by the panel and the parties. The notice shall describe the nature and purpose of the panel's proceedings and shall designate the place of the meeting. The times originally set forth in the notice may be enlarged by the chairperson, on due notice to all parties, for good cause.

(c) If the statement of the inquiry in the notice is so vague or ambiguous that any party receiving notice of the inquiry cannot reasonably be required to frame a written response, the party may submit a written request to the director of commerce and consumer affairs for a more definite statement before filing the written response. Copies of the request shall be provided to the panel and all affected parties. The request, which shall be ex parte and stay the proceedings of the panel until notice of the director's decision is given to the panel and all parties, shall specify the defects complained of and the details desired. The director may deny, grant, or modify the request at the director's own discretion, without the necessity of a hearing, although the director may reach a decision after consulting with the panel or any party or parties. The director shall provide notice of the decision to the panel and all affected parties. If the request is granted and any party so directed fails to provide a more definite statement of the inquiry within five days after notice of the decision, the panel may make an order as it deems just. This subsection shall not be used as a tactic to delay the proceedings. [L 1976, c 219, pt of §2; gen ch 1985; am L 1989, c 245, §1; am L 1993, c 96, §1; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 664-5 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-5
No patent on award until boundaries settled.
Status: in_force

The department of land and natural resources is forbidden to issue any patent in confirmation of an award by name, made by the commissioners to quiet land titles, without the boundaries being defined in such patent, according to the decision of a commissioner of boundaries, or the intermediate appellate court, or the supreme court on appeal.
Haw. Rev. Stat. § 663-1.53 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.53
Liability for operation of a family child care home.
Status: in_force

(a) Where a family child care home is authorized and established in compliance with this section, the association shall not be liable for any claims or causes of action for any injury to a child that is subject to the care of the family child care home, or to any of the child's relatives, guardians, or caretakers, that occur within the family child care home or on the common elements of the condominium project, planned community, or townhouse project in which the family child care home is located.

(b) This section shall not apply to an association that:

(1) Allows the operation of a family child care home that is:

(A) Not operated by an owner-occupant;

(B) Above the fourth floor; or

(C) Not established in compliance with the Equal Opportunity for Individuals with Disabilities Act, (Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., as amended); or

(2) Allows more than three per cent of the total number of apartments subject to the association to be used as a family child care home.

(c) As used in this section:

"Apartment" has the same meaning as set forth in section 502C-1;

"Association" has the same meaning as set forth in section 502C-1;

"Common elements" has the same meaning as set forth in section 502C-1;

"Condominium" has the same meaning as set forth in section 502C-1;

"Family child care home" has the same meaning as set forth in section 502C-1;

"Planned community" has the same meaning as set forth in section 502C-1; and

"Townhouse" has the same meaning as set forth in section 502C-1. [L 1999, c 242, §§2, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1]
Haw. Rev. Stat. § 673-7 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-7
Limited remedy.
Status: in_force

This chapter shall not be construed to limit or enlarge the scope of rights available under any other claims, proceedings or other actions against the State, its officers and employees, arising under chapter 662 or other provisions of law.
Haw. Rev. Stat. § 668-10 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-10
Allotments for shares under unproved ownership.
Status: in_force

In any case where the legal title of a claimant to any particular share or interest has not been shown to the satisfaction of the court but the claimant has color of title thereto and the claim is not controverted, the court may in the general partition allot and set apart, for the benefit and account of the legal owner or owners of the share when ascertained, such a portion or portions of the property as the legal owner or owners of the share would be entitled to receive, to be finally disposed of as hereinafter provided; or similarly, the court may set aside a corresponding portion of the proceeds of any sale thereof, for like disposition thereafter. In either case the court may then proceed with partition of the remainder as herein otherwise provided.
Haw. Rev. Stat. § 651-64 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-64
Seizure of exempt property.
Status: in_force

[(a)] Any defendant who claims that exempt property has been levied upon or seized may, with or without the giving of bond, apply to the court which issued the process for the release and return of the property. Upon the giving of bond in such sum and with such sureties as may be approved by the court, payable to the plaintiff in the attachment or execution and conditioned to have the property forthcoming to abide the court's determination of whether such property is exempt or for its value, and for the payment of costs, the court may order the property released and returned to the defendant forthwith. In such case the officer shall deliver the property to the defendant, and return the attachment or execution to the court whence it issued.

[(b)] If it shall be found that the property is liable to attachment or execution, the same not being exempt, the plaintiff shall have judgment against the defendant and the defendant's sureties on the bond for the value of the property and the costs of the proceeding including an attorney's fee, or for such costs and the reinstitution of the levy as of the date it was made, as the court shall order. But if it is found that the property is exempt, the defendant shall recover the defendant's property, damages, and costs including an attorney's fee to be fixed by the court. [L 1901, c 9, §14; RL 1925, §2458; RL 1935, §4159; RL 1945, §10186; RL 1955, §233-63; HRS §651-64; am L 1978, c 46, §3; gen ch 1985]
Haw. Rev. Stat. § 671-17 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-17
Immunity of panel members from liability.
Status: in_force

No member of a medical inquiry and conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a medical inquiry and conciliation panel proceeding for any action taken or any decision, conclusion, finding, or recommendation made by the member while acting within the member's capacity as a member of a medical inquiry and conciliation panel under this part.
Haw. Rev. Stat. § 657D-35 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-35
Rights and privileges of insured during period of protection.
Status: in_force

No dividend or other monetary benefit under a policy shall be paid to an insured or used to purchase dividend additions while a policy is covered by this part except with the approval of the insurance commissioner. Without this approval, those dividends or benefits shall be added to the value of the policy to be used as a credit when final settlement is made with the insurer. No cash value, loan value, withdrawal of dividend accumulation, unearned premium, or other value of similar character shall be available to the insured while the policy is covered under this part except upon approval by the insurance commissioner. The insured's right to change a beneficiary designation or select an optional settlement for a beneficiary shall not be affected by this part.
Haw. Rev. Stat. § 660-19 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-19
Signature, oath, evidence.
Status: in_force

The return shall be signed by the person making it, and sworn to by the person, unless the person is a sworn public officer making the return in the person's official capacity. The return shall be evidence in the case, but not conclusive.
Haw. Rev. Stat. § 663J-1 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-1
Title.
Status: in_force

This chapter may be cited as the Sex Trafficking and Sexual Exploitation Coercion Liability Act.