Haw. Rev. Stat. § 663-9.5 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-9.5
Liability of firearm owners.
Status: in_force

(a) If a firearm discharges and the discharge of the firearm proximately causes either personal injury or property damage to any person, the owner of the firearm shall be absolutely liable for the damage.

(b) It shall be an affirmative defense to the absolute liability that the firearm was not in the possession of the owner.

(c) It shall be an affirmative defense to the absolute liability that:

(1) The firearm was taken from the owner's possession without the owner's permission; and

(2) The owner either:

(A) Reported the theft to the police prior to the discharge; or

(B) Despite the exercise of reasonable care:

(i) Had not discovered the theft prior to the discharge; or

(ii) Was not reasonably able to report the theft to the police prior to the discharge.

(d) This section shall not apply when the discharge of the firearm was legally justified.

(e) The absolute liability under subsection (a) shall not apply to the State or counties for the use of a firearm owned by the State or county, as applicable, and used by a law enforcement officer employed by the State or county, outside of the course and scope of employment as a law enforcement officer; provided that this section shall not be construed to relieve the State and counties from any other tort liability that may be applicable to the State or counties.

(f) The absolute liability under subsection (a) shall not apply to National Rifle Association certified firearms instructors during the course of providing firearms training or safety courses or classes at a firing range to persons seeking to acquire a permit for the acquisition of a pistol or revolver in accordance with section 134-2(g)(4); provided that this section shall not be construed to relieve a National Rifle Association certified firearms instructor from any other tort liability that may be applicable. [L 1994, c 204, §1; am L 2008, c 129, §1; am L 2012, c 301, §1]
Haw. Rev. Stat. § 657-1.5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-1.5
Limitation of actions not applicable to State.
Status: in_force

No limitation of actions provided for under this or any other chapter shall apply to bar the institution or maintenance of any action by or on behalf of the State and its agencies, unless the State is specifically designated in such a statute as subject to the limitation period contained therein. No defense to any action brought by the State or any of its agencies shall be predicated upon the lapse of time.
Haw. Rev. Stat. § 674-5 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-5
Panel staff; power to contract.
Status: in_force

(a) Supervisory, administrative, investigatory, hearings, and clerical personnel necessary for the efficient functioning of the panel shall be appointed by the panel and the director of commerce and consumer affairs on a temporary exempt basis. There shall be a special assistant to the chairperson of the Hawaiian homes commission, to be hired by the commission, for the purposes of this chapter.

(b) Upon application by a claimant, the panel, under appropriate circumstances and in accordance with section 28-8.3, may provide for legal services to assist a claimant in the preparation and presentation of a claim for review by the panel under this chapter.

(c) The panel shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter. [L 1991, c 323, pt of §1; am L 1993, c 351, §3; am L Sp 1993, c 8, §53; am L 2015, c 35, §39]
Haw. Rev. Stat. § 657-21.5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-21.5
Extension by sentencing of criminal defendant.
Status: in_force

Notwithstanding any law to the contrary, for any victim of a particular crime, for surviving immediate family members of a victim, or for the estate of a victim, the statute of limitations for any civil cause of action against a person convicted of that crime shall be tolled from the moment the civil cause of action arises until the person convicted of that crime is released from imprisonment, released from parole, or released from probation and is no longer under the jurisdiction of the court for that crime, if:

(1) The crime upon which the civil action is based is a felony; or

(2) The victim of the crime upon which the civil action is based is the victim of a "sexually violent offense" or a "criminal offense against a victim who is a minor", as defined by section 846E-1. [L 2002, c 201, §1]
Haw. Rev. Stat. § 657-4 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-4
Two years; libel and slander.
Status: in_force

All actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after. [CC 1859, §1037; am imp L 1907, c 113, §1; am L 1913, c 19, §1; RL 1925, §2642; RL 1935, §3913; RL 1945, §10424; RL 1955, §241-4; am L 1965, c 139, §2; HRS §657-4]
Haw. Rev. Stat. § 658A-3 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-3
When chapter applies.
Status: in_force

(a) Except as provided in subsection (c), this chapter governs an agreement to arbitrate made on or after July 1, 2002.

(b) This chapter governs an agreement to arbitrate made before July 1, 2002, if all the parties to the agreement or to the arbitration proceeding so agree in a record. If the parties to the agreement or to the arbitration do not so agree in a record, an agreement to arbitrate that is made before July 1, 2002, shall be governed by the law specified in the agreement to arbitrate or, if none is specified, by the state law in effect on the date when the arbitration began or on June 30, 2002, whichever first occurred.

(c) After June 30, 2004, this chapter governs an agreement to arbitrate whenever made. [L 2001, c 265, pt of §1; am L 2002, c 50, §1]

Revision Note

"July 1, 2002" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 663-8 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-8
Damages, future earnings.
Status: in_force

Together with other damages which may be recovered by law, the legal representative of the deceased person may recover where applicable under section 663-7 the future earnings of the decedent in excess of the probable cost of the decedent's own maintenance and the provision the decedent would have made for the decedent's actual or probable family and dependents during the period of time the decedent would have likely lived but for the accident.
Haw. Rev. Stat. § 663 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663
‑10.
Status: in_force

§663‑10.95 Motorsports facilities; waiver of liability. (a) Any waiver and release, waiver of liability, or indemnity agreement in favor of an owner, lessor, lessee, operator, or promoter of a motorsports facility, which releases or waives any claim by a participant or anyone claiming on behalf of the participant which is signed by the participant in any motorsports or sports event involving motorsports in the State, shall be valid and enforceable against any negligence claim for personal injury of the participant or anyone claiming on behalf of and for the participant against the motorsports facility, or the owner, operator, or promoter of a motorsports facility. The waiver and release shall be valid notwithstanding any claim that the participant did not read, understand, or comprehend the waiver and release, waiver of liability, or indemnity agreement if the waiver or release is signed by both the participant and a witness. A waiver and release, waiver of liability, or indemnity agreement executed pursuant to this section shall not be enforceable against the rights of any minor, unless executed in writing by a parent or legal guardian.

(b) The execution of a waiver and release, waiver of liability, or indemnity agreement shall create a presumption that the person signing the document read and understood the document.

(c) A waiver and release, waiver of liability, or indemnity agreement executed under this section shall be construed as an express assumption of risk on the part of the party executing such a waiver and release, waiver of liability, or indemnity agreement.

(d) This section shall not apply to acts or omissions constituting gross negligence, wilful and wanton conduct, or intentional acts on the part of another participant or employees or agents of the motorsports facility.

(e) The provisions of this section shall not apply to any motorsports facility unless the facility has a general liability policy of no less than $1,000,000 for spectators and no less than $500,000 for participants, per claim, indemnifying participants and spectators for the negligence of the facility, its employees or agents.

(f) Without regard to whether a waiver and release, waiver of liability, or indemnity agreement has been executed pursuant to subsection (a) and without regard to subsection (e), no public entity or public employee shall be liable to a participant, for injury or damage sustained during the person's use of a motorsports facility, except when the injury or damage is caused by a condition resulting from the public entity's failure to design, maintain, or repair the motorsports facility. This limitation of liability for public entities and employees applies only to the provision of motorsports facilities and shall not extend to other activities, including but not limited to police and security, ambulance and medical, fire, food concessions, and other non-motorsports activities or functions.[§663‑10.99]Trespass; limited liability of agricultural land owner. (a) An owner of agricultural land shall not be liable for any injury, death, loss, or damage suffered by a trespasser on the owner's agricultural land, unless the injury, death, loss, or damage was:

(1) Intentionally inflicted upon the trespasser by the owner of the land; or

(2) Caused by the gross negligence of the owner of the land.

(b) For purposes of this section, unless the context otherwise requires:

"Agricultural land" means any land in excess of four acres used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land.

"Fallow" means land associated with agricultural production that is left unseeded or unplanted for one or more growing seasons.

"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person, group, club, partnership, family, organization, entity, or corporation that is in control, possession, or use of the land, and their members, agents, partners, representatives, shareholders, and employees.

"Trespasser" means a person who enters or remains unlawfully on the agricultural land without the permission of the owner, and the lands:

(1) Are fenced, enclosed, secured in a manner designed to exclude the general public, or marked by a structure or barrier, including a cattle grid, cattle grate, or other obstacle used to secure livestock;

(2) Have a sign or signs displayed on the land that are sufficient to give reasonable notice and that read as follows: "No Trespassing" or a substantially similar message; provided that the sign or signs shall consist of letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

(3) At the time of entry, are fallow or have a visible presence or evidence of livestock-raising, such as cattle, horses, water troughs, shelters, or paddocks, or a crop:

(A) Under cultivation;

(B) In the process of being harvested; or

(C) That has been harvested. [L 2011, c 208, §3]g from the public entity's failure to design, maintain, or repair the motorsports facility. This limitation of liability for public entities and employees applies only to the provision of motorsports facilities and shall not extend to other activities, including but not limited to police and security, ambulance and medical, fire, food concessions, and other non-motorsports activities or functions.

(g) For the purposes of this section:

"Motorsports facility" means land, building, structure, or area designed or modified for motorsports activities, including the track and surrounding area wherein a motorsports or other event involving motor vehicles is held and which is clearly demarcated as a restricted area to spectators. "Motorsports facility" shall not include the areas intended for use by spectators or nonparticipants.

"Owner" means a person or entity that owns or holds fee simple title to, or a leasehold interest in, a motorsports facility or any portion of a motorsports facility, and shall include without limitation, a fee owner or lessor of the underlying land, a lessee, or sublessee, or a sublessor or master lessor, of a motorsports facility or a portion thereof.

"Participant" means a person who is participating in a motorsports event at a motorsports facility, including practices or trials, as a rider, passenger or driver, official, or owner of a vehicle or equipment used in a motorsports event, or anyone assisting any of the foregoing, or a person entering an area of the motorsports facility restricted to participants. [L 1997, c 245, §1; am L 2006, c 111, §1]
Haw. Rev. Stat. § 666-6 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-6
Summary possession proceedings; venue.
Status: in_force

In the case of summary possession proceedings, the person entitled to the possession of the premises shall bring and prosecute the person's action in the district court of the circuit wherein the lands and premises in question are situated. [CC 1859, §940; am L 1905, c 95, §1; RL 1925, §2779; RL 1935, §4014; RL 1945, §10405; RL 1955, §240-6; HRS §666-6; am L 1972, c 90, §8(c); gen ch 1985]
Haw. Rev. Stat. § 657-36 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-36
Same.
Status: in_force

If, when the right of action first accrues, the person entitled thereto is under any of the disabilities mentioned in section 657-34, and dies without having recovered the premises, no further time for making the entry or bringing the action, beyond what is prescribed in section 657-35, shall be allowed by reason of the disability of any other person.
Haw. Rev. Stat. § 653-3 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-3
Exemptions; pensions.
Status: in_force

No pension to which any person is entitled from the State, or any municipal subdivision thereof, shall be subject to taxes nor to garnishment, attachment, or execution upon or in any suit, action, or proceeding at law instituted by any person or by the State or by any municipal subdivision thereof.
Haw. Rev. Stat. § 662-19 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-19
Limited liability for skateboarding activities in public skateboard parks.
Status: in_force

(a) No public entity or public employee shall be liable to any person for injury or damage sustained when using a public skateboard park, except when injury or damage is caused by a condition resulting from the public entity's failure to maintain or repair the skateboard park.

(b) Public entities that own or maintain public skateboard parks shall maintain a record of all known or reported injuries incurred by skateboard users in a public skateboard park and all claims paid for such injuries and shall submit a report to the legislature on or before twenty days before the convening of the 2008 legislative session, along with any recommendations regarding the need for further immunity from liability. [L 2003, c 144, §3]
Haw. Rev. Stat. § 654-5 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-5
Delivery.
Status: in_force

The officer, having taken possession of the property or any part thereof, shall forthwith deliver the same to the plaintiff, unless before the actual delivery to him, the defendant who had possession, or any person claiming an interest therein and a right to the possession thereof upon making an affidavit of his interest and of his right to the possession stating the grounds thereof, executes a bond to the plaintiff in such amount and with such sureties as are approved by the court, conditioned that he will appear in and defend the action, and deliver the property to the plaintiff, if the plaintiff recovers judgment therefor, in as good condition as it was when the action was commenced, and that he will pay all costs and damages that may be adjudged against him for the taking or detention of the property. Upon the furnishing of the bond the property shall be relinquished to the defendant who had possession, unless the bond is furnished by another person who has, by proper pleadings, presented an affirmative claim to the property and has complied with the provisions of this chapter applicable to a plaintiff, in which case the court shall determine the custody of the property. [L Sp 1949, c 7, pt of §1; RL 1955, §244-25; HRS §654-26; am L 1972, c 90, §1(e); ren HRS §654-5]
Haw. Rev. Stat. § 675-1 — HI Code / Division 4 / Title 36 / Chapter 675 / Section 675-1
Findings and purpose.
Status: in_force

(a) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

(b) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

(c) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

(d) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.

(e) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

(f) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. [L 1999, c 188, pt of §1]
Haw. Rev. Stat. § 667-54 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-54
Petition for conversion; residential property; required contents.
Status: in_force

(a) A petition filed pursuant to section 667-53 shall contain at a minimum:

(1) A caption setting forth the name of the court, the title of the action, and the file number; provided that the title of the action shall include the names of the filing party as petitioner and the foreclosing party as the respondent ;

(2) The name, mailing address, and telephone number of the filing party;

(3) The address or tax map key number , and the certificate of title or transfer certificate of title number if registered in the land court, of the property subject to the foreclosure action;

(4) A statement identifying all other owner-occupants and mortgagors of the property whose interests are pledged or otherwise encumbered by the mortgage that is being foreclosed and all persons who have signed the promissory note or other instrument evidencing the debt secured by the mortgage that is being foreclosed, including without limitation co-obligors and guarantors;

(5) A certification under penalty of perjury that the filing party is an owner-occupant of the subject property and seeks to convert the nonjudicial foreclosure to a judicial proceeding;

(6) A statement certifying that the filing party served a copy of the petition on the attorney identified in the foreclosure notice under section 667-22 either by personal delivery at, or by postage prepaid United States mail to, the address of the attorney as set forth in the foreclosure notice under section 667-22 ; and

(7) A copy of the foreclosure notice that was served on the filing party pursuant to section 667-22 and for which the filing party is seeking to convert to a judicial proceeding.

(b) The assignment of parties in the petition for conversion pursuant to subsection (a) shall relate to the petition for conversion only and shall not be construed to affect the assignment of parties in a nonjudicial power of sale foreclosure converted to a judicial foreclosure pursuant to this part. [L 2011, c 48, pt of §5 , §45(4) ; am L 2012, c 182, § §28, 49 ]
Haw. Rev. Stat. § 651C-5 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-5
Transfers fraudulent as to present creditors.
Status: in_force

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor becomes insolvent as a result of the transfer or obligation.

(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for other than a present, reasonably equivalent value, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 668-16 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-16
Default.
Status: in_force

All parties who have failed to plead or otherwise defend as provided by the rules of court shall, when that fact is made to appear, be deemed to be in default, and their default shall be entered. Such parties shall be deemed to have consented to such partition or other disposition of the property as may be decreed in accordance with this chapter.
Haw. Rev. Stat. § 658A-11 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-11
Appointment of arbitrator; service as a neutral arbitrator.
Status: in_force

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

(b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 666-3 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-3
Forfeiture, warning, notice to vacate, refunds.
Status: in_force

(a) Any tenancy created by or described in section 666-2 shall be subject to forfeiture where the tenant or any invitee or employee of the tenant commits any act, or causes any condition to exist, within or upon the rented premises which act or condition constitutes a nuisance as defined in section 712-1270.

(b) A written notice shall first be delivered by the landlord to the tenant warning the tenant to abate or cause to be abated the common nuisance within twenty-four hours from the time the notice is delivered. If the common nuisance complained of remains unabated after twenty-four hours from the time the notice is delivered to the tenant, the landlord may terminate the tenancy by a written notice to vacate the premises within five days from the date the second notice is delivered to the tenant. Where rent has been paid in advance by the tenant, refund shall be made by the landlord of the amount of rent so paid covering the period from the date the rent was paid to and including the date the premises are vacated. If the tenant fails or refuses to vacate the premises within five days from the date of delivery of the second notice, then in case rent has been paid in advance, the landlord shall make a tender of the amount of the refund of rent to which the tenant would have been entitled had the tenant vacated the premises upon the date the notice to vacate was delivered to the tenant. Thereafter, upon the continued failure or refusal on the part of the tenant to vacate, the landlord may proceed, without further notice, to evict the tenant in any manner authorized by law. [L 1937, c 209, §1; RL 1945, §10403; RL 1955, §240-3; HRS §666-3; gen ch 1985; am L 1986, c 195, §3]
Haw. Rev. Stat. § 658F-2 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-2
Definitions.
Status: in_force

In this chapter:

"Foreign country" means a government other than:

(1) The United States;

(2) A state, district, commonwealth, territory, or insular possession of the United States; or

(3) Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government's courts is initially subject to determination under the full faith and credit clause of the United States Constitution.

"Foreign-country judgment" means a judgment of a court of a foreign country. [L 2009, c 34, pt of §1]
Haw. Rev. Stat. § 667-25 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-25
Date, place of public sale of mortgaged property.
Status: in_force

(a) The public sale of the mortgaged property 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 667-27; or

(2) At least fourteen days after the date of the publication of the third public notice advertisement under section 667-27.

(b) The public sale of the mortgaged property shall be held only in the county where the mortgaged property 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 mortgaged property located in the city and county of Honolulu;

(2) At a state facility in Hilo, for a public sale of mortgaged property 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 mortgaged property 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 mortgaged property located in the county of Maui; and

(5) At a state facility in the county seat of Kauai, for a public sale of mortgaged property 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 mortgaged property shall be conducted by the foreclosing mortgagee on the date, at the time, and at the place described in the public notice of the public sale. [L 1998, c 122, pt of §1; am L 2011, c 48, § 24 ; am L 2012, c 182, § 19 ]
Haw. Rev. Stat. § 664-23 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-23
Hearing, order, kind of fence and markers, etc.
Status: in_force

[(a)] At the time set for the hearing of the petition[,] the court and the parties shall view the line of fence or proposed fence. The court shall decide equitably on the kind of fence to be built or maintained as circumstances or desired purposes may require and the portion or portions to be erected or maintained by either the respective land owners or any of the occupants or lessees of the particular parcels of land affected, insofar as their respective interests are concerned, or the share which each shall contribute to the cost thereof. When the desired fence serves primarily for boundary identification[,] the court may order that pipes set in concrete monuments or other satisfactory boundary markers of a somewhat permanent nature may be installed and maintained at all corners, end points[,] or angle points of each boundary fence and may also order that commonly used fence posts be installed along the boundary under consideration at approximately equal intervals or spans ranging in distance from twenty feet up to five hundred feet, to identify such boundary[,] and in all such boundary identification cases it may waive the use of wire or the full compliance with the requirements of a lawful fence.

[(b)] When the desired fence is intended for the purpose of confining animals of each adjacent owner, adjacent occupant, or adjacent lessee of land in their respective lands, the court shall decide equitably on the kind of fence to be built or maintained, to the end that trespass shall be prevented and that injury or damage to either party shall be reduced to the very minimum, and the portion or portions to be erected or maintained by either the respective land owners or any of the occupants or lessees of the particular parcels of land affected, insofar as their respective interests are concerned, or the share which each shall contribute to the cost thereof.

[(c)] The court shall specify the time within which the work shall be done and shall decide all disputes which may arise between the parties concerning the same and shall thereupon enter a decree.

[(d)] In case any party neglects or refuses to build or maintain or to pay the party's share of the cost thereof in accordance with the decree, the court, upon application therefor by the party aggrieved, may direct compliance with the decree at the expense of the defaulting party and enter judgment for the amount thereof, or for the defaulting party's part of the cost thereof if the work has been done, and issue execution therefor, or may enforce compliance with the decree by other appropriate proceedings. [L 1931, c 101, §3; RL 1935, §3673; am L 1935, c 52, §2; am L 1941, c 219, §2; RL 1945, §10214; RL 1955, §234-22; HRS §664-23; am L 1972, c 90, §6(g), (h); gen ch 1985]
Haw. Rev. Stat. § 651-94 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-94
Proceedings where real property can be divided without material injury.
Status: in_force

[(a)] If the defendant is entitled to an exemption as provided in section 651-92, and from the appraiser's report, it appears to the judge that the real property claimed can be divided without material injury and subject to applicable state and county land use, zoning, and subdivision laws, the judge shall, by order, direct the appraisers to set off to the defendant so much of the real property, including the residence and outbuildings, as will amount in value to the real property exemption and all liens and encumbrances and the execution may be enforced against the remainder of the real property subject to all liens and encumbrances recorded prior to the lien under which sale is made.

[(b)] If a sale is made, the proceeds thereof shall be applied in the following order of priority: first, to the satisfaction of the execution costs, attorney's and appraiser's fees, and any other fees that may necessarily arise; second, to the satisfaction of the lien under which the sale is made; third, to the discharge of any subsequent liens and encumbrances according to their priority, and the balance, if any, to the defendant. The sale shall operate to extinguish subsequent liens and encumbrances on the remainder sold without forcing prior lienors and encumbrancers to exercise their right of recovery.

[(c)] As used in this section, "material injury" means that the value of the real property left after the set off to the defendant is less than: all liens and encumbrances on the real property recorded prior to lien under which sale is made and an amount equal to estimated execution costs, attorney's and appraiser's fees, and other fees. [L 1976, c 136, pt of §1; am L 1978, c 46, §8; gen ch 1985]
Haw. Rev. Stat. § 663A-2 — HI Code / Division 4 / Title 36 / Chapter 663A / Section 663A-2
Damages and penalties.
Status: in_force

(a) Any person who takes possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual's own use without having paid the purchase price thereof, who alters the price indicia of such merchandise, or who takes any other action that constitutes the offense of shoplifting, shall be civilly liable to the owner of the mercantile establishment for either:

(1) Actual damages and a civil penalty of $75, if a written demand is made pursuant to subsection (e), for the actual damages and this civil penalty; or

(2) Actual damages, a civil penalty of $75, and an additional civil penalty of not less than $50 nor more than $500, to recover the costs and expenses of bringing a civil suit, as determined by the court.

(b) A conviction for theft under section 708-830 to 708-833 is not a condition precedent to the maintenance of a civil action under this section.

(c) A civil liability under this section is not limited by another law that limits liability of parents or minor children.

(d) An action for recovery of damages and the assessment of the civil penalties under this section may be brought in any court of competent jurisdiction, including the small claims division of a district court.

(e) The fact that an owner of a mercantile establishment may bring an action against an individual for damages as provided in this section shall not limit the right of the owner of a mercantile establishment to demand, in writing, prior to the commencement of any legal action, that a person who is liable for damages under this section remit said damages and the amount of civil penalty allowed in section 663A-2.

(f) Judgments, but not claims, arising under this section may be assigned. [L 1985, c 275, pt of §1]
Haw. Rev. Stat. § 657-34 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-34
Disabilities.
Status: in_force

If, when right of entry or of action first accrues as aforesaid, the person entitled to the entry or action is within the age of eighteen years, or insane, or imprisoned, such person, or anyone claiming from, by, or under the person, may make the entry or bring the action at any time within five years after the disability is removed, notwithstanding the twenty years before limited in that behalf, have expired.
Haw. Rev. Stat. § 672E-9 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-9
Additional construction defects.
Status: in_force

A construction defect discovered after the notice of claim is served may not be alleged in an action until the claimant has given the contractor:

(1) A written notice of claim regarding the alleged defect under section 672E-3; and

(2) An opportunity to repair the construction defect or reject the notice of claim under section 672E-4. [L 2004, c 119, pt of §2]
Haw. Rev. Stat. § 671-18 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-18
Statute of limitations tolled.
Status: in_force

The filing of the inquiry with the medical inquiry and conciliation panel or with an approved or agreed upon alternative dispute resolution provider shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until sixty days after the termination of the panel or the notification of completion from the approved or agreed upon alternative dispute resolution provider is mailed or delivered to the parties. If panel proceedings are not completed 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 inquiry may commence a suit based on the circumstances related to the inquiry in any appropriate court of this State. The panel or the approved or agreed upon alternative dispute resolution provider shall notify all parties in writing of this provision.
Haw. Rev. Stat. § 667-41 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-41
Public information notice requirement.
Status: in_force

(a) All financial institutions, mortgagees, lenders, business entities and organizations without limitation, and persons, who intend to use the power of sale foreclosure under this part, under the conditions required by this part, shall provide the public information notice described in subsection (b) to the public, upon request, and to any applicant submitting a loan application where residential property is required to be used to secure the loan. The notice shall be provided to all applicants and all owners of the residential property (if different from the applicants) within three business days after the submission of a written loan application, or within three business days after the time residential property is required to be used to secure a loan, whether or not there is a written loan application. The purpose of the public information notice is to inform the public, applicants, and others that the financial institutions, mortgagees, lenders, organizations, and other business entities and persons who are authorized under this part to enforce the foreclosure rights in a mortgage, in the event of the borrower's default, have the option of pursuing either a judicial or nonjudicial foreclosure in the manner provided by law.

(b) The public information notice requirement shall be satisfied by the delivery of a separate notice that contains the following wording and is printed in not less than fourteen-point font:

"PUBLIC INFORMATION NOTICE PURSUANT TO

HAWAII REVISED STATUTES SECTION 667-41

WHAT IS FORECLOSURE?

This notice informs you regarding a lender's right to foreclose in the event of a default on the loan you have applied for or are considering if your home is used to secure its repayment.

The mortgage agreement or contract that you may enter into states that in the event the amounts due under the loan are not paid when they are due, or for other reasons you do not perform your promises in the note and mortgage, all of which are known as defaults, the lender shall have the option to foreclose the mortgage , which will result in a sale of your home.

The entity or person who holds your mortgage ("Mortgagee") may send you a notice informing you that the Mortgagee is starting foreclosure proceedings. You should not wait for that to happen; take steps to prevent a foreclosure as soon as you are having trouble paying your mortgage. You should contact your lender or your lender's loan servicer, or you may contact a budget and credit counselor or housing counselor, to discuss your situation.

STEP ONE: NOTICE OF DEFAULT. The first step in the foreclosure process is the Mortgagee usually sends you a written notice of default, which occurs after you are past due on your mortgage payment. The Mortgagee will tell you in the notice how much time you have to pay the required amount that is past due and , by paying , will return your loan to good standing.

STEP TWO: PROCEEDING TO FORECLOSURE. If you do not pay the required amount past due by the deadline in the notice of default, the Mortgagee may elect to proceed to collect the balance due on your loan through foreclosure. In Hawaii, there are two types of foreclosures: judicial and nonjudicial.

In a JUDICIAL FORECLOSURE, the Mortgagee files a lawsuit against you in order to obtain a court judgment that you owe the balance due under your loan and to obtain an order to sell the property. T he initial legal document you will receive in the lawsuit is called the complaint. Y ou should consult an attorney of your choice who can advise you as to the steps needed to protect your rights. Judicial foreclosure involves the sale of the mortgaged property under the supervision of the court. You will receive notice of the foreclosure case hearings and the sale date and the judicial decision is announced after a hearing in court. The sale of the property must be approved by the court before it can be completed.

In a NONJUDICIAL FORECLOSURE, the process follows the procedures spelled out in Chapter 667 of the Hawaii Revised Statutes and in your mortgage. The nonjudicial procedures allow a Mortgagee to foreclose on and sell the property identified in the mortgage without filing a lawsuit or court supervision. This nonjudicial foreclosure is also called a power of sale foreclosure. The Mortgagee starts the process by giving you a written notice of default and of the Mortgagee's intent to sell the property.

After the required time has elapsed, you will be sent a notice of nonjudicial foreclosure sale, which will tell you the date and location of the sale.

I n a NONJUDICIAL FORECLOSURE, if you own an interest in the property you may have the right to participate in the M ortgage F oreclosure D ispute R esolution P rogram or to convert the nonjudicial foreclosure into a judicial foreclosure. T he nonjudicial foreclosure may not proceed during the dispute resolution process or after it has been converted to a judicial foreclosure.

P LEASE N OTE: E ven if a judicial or nonjudicial foreclosure has commenced, you may be able to reinstate the loan and keep your home if you pay the delinquent amount then due and the foreclosure expenses that your M ortgagee has incurred. Y ou must contact the M ortgagee as soon as possible to determine whether reinstatement is possible.

STEP THREE: PUBLIC SALE. The sale of a foreclosed home is usually made through a public auction, where the highest bidder who can make a cash deposit of up to 10% of the bid can buy the property. In a judicial foreclosure, the court appoints a third party commissioner to advertise and conduct the sale. In a nonjudicial foreclosure, the Mortgagee advertises and conducts the sale. In both types of sales, the Mortgagee has the right to buy the property by submitting a credit bid based up on the balance owed on the mortgage, so long as its bid is higher than any other bids. If the Mortgagee buys the property, the Mortgagee has the right to re-sell it in a private sale at a later date.

STEP FOUR: DISBURSEMENT OF PROCEEDS; POTENTIAL DEFICIENCY JUDGMENT. After the foreclosure sale is completed, the proceeds are paid out to lien holders , including the Mortgagee , in the order set by law and lastly to you if there are any proceeds left.

In a JUDICIAL FORECLOSURE, the court tells the commissioner whom to pay and how much. If the property did not sell for enough to pay off the balance due under your loan, the Mortgagee has the right to ask the court for a deficiency judgment against you for the difference.

In a NONJUDICIAL FORECLOSURE, the Mortgagee distributes the proceeds from the sale . If you are an owner-occupant, the law prohibits a deficiency judgment against you unless the debt is secured by other collateral.

READ THE NOTE AND MORTGAGE CAREFULLY TO UNDERSTAND WHAT IS REQUIRED AND HOW TO AVOID FORECLOSURE, AND CONSULT WITH AN ATTORNEY REGARDING YOUR LEGAL RIGHTS."

(c) The requirements of this section shall apply only to written loan applications submitted, or to loans where residential property is required to be used as security, after August 31, 2012. [L 1998, c 122, pt of §1; am L 2011, c 48, § 33 ; am L 2012, c 182, §26]
Haw. Rev. Stat. § 662D-4 — HI Code / Division 4 / Title 36 / Chapter 662D / Section 662D-4
Limited liability for volunteers for activities at public skateboard parks.
Status: in_force

(a) A volunteer who designs, constructs, maintains, or repairs a skateboard park for a governmental entity shall not be liable to any person for injury or damage sustained when using a public skateboard park, except for injury or damages resulting from gross negligence or intentional misconduct.

(b) No nonprofit organization or nonprofit corporation that provides volunteers to a governmental entity to design, construct, maintain, or repair a public skateboard park shall be liable to any person for injury or damage sustained when using a public skateboard park, except under the doctrine of respondeat superior. [L 2003, c 144, §4]
Haw. Rev. Stat. § 651-42 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-42
How levy made, inventory.
Status: in_force

Every levy by an officer, in pursuance of a writ of execution issued by any court or judge, shall be made by taking the property levied upon into the officer's possession, care, and guardianship, and at the officer's option, by removal of the same to some place of security. The officer shall make an inventory of the property levied upon. [CC 1859, §1022; RL 1925, §2446; RL 1935, §4145; RL 1945, §10172; RL 1955, §233-41; HRS §651-42; gen ch 1985]
Haw. Rev. Stat. § 667-38 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-38
Deficiency judgment against owner-occupant prohibited.
Status: in_force

Upon completion of the nonjudicial foreclosure of residential property pursuant to this part, the mortgagee or other person, excluding an association, shall not be entitled to pursue or obtain a deficiency judgment against an owner-occupant unless the debt is secured by other collateral. The debts of other lien creditors are unaffected except as provided in this part.
Haw. Rev. Stat. § 663-9 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-9
Liability of animal owners.
Status: in_force

(a) The owner or harborer of an animal, if the animal proximately causes either personal or property damage to any person, shall be liable in damages to the person injured regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal.

(b) The owner or harborer of an animal which is known by its species or nature to be dangerous, wild, or vicious, if the animal proximately causes either personal or property damage to any person, shall be absolutely liable for such damage. [L 1980, c 218, §2]
Haw. Rev. Stat. § 663-42 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-42
Subrogation claims denied.
Status: in_force

There shall be no recovery for any subrogation claim pursuant to any subrogation clause of an uninsured, underinsured, collision, or other first-party coverage as a result of payments made to persons who have claims that arise in whole or in part under this part.
Haw. Rev. Stat. § 651-96 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-96
After sale, money equal to real property exemption protected.
Status: in_force

The money paid to the defendant as the defendant's exemption shall be entitled, for the period of six months thereafter, to the same protection against attachment and execution which section 651-92 gives to the real property. If the defendant, within such six-month period, applies such proceeds to the purchase of real property, the date of such acquisition and commencement of residence for the purpose of section 651-92(b)(5), shall be considered to be the date of the acquisition of interest in and commencement of residence on the real property whose sale resulted in such proceeds.
Haw. Rev. Stat. § 656-1 — HI Code / Division 4 / Title 36 / Chapter 656 / Section 656-1
Certain contracts, when actionable.
Status: in_force

No action shall be brought and maintained in any of the following cases:

(1) To charge a personal representative, upon any special promise to answer for damages out of the personal representative's own estate;

(2) To charge any person upon any special promise to answer for the debt, default, or misdoings of another;

(3) To charge any person, upon an agreement made in consideration of marriage;

(4) Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them;

(5) Upon any agreement that is not to be performed within one year from the making thereof;

(6) To charge any person upon any agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or commission;

(7) To charge the estate of any deceased person upon any agreement which by its terms is not to be performed during the lifetime of the promisor, or, in the case of agreements made prior to July 1, 1977, of an agreement to devise or bequeath any property, or to make any provision for any person by will; or

(8) To charge any financial institution upon an agreement by the financial institution to lend money or extend credit in an amount greater than $50,000;

unless the promise, contract, or agreement, upon which the action is brought, or some memorandum or note thereof, is in writing, and is signed by the party to be charged therewith, or by some person thereunto by the party in writing lawfully authorized. The term "financial institution" used in [paragraph] (8) means an institution domiciled in this State whose deposits are federally insured or a financial institution which is examined and supervised by the commissioner of financial institutions. [CC 1859, §1053; am L 1923, c 5, §1; RL 1925, §2665; am L 1929, c 21, §1; RL 1935, §3900; RL 1945, §8721; RL 1955, §190-1; HRS §656-1; am L 1976, c 200, pt of §1; am L 1977, c 144, §63; gen ch 1985; am L 1990, c 119, §1]
Haw. Rev. Stat. § 660-5 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-5
Complaint.
Status: in_force

Application for the writ or an order to show cause shall be made to the court or judge authorized to issue the same, by complaint in writing, signed by the party for whose relief it is intended, or by some person in the party's behalf, setting forth:

(1) The person by whom, and the place where, the party is imprisoned or restrained, naming the party and the person detaining the party, if their names are known, and describing them if they are not known;

(2) The cause or pretense of imprisonment or restraint, according to the knowledge and belief of the applicant;

(3) If the imprisonment or restraint is by virtue of any warrant or other process, an annexed copy thereof, unless it is made to appear that a sufficient reason exists for not annexing the same;

(4) That there has been no determination of the legality of the detention on a prior application for a petition for a writ of habeas corpus, or, if there has been a previous determination, the new grounds, if any, not presented and determined upon the previous application.

The facts alleged shall be verified by the oath of some credible person, to be administered by any person authorized to administer oaths. [L 1870, c 32, §3; RL 1925, §2729; RL 1935, §4314; RL 1945, §10355; am L 1953, c 101, §2; RL 1955, §239-5; HRS §660-5; am L 1972, c 90, §5(c); gen ch 1993]
Haw. Rev. Stat. § 667-5.7 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-5.7
§ § 667-5.
Status: repealed

§ § 667-5.7 to 667-8 REPEALED. L 2012, c 182, § § 51 to 54 .
Haw. Rev. Stat. § 672E-6 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-6
Offer of settlement.
Status: in_force

(a) Any time after the service of the notice of claim, any party may serve an offer of settlement.

(b) If the offer is accepted, the parties shall be deemed to have resolved the claim in whole or in part pursuant to the offer.

(c) An offer not accepted within the time period required under section 672E-5, or ten days after service for any subsequent offers, shall be deemed withdrawn and evidence thereof shall not be admissible except to determine entitlement to recovery of costs. If the judgment or award obtained in a subsequent proceeding is not more favorable than the offer, the offeree shall pay the costs incurred by the offeror after the making of the offer. The fact that an offer is made and not accepted does not preclude a subsequent offer. [L 2004, c 119, pt of §2 ; am L 2025, c 308, §4]
Haw. Rev. Stat. § 675-2 — HI Code / Division 4 / Title 36 / Chapter 675 / Section 675-2
Definitions.
Status: in_force

(a) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

(b) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation or any other organization or group of persons.

(c) "Allocable share" means Allocable Share as that term is defined in the Master Settlement Agreement.

(d) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (2) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition. The term "cigarette" includes "roll-your-own" (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette."

(e) "Master Settlement Agreement" means the settlement agreement (and related documents) entered into on November 23, 1998 by the State and leading United States tobacco product manufacturers.

(f) "Qualified escrow fund" means an escrow arrangement with a federally or State chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds' principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds' principal except as consistent with section 3(b) of this Act.

(g) "Released claims" means Released Claims as that term is defined in the Master Settlement Agreement.

(h) "Releasing parties" means Releasing Parties as that term is defined in the Master Settlement Agreement.

(i) "Tobacco product manufacturer" means an entity that after the date of enactment of this Act directly (and not exclusively through any affiliate):

(1) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

(2) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

(3) becomes a successor of an entity described in paragraph (1) or (2).

The term "Tobacco Product Manufacturer" shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of (1)-(3) above.

(j) "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the State. The Department of the Attorney General shall promulgate such regulations as are necessary to ascertain the amount of State excise tax paid on the cigarettes of such tobacco product manufacturer for each year. [L 1999, c 188, pt of §1]
Haw. Rev. Stat. § 651-52 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-52
Indemnity, how collected.
Status: in_force

Bonds of indemnity given to an officer, as provided in section 651-51, shall be collectible by the officer receiving the same, upon citation to show cause and proof of the signatures thereto, without the intervention of a jury, and the damages to be assessed thereon shall be the amount recovered against the officer, with interest and costs of suit, and the expenses of the citation and judgment of indemnity, for which execution may be issued against the co-obligors, both jointly and severally, leviable as in other cases of indebtedness. [CC 1859, §1034; RL 1925, §2454; RL 1935, §4155; RL 1945, §10182; RL 1955, §233-51; HRS §651-52]
Haw. Rev. Stat. § 654-2 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-2
Bond.
Status: in_force

(a) When the plaintiff desires the immediate delivery of the property, the plaintiff shall execute a bond to the defendant in possession of the property, and to all persons having an interest in the property, of such amount and with such sureties as are approved by the court, conditioned that the plaintiff will prosecute the plaintiff's action to judgment without delay, and deliver the property to the defendant in possession or any other person, if such delivery is adjudged, and pay all costs and damages that may be adjudged against the plaintiff. Upon the filing of the verified complaint or affidavit with the bond and a motion for immediate consideration of the matter, the court shall forthwith inquire into the matter, ex parte or otherwise, as in its discretion it determines. If thereupon the court finds that a prima facie claim for relief has been established, it shall issue an order directed to the sheriff, sheriff's deputy, chief of police, an authorized police officer of any county, or an independent civil process server from the department of law enforcement's list under section 353C-11 to take the property therein described and deliver the same to the plaintiff.

(b) Copies of the verified complaint or affidavit, and, if a bond for immediate seizure has been filed, of the bond, and, if an order for the taking has been issued on an ex parte hearing, of the order, shall forthwith be served upon the defendant in possession and each person having or claiming a possessory interest in the property, in the same manner as is provided for service of summons unless the party to be served has appeared in the action, in which case service may be made in the same manner as is provided for service of papers other than the summons. In a proper case, either before or after issuance of an order for the taking, the required service may be combined with the publication of the summons, in which event the giving of notice of the substance of the proceeding shall be sufficient.

(c) Upon the application of any party, the proceeding shall be advanced and assigned for hearing at the earliest possible date. [L Sp 1949, c 7, pt of §1; RL 1955, §244-21; am L 1963, c 85, §3; HRS §654-22; am L 1972, c 90, §1(b); ren HRS §654-2; gen ch 1985; am L 1989, c 123, §6 and c 211, §10; am L 1990, c 281, §11; am L 2002, c 16, §26; am L 2013, c 116, §§17, 25(16); am L 2015, c 101, §4; am L 2021, c 41, §17; am L 2022, c 278, §17]
Haw. Rev. Stat. § 651-4 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-4
Bond; amount and conditions.
Status: in_force

Before the writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall execute and file with the clerk a bond or undertaking with two or more sureties, in a sum at least double the amount for which the plaintiff demands judgment, and in no case less than $50 in a district court, or $300 in any other court, conditioned that the plaintiff will prosecute the plaintiff's action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which the defendant may sustain by reason of the attachment, not exceeding the amount specified in such bond or undertaking as the penalty thereof, should the same be wrongfully, oppressively, or maliciously sued out, and in case the defendant be declared a bankrupt, pay all charges, damages, and expenses incurred by any police officer by reason of the attachment. With the bond or undertaking, there shall also be filed the affidavits of the sureties, as provided in section 78-20. But no such bond shall be required when the plaintiff is the State or any officer or agent of the State or any municipality suing for its use or benefit. Subject to section 651-5, in any case where the amount for which the plaintiff demands judgment is in excess of $50,000, the court may, upon motion of the plaintiff, enter an order permitting a bond, conditioned as herein provided, in a sum as fixed in the order of less than the amount hereinabove set forth; provided that the bond shall in any event be not less than an amount equal to one and one-half times the value of the property of the defendant proposed to be attached as shown to the satisfaction of the court entering the order.
Haw. Rev. Stat. § 667-100 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-100
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 unit 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 association in the association's name. The unit owner shall not be required to sign the conveyance document.

(b) From the sale proceeds, after paying in the following order:

( 1 ) The association's attorney's fees and costs;

( 2 ) The fees and costs of the power of sale foreclosure;

( 3 ) The moneys owed to the association ; and

( 4 ) All other liens and encumbrances in the order of priority as a matter of law ,

the balance of the sale proceeds shall be distributed by the association to junior creditors having valid liens on the unit 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 unit owner.

(c) Lien creditors prior to the association shall not be forced to their right of recovery. However, the association and any prior lien creditor may agree in writing that the proceeds from the sale will be distributed by the association to the prior lien creditor towards the payment of moneys owed to the prior lien creditor before any moneys are paid to the association. [L 2012, c 182, pt of §3(2)]
Haw. Rev. Stat. § 671-15 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-15
Panel termination.
Status: in_force

The director of commerce and consumer affairs or the panel shall notify all affected parties upon termination of panel proceedings. At the discretion of the director or the panel, a notice of termination may state whether any party or parties to the matter failed to meet the requirements of this part or meaningfully participate in panel proceedings.
Haw. Rev. Stat. § 658B-7 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-7
Judgments and awards on foreign-money claims; times of money conversion; form of judgment.
Status: in_force

(a) Except as provided in subsection (c), a judgment or arbitration award on a foreign-money claim must be stated in an amount of the money of the claim.

(b) The judgment or award is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.

(c) Assessed costs must be entered in United States dollars.

(d) Each payment in United States dollars must be accepted and credited on the judgment or award in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.

(e) Judgments or awards made in an action on both (1) a defense, set-off, recoupment, or counterclaim and (2) the adverse party's claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and must specify the rates of exchange used.

(f) A judgment substantially in the following form complies with subsection (a):

"IT IS ORDERED AND ADJUDGED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate -- see section 658B-9) per cent a year or, at the option of the judgment debtor, the number of United States dollars as will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars."

(g) If a contract claim is of the type covered by section 658B-5(a) or (b), the judgment or award shall be entered for the amount of the money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars as will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.

(h) A judgment shall be recorded and indexed in foreign money in the same manner and shall have the same effect as a lien as other judgments. It may be discharged by payment. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 663E-8 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-8
Contribution among and recovery from multiple defendants.
Status: in_force

Except as otherwise provided in this chapter, part II of chapter 663 shall apply to a cause of action established by this chapter.
Haw. Rev. Stat. § 661-31 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-31
[ §661-31] Certain actions barred.
Status: in_force

[ §661-31] Certain actions barred. (a) In no event may a person bring an action under this part that is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.

(b) The court shall dismiss an action or claim under this part, unless opposed by the State, if the allegations or transactions alleged in the action or claim are substantially the same as those publicly disclosed:

(1) In a state criminal, civil, or administrative hearing in which the State or its agent is a party;

(2) In a state legislative or other state report, hearing, audit, or investigation; or

(3) By the news media,

unless the action is brought by the attorney general or the person bringing the action is an original source of the information.

(c) For purposes of this section, "original source" means an individual who:

(1) Prior to public disclosure under subsection (b), has voluntarily disclosed to the State the information on which the allegations or transactions in a claim are based; or

(2) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the State before filing an action under this part. [L 2012, c 294, pt of §5]
Haw. Rev. Stat. § 663J-8 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-8
Stay of action.
Status: in_force

On motion by a governmental agency involved in an investigation or prosecution for sexual exploitation or sex trafficking, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.
Haw. Rev. Stat. § 663E-13 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-13
Effect on existing laws.
Status: in_force

This chapter is not intended to alter any law regarding intra-family tort immunity.
Haw. Rev. Stat. § 651-9 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-9
Writ; how executed.
Status: in_force

The police officer to whom the writ is directed and delivered shall execute the writ without delay as follows:

(1) Real property or any interest therein shall be attached by recording in the office in which conveyances of the real property attached is recorded, a copy of the writ of attachment, with the officer's certificate endorsed or affixed, that by virtue of the original writ of which such copy is a true copy, the officer has attached the real estate, or all of the interest of the defendant therein, describing the same with convenient certainty as the property of the defendant, naming the defendant, in such writ;

(2) Personal property, capable of manual delivery, shall be attached by taking the same into custody;

(3) A security or any share or any interest evidenced thereby shall be attached in the same manner as is provided for the levy of an execution thereon. [L 1905, c 84, §9; RL 1925, §2813; RL 1935, §4198; RL 1945, §10149; RL 1955, §233-9; am L 1966, c 18, §6 and c 33, §7; HRS §651-9; gen ch 1985]

Revision Note

Pursuant to §23G-15, in:

(1) The prefatory language, comma deleted after "delivered"; and

(2) Paragraph (1), "indorsed" changed to "endorsed".
Haw. Rev. Stat. § 657D-26 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-26
Life insurance policies; penalties.
Status: in_force

(a) Where any life insurance policy on the life of a person in military service is the subject of an action or proceeding under this chapter, the court may:

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

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

This subsection shall not be construed in any way as affecting or as limiting the scope of section 657D-23.

(b) Any person who knowingly acts in violation of this section, or attempts to do so, shall be guilty of a misdemeanor. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 667-97 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-97
Postponement, cancellation of sale.
Status: in_force

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

(1) Announced by the association 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 667-92.

(b) If there is a postponement of the public sale of the unit, a new public notice of the public sale shall be published once in the format described in section 667-96. 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 unit or on another real property of which the unit is a part, and it shall be mailed or delivered to the unit owner and to any other person entitled to receive notice under section 667-92(e).

(c) Upon the fourth postponement of every series of four consecutive postponements, the association shall follow all of the public notice of public sale requirements of section 667-96, including the requirements of mailing and posting under section 667-96(c) and of publication under section 667-96(d).

(d) The default under the association documents may be cured no later than three business days before the date of the public sale of the unit by paying the entire amount that would be owed to the association if the payments under the association documents had not been accelerated, plus the association's attorney's fees and costs, and all other fees and costs incurred by the association related to the default, unless otherwise agreed to between the association and the unit owner. 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 2012, c 182, pt of §3(2)]
Haw. Rev. Stat. § 657D-14 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-14
Restrictions.
Status: in_force

(a) In any action or proceeding commenced in any court, if an insurance policy was assigned prior to the person's period of military service to secure the payment of any obligation of that person, no assignee of the policy (except the insurer in connection with a policy loan), during the period of military service of the insured or within sixty days thereafter, except upon the consent in writing of the insured made during the period or when the premiums thereon are due and unpaid or upon the death of the insured, shall exercise any right or option by virtue of the assignment unless upon leave of court granted upon an application made by the assignee. The court may refuse to grant leave unless the court finds that the ability of the obligor to comply with the terms of the obligation is not materially affected by reason of the obligor's military service. For the purpose of this subsection, premiums which are guaranteed under part IV shall not be deemed to be due and unpaid.

(b) No person shall exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a person in military service during the person's period of military service and for sixty days thereafter except upon an order previously granted by a court upon application and a return made and approved by the court. The court, after a hearing on an application by the person in military service or some person on behalf of the person in military service, unless in the opinion of the court the ability of the defendant to pay the storage charges due is not materially affected by reason of the person's military service, may find against a person in military service.

(c) Before or during the period of that service, or within sixty days thereafter, the court, on its own motion or on application to it by such person or a person on such person's behalf, unless in the opinion of the court the ability of the defendant to comply with the judgment or order entered or sought is not materially affected by reason of the defendant's service shall:

(1) Stay the execution of any judgment or order entered against this person, as provided in this chapter; or

(2) Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this chapter. [L 1994, c 257, pt of §2]

Revision Note

Subsection (a) designation added pursuant to §23G-15.
Haw. Rev. Stat. § 658D-3 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-3
Policy.
Status: in_force

It is the policy of the State of Hawaii to encourage the use of arbitration, mediation, and conciliation to resolve disputes arising out of international relationships and to maximize private autonomy over such proceedings by limiting court involvement therein to:

(1) The enforcement of decisions, awards, and settlement; and

(2) Ancillary matters in aid of such proceedings. [L 1988, c 186, pt of §1]

Revision Note

Paragraphs redesignated and in paragraph (1), comma added after "awards" pursuant to §23G-15.
Haw. Rev. Stat. § 663-7 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-7
Survival of cause of action.
Status: in_force

A cause of action arising out of a wrongful act, neglect, or default, except a cause of action for defamation or malicious prosecution, shall not be extinguished by reason of the death of the injured person. The cause of action shall survive in favor of the legal representative of the person and any damages recovered shall form part of the estate of the deceased.
Haw. Rev. Stat. § 664-25 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-25
Appeal.
Status: in_force

Any party aggrieved by the decree of the court may appeal therefrom to the intermediate appellate court, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts.
Haw. Rev. Stat. § 651-43 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-43
Advertisement for sale.
Status: in_force

The officer shall, after levy, advertise for sale the property levied upon, whether real or personal, for thirty days, or for such time as the court shall order, by posting a written or printed notice in three conspicuous places within the district where the property is situated, and if on the island of Oahu, by advertisement thereof at least three times in one or more newspapers published in Honolulu. [CC 1859, §1023; am L 1886, c 58, §1; RL 1925, §2447; RL 1935, §4146; RL 1945, §10173; RL 1955, §233-42; HRS §651-43]
Haw. Rev. Stat. § 674-21 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-21
Attorney's fees and costs.
Status: in_force

In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees.
Haw. Rev. Stat. § 661-11 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-11
Tort claims against State where covered by insurance.
Status: in_force

(a) This section applies to an action where:

(1) The State is a party defendant;

(2) The subject matter of the claim is covered by a primary insurance policy entered into by the State or any of its agencies; and

(3) Chapter 662 does not apply.

No defense of sovereign immunity shall be raised in an action under this section. However, the State's liability under this section shall not exceed the amount of, and shall be defrayed exclusively by, the primary insurance policy.

(b) An action under this section shall not be subject to sections 661-1 to 661-10. [L 1955, c 253, §1; RL 1955, §245-11; HRS §661-11; am L 1972, c 164, §1(i); am L 1988, c 266, §2; am L 2016, c 55, §45]
Haw. Rev. Stat. § 657D-5 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-5
Extension of benefits to persons ordered to report for military service.
Status: in_force

Any person who is ordered to report for military service shall be entitled to the relief and benefits during:

(1) The period of military service; and

(2) The period beginning on the date of receipt of the order and ending on the date upon which the member reports for military service, or the date on which the order is revoked, whichever is earlier. [L 1994, c 257, pt of §2; am L 2019, c 77, §3]
Haw. Rev. Stat. § 651-18 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-18
Discharge of writ when improperly issued.
Status: in_force

The defendant may at any time after the defendant has appeared in the action, either before or after the release of the attached property, or before any attachment has been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the writ of attachment be discharged, on the ground that the same was improperly issued. If upon the application, it satisfactorily appears that the writ of attachment was improperly issued, it shall be discharged.
Haw. Rev. Stat. § 669-12 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-12
Consequences.
Status: in_force

§669-12 Consequences.

(1) A de minimis structure position discrepancy shall not be considered an encroachment or a basis for a zoning violation;

(2) No de minimis structure position discrepancy authorized under this part shall be considered as a basis for any claim of adverse possession of land. If the wall or other improvement that is affected by the discrepancy is removed or substantially damaged or destroyed, the replacement improvement shall be constructed to comply with the most recent survey available at the time of construction of the improvement;

(3) Responsibility for maintenance and repair of an improvement within a de minimis structure position discrepancy shall be borne by the property owner who constructed the improvement or the property owner's successor in interest;

(4) Liability for any claims for injuries or damages to persons or property arising out of, or in connection with, an improvement within a de minimis structure position discrepancy shall be borne by the property owner who constructed the improvement or the property owner's successor in interest; and

(5) In the event that the property owner who constructed the improvement within a de minimis structure position discrepancy is not readily identifiable, then for purposes of this part, the owner of the improvement shall be determined to be the owner of the property upon which the improvement is substantially located. [L 1997, c 131, pt of §2; am L 1999, c 185, §3]
Haw. Rev. Stat. § 657-33.5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-33.5
Deregistered land.
Status: in_force

In no event shall the period of limitations provided in this part begin prior to the date and time of deregistration for deregistered land. The terms "date and time of deregistration" and "deregistered land" as used in this section shall have the same meaning as in section 501-20.
Haw. Rev. Stat. § 652-2.5 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-2.5
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 sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 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 the sheriff, deputy sheriff, police officer, or independent civil process server 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 last known home or business address. [L 1992, c 82, pt of §1; am L 2013, c 116, §§15, 25(14); am L 2015, c 101, §4; am L 2021, c 41, §15; am L 2022, c 278, §17]
Haw. Rev. Stat. § 658A-2 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-2
Notice.
Status: in_force

(a) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.

(b) A person has notice if the person has knowledge of the notice or has received notice.

(c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 668-3 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-3
Complaint.
Status: in_force

The complaint shall particularly describe the property sought to be partitioned, and shall set forth the title and rights of all parties interested therein and the extent of their respective interests, as far as known to the plaintiff. In case any person or persons interested are unknown to the plaintiff so that they cannot be named, or if the plaintiff does not know the share or quantity of interest of any party, or if any share or interest is uncertain or contingent or dependent upon some executory devise or provision, so that the same cannot be stated by the plaintiff, the facts shall be stated in the complaint and, if required by the rules of court, a supporting affidavit shall be furnished.
Haw. Rev. Stat. § 657D-17 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-17
Maximum rate of interest.
Status: in_force

No obligation or liability bearing interest at a rate in excess of six per cent a year incurred by a person in military service before that person's entry into that service, during any part of the period of military service, shall bear interest at a rate in excess of six per cent a year unless, in the opinion of the court, upon application thereto by the obligee, the ability of the person in military service to pay interest upon the obligation or liability at a rate in excess of six per cent per year is not materially affected by reason of that service, in which case the court may make such order as it deems just.

As used in this section the term "interest" includes service charges, renewal charges, fees, or other charges, except bona fide insurance, as to the obligation or liability. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 663-1.8 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.8
Chiropractic society; peer review committee; no liability; exceptions.
Status: in_force

(a) As used in this section:

"Chiropractic society" or "society" means any association or other organization of persons engaged in the practice of chiropractic, where a primary purpose of the society is to maintain the professional standards of chiropractors.

"Peer review committee" or "committee" means a committee created by a chiropractic society, whose function is to maintain the professional standards established by the bylaws of the society.

"Relevant" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the information.

(b) There shall be no civil liability for any member of a peer review committee for any acts done in furtherance of the purpose for which the committee was established; provided that:

(1) The member was authorized to perform in the manner in which the member did; and

(2) The member acted without malice after having made a reasonable effort to ascertain the truth of the facts upon which the member acted.

(c) This section shall not be construed to confer immunity from liability upon any chiropractic society, nor shall it affect the immunity of any shareholder or officer of a chiropractic corporation; provided that there shall be no civil liability for any chiropractic society in communicating any conclusions reached by one of its peer review committees relating to the conformance with professional standards of any person engaged in the same profession or occupation as the members of the communicating chiropractic society to a peer review committee of another chiropractic society whose membership is comprised of persons engaged in the same profession or occupation, or to the Hawaii board of chiropractic having as one of its duties the licensing of persons engaged in the practice of chiropractic or to a government agency charged with the responsibility for administering a program of chiropractic assistance in which services are provided by private practitioners.

(d) The final peer review committee of a chiropractic society shall report in writing every adverse decision made by it to the Hawaii board of chiropractic. 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 prior to an adverse decision there is a resignation or other voluntary action by the person under investigation as may have been requested or bargained for in lieu of chiropractic disciplinary action, the report shall so state. The board 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.

(e) A committee, in writing, may request an insurance company or employer to release to the committee relevant information or evidence deemed important to the committee and relating to the matters within its jurisdiction.

(f) After having received a written request from a company or person providing information to the committee, the committee shall provide to the company or person the results of their decision within thirty business days following a decision.

(g) Any insurance company or person acting on its behalf or employer who releases information to the committee, whether in written or oral form, pursuant to subsection (e), shall be immune from any civil or criminal liability. [L 1984, c 241, §1; am L 2018, c 203, §2]
Haw. Rev. Stat. § 657D-34 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-34
Determination of policies entitled to protection; notice to parties; lapse of policies for nonpayment of premiums, etc.
Status: in_force

The insurance commissioner shall determine whether the policy is entitled to protection under this part and shall notify the insured and the insurer of that determination. Any policy found by the insurance commissioner to be entitled to protection under this part, subsequent to date of application and during the period of military service of the insured and for sixty days after the expiration of that service, shall not lapse or otherwise terminate or be forfeited for the nonpayment of a premium becoming due and payable, or the nonpayment of any indebtedness or interest.
Haw. Rev. Stat. § 672B-16 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-16
Duty to cooperate; assessment of costs and fees.
Status: in_force

[(a)] It shall be the duty of every person who files a claim with the design claim conciliation panel, every design professional against whom the claim is made, and every insurance carrier or other person providing professional tort liability insurance for the design professional, to cooperate with the design claim conciliation panel for the purpose of achieving a prompt, fair, and just disposition or settlement of the claim; provided that cooperation shall not prejudice the substantive rights of those persons.

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

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

(1) The attendance of the persons at the hearing of the design claim conciliation panel;

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

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

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

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

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

[(d)] The party against whom costs are awarded may appeal the award to the circuit court. The court may affirm or remand the case with instructions for further proceedings, or it may reverse or modify the award if the substantial rights of the petitioners may have been prejudiced because the award is characterized as an abuse of discretion. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 663-5 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-5
Death of defendant, continuance of action.
Status: in_force

In any case where the wrongdoer or other person who may be liable for damages for physical injury or death as provided by section 663-3 dies after action has been instituted against the wrongdoer or other person therefor, the action may be continued against the legal representative of the wrongdoer's or other person's estate in accordance with chapter 634.
Haw. Rev. Stat. § 655-4 — HI Code / Division 4 / Title 36 / Chapter 655 / Section 655-4
§§655-4 and 655-5 REPEALED.
Status: repealed

§§655-4 and 655-5 REPEALED. L 1972, c 89, §6(c).
Haw. Rev. Stat. § 668-7 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-7
Powers of the court.
Status: in_force

[(a)] The court shall have power, subject to section 668-8.5:

(1) To hear, investigate, and determine any and all questions of conflicting or controverted titles or claims either as to the whole of the property or as to any share or interest therein, either with or without the intervention of a jury, as hereinafter provided;

(2) To remove clouds upon the title of the property or any share or interest therein;

(3) To vest titles by judgments, without the form or necessity of conveyance by minors or unknown or absent owners;

(4) To cause the property to be equitably divided between the parties according to their respective proportionate interests therein, as the parties agree, or by the drawing of lots;

(5) To set apart any particular portion or portions of land to any particular party or parties who by prior occupation or improvement or otherwise may be equitably entitled thereto, and make any proper adjustment or equalization thereof by the sale of other portions and the application of the proceeds for such purpose, or as a condition of any such particular allotment to require payment by the parties of any value of the portion set apart to them in excess of their proportionate interest in the value of the whole property;

(6) To divide and allot portions of the premises to some or all of the parties and order a sale of the remainder, or to sell the whole, where for any reason partition in kind would be impracticable in whole or in part or be greatly prejudicial to the parties interested, and by judgment or judgments to invest the purchaser or purchasers with title to any property sold, and use the proceeds to equalize the general partition; [and]

(7) To exercise any other power pertaining to a circuit court in a civil action.

[(b)] When partition of two or more separate tracts or parcels of land is sought, the whole share of any party in all of them may be set apart to the party in any one or more of the tracts or parcels. Any plan for a subdivision shall, before approval of the court, be subject to approval by the planning department of any county having laws and regulations covering subdivisions, applicable thereto. If action by the planning department on the proposed subdivision is unreasonably delayed, the court may order the planning department to appear and show cause why the subdivision should not be approved by the court. [L 1923, c 178, §7; RL 1925, §2767; RL 1935, §4746; am L 1939, c 242, §9; RL 1945, §12456; am L 1949, c 222, §12; RL 1955, §337-7; HRS §668-7; am L 1972, c 90, §11(f) to (j); gen ch 1985]
Haw. Rev. Stat. § 651-65 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-65
§§651-65 to 651-67 REPEALED.
Status: repealed

§§651-65 to 651-67 REPEALED. L 1976, c 136, §5.
Haw. Rev. Stat. § 658A-1 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-1
Definitions.
Status: in_force

In this chapter:

"Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.

"Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

"Court" means any district or circuit court of competent jurisdiction in this State, unless otherwise indicated. In cases involving arbitration subject to chapter 89, chapter 377, or the National Labor Relations Act, "court" means the circuit court of the appropriate judicial circuit.

"Knowledge" means actual knowledge.

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

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [L 2001, c 265, pt of §1; am L 2006, c 72, §2]
Haw. Rev. Stat. § 662-3 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-3
Jurisdiction.
Status: in_force

The circuit courts of the State and, except as otherwise provided by statute or rule, the state district courts shall have original jurisdiction of all tort actions on claims against the State, for money damages, accruing on and after July 1, 1957, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the State while acting within the scope of the employee's office or employment.
Haw. Rev. Stat. § 659-5 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-5
Answer.
Status: in_force

The person to whom the order is directed shall file the person's answer in writing, within the time limited by the order as determined by the court in its discretion, and state the authority under which the person claims to act.
Haw. Rev. Stat. § 667-51 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-51
Appeals.
Status: in_force

(a) Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable:

(1) A judgment entered on a decree of foreclosure, and if the judgment incorporates an order of sale or an adjudication of a movant's right to a deficiency judgment, or both, then the order of sale or the adjudication of liability for the deficiency judgment also shall be deemed final and appealable;

(2) A judgment entered on an order confirming the sale of the foreclosed property, if the circuit court expressly finds that no just reason for delay exists, and certifies the judgment as final pursuant to rule 54(b) of the Hawaii rules of civil procedure; and

(3) A deficiency judgment; provided that no appeal from a deficiency judgment shall raise issues relating to the judgment debtor's liability for the deficiency judgment (as opposed to the amount of the deficiency judgment), nor shall the appeal affect the finality of the transfer of title to the foreclosed property pursuant to the order confirming sale.

(b) An appeal shall be taken in the manner and within the time provided by the rules of court. [L 2003, c 89, §2]
Haw. Rev. Stat. § 658F-10 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-10
Saving clause.
Status: in_force

This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.
Haw. Rev. Stat. § 661-4 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-4
Action by alien, when.
Status: in_force

Aliens who are citizens or subjects of a government that accords to citizens of this State the right to prosecute claims against that government in its courts shall have the privilege of prosecuting claims against the State under this part.
Haw. Rev. Stat. § 663-4 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-4
Actions which survive death of wrongdoer or other person liable.
Status: in_force

All rights of action arising out of physical injury to the person or out of the death of a person as provided by section 663-3, shall survive, notwithstanding the death of the wrongdoer or any other persons who may be liable for damages for such physical injury or death.
Haw. Rev. Stat. § 658D-7 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-7
Certain legal authorities for international commercial disputes resolution.
Status: in_force

(a) A center shall not be considered a department, agency, or public instrumentality of this State, and shall not be subject to the laws of this State applying to departments, agencies, and public instrumentalities of this State, except that a center shall be subject to all of the laws of this State pertaining to nonprofit corporations.

(b) A center shall permit the participants to an arbitration to select any body of rules and procedures for the conduct, administration, and facilitation of that proceeding, whether such rules and procedures have been prepared by private arbitral organizations or created by the participants themselves or by the center.

(c) A center shall have the authority pursuant to this chapter to establish from time to time such rules and procedures for the conduct, administration, and facilitation of the resolution, whether by arbitration, mediation, conciliation, or otherwise, of all disputes subject to this chapter.

(d) In furtherance of the foregoing, a center shall have the authority pursuant to this chapter to adopt rules providing, without limitation and by way of illustration only, that any arbitral tribunal or other panel established pursuant to such rules shall:

(1) Determine the relevance and materiality of the evidence without the need to follow formal rules of evidence;

(2) Be able to utilize any lawful methods that it deems appropriate to obtain evidence additional to that produced by the parties;

(3) Issue subpoenas or other demands for the attendance of witnesses or for the production of books, records, documents, and other evidence;

(4) Be empowered to administer oaths, order depositions to be taken or other discovery obtained, without regard to the place where the witness or other evidence is located, and appoint one or more experts to report to it;

(5) Fix such fees for the attendance of witnesses as it deems appropriate; and

(6) Make awards of interest, reasonable attorney's fees, and costs of the arbitration, mediation, or conciliation as agreed to in writing by the parties or, in the absence of such agreement, as it deems appropriate.

(e) In exercising the powers conferred upon it by this chapter, such arbitral tribunal or other panel may apply for assistance from any court, tribunal, or governmental authority in any jurisdiction. Any application to a court hereunder shall be made and heard in a summary way in the manner provided for the making and hearing of motions, except as otherwise herein expressly provided. [L 1988, c 186, pt of §1]

Revision Note

Pursuant to §23G-15, in:

(1) Subsection (b), comma deleted after "organizations" and "or" added and comma deleted after "themselves";

(2) Subsection (d)(5), "and" added after ending punctuation;

(3) Subsection (d)(6), comma added after "fees", comma deleted after "parties", and comma added after "parties or"; and

(4) Subsection (e), comma deleted after "arbitral tribunal" and comma added after "court, tribunal".
Haw. Rev. Stat. § 659-4 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-4
Petition.
Status: in_force

The order is obtained by petition addressed to a circuit court, setting out facts sufficient to show a right to the order, and sworn to if the application is made by a private individual, or is made by the attorney general as provided by section 659-6.
Haw. Rev. Stat. § 652-2 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-2
Garnishee, rights, duties; collection by sheriff, deputy sheriff, police officer, or independent civil process server.
Status: in_force

(a) The garnishee, when summoned before judgment rendered against the garnishee's principal, if the garnishee desires, shall be admitted to defend the garnishee's principal in the action.

(b) If judgment is rendered in favor of the plaintiff, and likewise in all cases in which the garnishee is summoned after judgment, the garnishee fund, or any part thereof as may be sufficient for that purpose, shall be liable to pay the same. The plaintiff on praying out execution shall be entitled to have included in the execution an order directing the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 serving the same to make demand of the garnishee for the goods and effects of the defendant secured in the garnishee's hands, whose duty it will be to expose the same to be taken on execution, and also to make demand of the garnishee for the debt or wages secured in the garnishee's hands or the moneys held by the garnishee for safekeeping, or any part thereof as may satisfy the judgment. It shall be the duty of the garnishee to pay the same. If the garnishee has in any manner disposed of the goods and effects or does not expose and subject the same to be taken on execution, or if the garnishee does not pay to the sheriff, deputy sheriff, police officer, or independent civil process server when demanded, the debt, wages, or moneys held for safekeeping, the garnishee shall be liable to satisfy the judgment out of the garnishee's own estate, as the garnishee's own proper debt, if the goods, effects, debt, wages, or moneys held for safekeeping be of sufficient value or amount and, if not, then to the value of the same; provided that every garnishee, whether summoned before or after judgment, shall be allowed to retain or deduct from the goods, effects, and credits of the defendant in the garnishee's hands at the time of service all demands against the defendant of which the garnishee could have availed the garnishee's self if the garnishee had not been garnished, whether the same are at the time due or not, and whether by setoff on a trial or by setoff of judgments or executions between the garnishee and the defendant, and shall be liable only for the balance after adjustment of all mutual demands between the garnishee and the defendant; provided further that in the adjustment, no demands for unliquidated damages for wrongs or injuries shall be included; and provided further that the judgment shall show the amount of any setoff.

(c) No garnishee shall be liable to anyone for the nonpayment of any sum or for the nondelivery of any goods or effects when the garnishee in good faith believes, or has reason to believe, that garnishment or other process affects the same, though such be not the case, but this subsection shall not supersede section 652-9 where the same are applicable. [L 1876, c 35, §2; am L 1919, c 157, §2; am L 1921, c 66, §1; RL 1925, §2827; am L 1925, c 262, §2; am L 1927, c 96, §2; RL 1935, §4271; am L 1935, c 155, §1; RL 1945, §10302; RL 1955, §237-2; am L 1959, c 65, §2; HRS §652-2; am L 2013, c 116, §§14, 25(13); am L 2015, c 101, §4; am L 2021, c 41, §14 and c 230, §21; am L 2022, c 278, §17]
Haw. Rev. Stat. § 657-1.7 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-1.7
Civil action arising from sexual offenses against adult victims; certificate of merit.
Status: in_force

(a) For a period of two years commencing on July 1, 2024, a person who is a victim of sexual abuse that occurred after June 30, 2012, in the State when the person was eighteen years of age or older may file a claim in a circuit court of the State against the person who committed the act of sexual abuse if the victim is barred from filing a claim against the victim's abuser due to the expiration of the applicable civil statute of limitations that was in effect before July 1, 2024.

A claim may also be brought under this subsection 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.

(b) A civil cause of action for the sexual abuse of a person that occurred when the person was eighteen years of age or older shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V of chapter 707.

(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 prior to awarding attorney's fees under this section.

(d) In any civil action filed pursuant to subsection (a), 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, 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 (b). [L 2024, c 238, §1]
Haw. Rev. Stat. § 671-5 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-5
Reporting and reviewing medical tort claims.
Status: in_force

(a) Every self-insured health care provider, and every insurer providing professional liability insurance for a health care provider, shall report to the insurance commissioner the following information about any medical tort claim, known to the self-insured health care provider or insurer, that has been settled, arbitrated, or adjudicated to final judgment within ten working days following such disposition:

(1) The name and last known business and residential addresses of each plaintiff and claimant, whether or not each recovered anything;

(2) The name and last known business and residential addresses of each health care provider who was claimed or alleged to have committed a medical tort, whether or not each was a named defendant and whether or not any recovery was had against each;

(3) The name of the court in which any medical tort action, or any part thereof, was filed and the docket number;

(4) A brief description or summary of the facts upon which each claim was based, including the date of occurrence;

(5) The name and last known business and residential addresses of each attorney for any party to the settlement, arbitration, or adjudication, and identification of the party represented by each attorney;

(6) Funds expended for defense and plaintiff costs;

(7) The date and amount of settlement, arbitration award, or judgment in any matter subject to this subsection; and

(8) Actual dollar amount of award received by the injured party.

(b) The insurance commissioner shall forward the name of every health care provider, except a hospital and physician or an osteopathic physician or surgeon licensed under chapter 453 or a podiatrist licensed under chapter 463E, against whom a settlement is made, an arbitration award is made, or judgment is rendered to the appropriate board of professional registration and examination for review of the fitness of the health care provider to practice the health care provider's profession. The insurance commissioner shall forward the entire report under subsection (a) to the department of commerce and consumer affairs if the person against whom settlement or arbitration award is made or judgment rendered is a physician or osteopathic physician or surgeon licensed under chapter 453 or a podiatrist licensed under chapter 463E.

(c) A failure on the part of any self-insured health care provider to report as requested by this section shall be grounds for disciplinary action by the Hawaii medical board or the state health planning agency, as applicable. A violation by an insurer shall be grounds for suspension of its certificate of authority. [L 1976, c 219, pt of §2; am L 1983, c 223, §3; am L 1984, c 168, §17; am L 1985, c 197, §22; gen ch 1985; am L 1992, c 55, §3; am L 2008, c 9, §3; am L 2009, c 11, §68]
Haw. Rev. Stat. § 671-20 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-20
Annual report.
Status: in_force

The director of commerce and consumer affairs shall prepare and submit to the legislature annually, twenty days prior to the convening of each regular session, a report containing the director's evaluation of the operation and effects of this chapter. The report shall include a summary of the inquiries brought before the medical inquiry and conciliation panel and the disposition of those inquiries, a description and summary of the work of the panel under this chapter, an appraisal of the effectiveness of this chapter in securing prompt and fair disposition of inquiries regarding the rendering of professional services by health care providers that involved injury, death, or other damages to a patient, a review of the number and outcomes of inquiries brought under section 671-12, and recommendations for changes, modifications, or repeal of this chapter or parts thereof with accompanying reasons and data.
Haw. Rev. Stat. § 658H-13 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-13
Application to existing agreements or referrals.
Status: in_force

(a) This chapter shall govern a mediation pursuant to a referral for mediation or an agreement to mediate made on or after July 1, 2013.

(b) On or after January 1, 2014, this chapter shall govern an agreement to mediate whenever made. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 651C-8 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-8
Defenses, liability, and protection of transferee.
Status: in_force

(a) A transfer or obligation is not voidable under section 651C-4(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 651C-7(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:

(1) The first transferee of the asset or the person for whose benefit the transfer was made; or

(2) Any subsequent transferee other than a good-faith transferee who took for value or from any subsequent transferee.

(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

(1) A lien on or a right to retain any interest in the asset transferred;

(2) Enforcement of any obligation incurred; or

(3) A reduction in the amount of the liability on the judgment.

(e) A transfer is not voidable under section 651C-4(a)(2) or section 651C-5 if the transfer results from:

(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

(2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code.

(f) A transfer is not voidable under section 651C-5(b):

(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;

(2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or

(3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 673-1 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-1
Waiver of immunity.
Status: in_force

(a) The State waives its immunity for any breach of trust or fiduciary duty resulting from the acts or omissions of its agents, officers and employees in the management and disposition of trust funds and resources of:

(1) The Hawaiian home lands trust under article XII, sections 1, 2, and 3 of the Constitution of the State of Hawaii, implementing sections 4 and 5(f) of the Admission Act (Act of March 18, 1959, Public Law 86-3, 73 Stat. 4); and

(2) The native Hawaiian public trust under article XII, sections 4, 5, and 6 of the Constitution of the State of Hawaii implementing section 5(f) of the Admission Act;

and shall be liable in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for punitive damages.

(b) This waiver shall not apply to the following:

(1) The acts or omissions of the State's officers and employees, even though such acts or omissions may not realize maximum revenues to the Hawaiian home lands trust and native Hawaiian public trust, so long as each trust is administered in the sole interest of the beneficiaries; provided that nothing herein shall prevent the State from taking action which would provide a collateral benefit to nonbeneficiaries, but only so long as the primary benefits are enjoyed by beneficiaries, and the collateral benefits do not detract from nor reduce the benefits enjoyed by the beneficiaries;

(2) Any claim for which a remedy is provided elsewhere in the laws of the State; and

(3) Any claim arising out of the acts or omissions of the members of the board of trustees, officers and employees of the office of Hawaiian affairs, except as provided in section 10-16. [L 1988, c 395, pt of §2]
Haw. Rev. Stat. § 673-5 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-5
Attorney's fees and costs.
Status: in_force

(a) In any action under this chapter, the court shall, upon a specific finding that a non-prevailing party's claim or defense was frivolous, assess against such party and award to the prevailing party, and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees.

(b) In any action brought under this chapter in which there is no finding by the court that the claims pled were frivolous the court may, as it deems just, award to a prevailing plaintiff and enter as a part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees. [L 1988, c 395, pt of §2]
Haw. Rev. Stat. § 671-15.5 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-15.5
Expungement of records; malpractice insurance rates.
Status: in_force

(a) A health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if the panel agrees that the inquiry did not provide a sufficient basis to support the finding of a medical tort against the health care provider applying for expungement.

(b) No insurer providing professional liability insurance for a health care provider shall increase any premium rate for the health care provider on the basis of the filing of an inquiry involving the health care provider with the medical inquiry and conciliation panel unless an indemnity payment is made to the party initiating the inquiry or the party initiating the inquiry institutes litigation in a court of competent jurisdiction based on the circumstances of the inquiry. [L 1993, c 62, §1; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 667-9 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-9
Dower barred, when.
Status: in_force

If the mortgage was executed by a man having at the time no lawful wife, or if the mortgagor being married, his wife joined in the deed in token of her release of dower, the sale of the property in the mode aforesaid shall be effectual to bar all claim and possibility of dower in the property.
Haw. Rev. Stat. § 667-74 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-74
Availability of dispute resolution required before foreclosure.
Status: in_force

Before a public sale may be conducted pursuant to section 667-25 for a residential property that is occupied by an owner-occupant, the foreclosing mortgagee , at the election of the owner-occupant, shall participate in the mortgage foreclosure dispute resolution program under this part to attempt to negotiate an agreement that avoids foreclosure or mitigates damages in cases where foreclosure is unavoidable.
Haw. Rev. Stat. § 658B-13 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-13
Supplementary general principles of law.
Status: in_force

Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
Haw. Rev. Stat. § 667-2 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-2
Other mortgagees joined.
Status: in_force

All prior and subsequent mortgage creditors, whose names are or can be discovered by the party foreclosing a mortgage, shall be made parties to the action. [CC 1859, §1232; RL 1925, §2888; RL 1935, §4721; RL 1945, §12421; RL 1955, §336-2; HRS §667-2; am L 1972, c 90, §9(b)]
Haw. Rev. Stat. § 667-17 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-17
Attorney affirmation in judicial foreclosure.
Status: in_force

Any attorney who files on behalf of a mortgagee seeking to foreclose on a residential property under this part shall sign and submit an affirmation that the attorney has verified the accuracy of the documents submitted, under penalty of perjury and subject to applicable rules of professional conduct. The affirmation shall be filed with the court at the time that the action is commenced and shall be in substantially the following form:

" _____CIRCUIT COURT OF THE STATE OF HAWAII

_______________________________________________

Plaintiff,

AFFIRMATION

v.

Defendant(s)

Mortgaged Premises:

_____________________

______________________________________________
Haw. Rev. Stat. § 669-7 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-7
REPEALED.
Status: in_force

L 1972, c 90, §12(f).
Haw. Rev. Stat. § 652-10 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-10
Debts payable in future.
Status: in_force

If upon disclosure made on oath by the debtor it appears that the garnishee is indebted to the defendant, but that the debt is not payable and will not become due until some future time, then such judgment as the plaintiff may recover shall constitute a lien upon the debt until and at the time it becomes due and payable.
Haw. Rev. Stat. § 653-12 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-12
Certificate furnished garnishee.
Status: in_force

After trial or hearing of the action, either in the original or any appellate court, the party prevailing in the trial or hearing shall obtain from the court in or before which the trial or hearing was had, a certificate, which shall sufficiently describe the action to apprise the garnishee of its identity, and shall state the nature of the judgment if any rendered therein, whether any appeal from or exceptions to the judgment were noted at the time of rendering the judgment, or whether the action had been voluntarily withdrawn or discontinued, and the certificate shall be immediately furnished to the garnishee.
Haw. Rev. Stat. § 656-2 — HI Code / Division 4 / Title 36 / Chapter 656 / Section 656-2
Consideration need not be in writing.
Status: in_force

The consideration of any such promise, contract, or agreement, need not be set forth, or expressed, in the writing signed by the party to be charged therewith, but may be proved by any other legal evidence. [CC 1859, §1054; RL 1925, §2666; RL 1935, §3901; RL 1945, §8722; RL 1955, §190-2; HRS §656-2]
Haw. Rev. Stat. § 672E-12 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-12
Other actions.
Status: in_force

This chapter shall not interfere with a contractor's right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant.
Haw. Rev. Stat. § 651-123 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-123
Application of proceeds of sale.
Status: in_force

When the property thus taken is sold, which sale shall be subject to all prior liens and encumbrances, the proceeds of the sale thereof shall be applied in the following order of priority: first, to the defendant to the amount of the exemption, if any; second, to the satisfaction of the execution costs, attorney's and appraiser's fees, and any other fees that may necessarily arise; third, to the satisfaction of the lien under which the sale is made; fourth, to the discharge of any subsequent liens and encumbrances according to their priority; and fifth, the balance, if any, to the defendant. The sale shall operate to extinguish subsequent liens and encumbrances without forcing prior lienors and encumbrancers to their right of recovery.
Haw. Rev. Stat. § 668-14 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-14
Sales; auction, notice.
Status: in_force

All sales of any property in partition shall be made at public auction, after publication of notice with a brief description of the property to be sold, in at least one newspaper published in the State and having a general circulation in each circuit within which the property is situated, at least once in each of four successive weeks, the first publication to be not less than thirty days prior to the date of sale. The notice otherwise shall be in accordance with the direction or order of the court. All sales shall be subject to the approval of and confirmation by the court, and shall be promptly and fully reported by the commissioners to the court.
Haw. Rev. Stat. § 658A-22 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-22
Confirmation of award.
Status: in_force

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 658A-20 or 658A-24 or is vacated pursuant to section 658A-23.
Haw. Rev. Stat. § 663-1.3 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.3
"Ad damnum" clause prohibited.
Status: in_force

(a) Notwithstanding any other provision of law, in any action based on tort, including a medical tort as defined in section 671-1, to recover damages for personal injuries or wrongful death, no complaint, counterclaim, cross claim or third party claim nor any amendment to such pleadings shall specify the amount of damages prayed for but shall contain a prayer for general relief, including a statement that the amount of damages is within the minimum jurisdictional limits of the court in which the action is brought.

(b) If the complaint, counterclaim, cross claim or third party claim or any amendment to such pleadings contains a specified amount of damages, the claim, counterclaim, cross claim or third party claim shall be dismissed by the court without prejudice; provided that, upon the filing of a motion to dismiss a complaint on the grounds of specificity of damages, the court shall allow the pleading to be amended in lieu of dismissal at the request of the claimant. [L 1987, c 38, §1; am L 1988, c 83, §1]
Haw. Rev. Stat. § 658A-9 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-9
Initiation of arbitration.
Status: in_force

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice shall describe the nature of the controversy and the remedy sought.

(b) Unless a person objects for lack or insufficiency of notice under section 658A-15(c) before the beginning of the arbitration hearing, by appearing at the hearing the person waives any objection to lack of or insufficiency of notice. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 658A-20 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-20
Change of award by arbitrator.
Status: in_force

(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:

(1) Upon a ground stated in section 658A-24(a)(1) or (3);

(2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) To clarify the award.

(b) A motion under subsection (a) shall be made and notice given to all parties within twenty days after the movant receives notice of the award.

(c) A party to the arbitration proceeding shall give notice of any objection to the motion within ten days after receipt of the notice in subsection (b).

(d) If a motion to the court is pending under section 658A-22, 658A-23, or 658A-24, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(1) Upon a ground stated in section 658A-24(a)(1) or (3);

(2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) To clarify the award.

(e) An award modified or corrected pursuant to this section is subject to sections 658A-19(a), 658A-22, 658A-23, and 658A-24. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 660-26 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-26
Notice to attorney general, when.
Status: in_force

If the person is imprisoned on any criminal accusation, reasonable notice shall be given to the attorney general, or the attorney general's deputy, lawfully appointed, to appear and object if the attorney general or the attorney general's deputy thinks fit.
Haw. Rev. Stat. § 651C-1 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-1
Definitions.
Status: in_force

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

"Affiliate" means:

(1) A person who directly or indirectly owns, controls, or holds with power to vote, twenty or more per cent of the outstanding voting securities of the debtor, other than a person who holds the securities:

(A) As a fiduciary or agent without sole discretionary power to vote the securities; or

(B) Solely to secure a debt, if the person has not in fact exercised the power to vote;

(2) A corporation, twenty or more per cent of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by a person who directly or indirectly owns, controls, or holds with power to vote, twenty or more per cent of the outstanding voting securities of the debtor, other than a person who holds the securities:

(A) As a fiduciary or agent without sole discretionary power to vote the securities; or

(B) Solely to secure a debt, if the person has not in fact exercised the power to vote;

(3) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(4) A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

"Asset" means property of a debtor but does not include:

(1) Property to the extent that it is encumbered by a valid lien;

(2) Property to the extent that it is generally exempt under nonbankruptcy law; or

(3) An interest in property held in tenancy by the entireties to the extent that it is not subject to process by a creditor holding a claim against only one tenant.

"Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

"Creditor" means a person who has a claim against a debtor.

"Debt" means liability on a claim.

"Debtor" means a person against whom a creditor has a claim.

"Insider" includes:

(1) If the debtor is an individual:

(A) A relative of the debtor or of a general partner of the debtor;

(B) A partnership in which the debtor is a general partner;

(C) A general partner in a partnership described in subparagraph (B); or

(D) A corporation of which the debtor is a director, officer, or person in control;

(2) If the debtor is a corporation:

(A) A director of the debtor;

(B) An officer of the debtor;

(C) A person in control of the debtor;

(D) A partnership in which the debtor is a general partner;

(E) A general partner in a partnership described in subparagraph (D); or

(F) A relative of a general partner, director, officer, or person in control of the debtor;

(3) If the debtor is a partnership:

(A) A general partner of the debtor;

(B) A relative of a general partner in, of a general partner of, or of a person in control of the debtor;

(C) Another partnership in which the debtor is a general partner;

(D) A general partner in a partnership described in subparagraph (C); or

(E) A person in control of the debtor;

(4) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

(5) A managing agent of the debtor.

"Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, including a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

"Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.

"Property" means anything that may be the subject of ownership.

"Relative" means an individual related within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

"Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes a payment of money, a release, a lease, and the creation of a lien or encumbrance.

"Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. [L 1985, c 216, pt of §1]

Revision Note

The definition of "An 'insider'" changed to "Insider" pursuant to §23G-15.
Haw. Rev. Stat. § 667- — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-
79 Notification of opening a dispute resolution case; mortgagee's program fee.
Status: in_force

(a) If an owner-occupant elects to participate in the mortgage foreclosure dispute resolution program, the department shall open a dispute resolution case. Within twenty days of receipt of the owner-occupant's election form and fee in accordance with section 667-78, the department shall mail written notification of the case opening to the parties and , if applicable, the condominium or other homeowner association of the project where the owner-occupant's property is located, by registered mail, return receipt requested, which shall include:

(1) Notification of the date, time, and location of the dispute resolution session;

(2) An explanation of the dispute resolution process;

(3) Information about the dispute resolution program requirements; and

(4) Consequences and penalties for noncompliance.

The dispute resolution session shall be scheduled for a date no less than forty and no more than seventy days from the date of the notification of case opening, unless mutually agreed to by the parties and the neutral.

(b) Within fourteen days of the date of the mailing of the written notification, the mortgagee shall pay a program fee of $300 to the department.

(c) The written notification of a case opening under this section shall operate as a stay of the foreclosure proceeding in accordance with section 667-83 and may be recorded. [L 2011, c 48 , pt of §1 , §45( 2 ) ; am L 2012, c 182, §§ 43 , 49 ]A foreclosing mortgagee shall be bound by all agreements, obligations, representations, or inducements made on its behalf by its agents, including but not limited to its employees, representatives, mortgage servicers, or persons authorized by a foreclosing mortgagee or lender pursuant to an affiliate statement recorded in the bureau of convey ances pursuant to section 667-58 .(a) Within three days after a mortgagee serves a foreclosure notice on an owner-occupant pursuant to section 667-22, the mortgagee shall file the foreclosure notice with the department and pay a filing fee of $250, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86.

(b) A mortgagee who elects to publish a public notice of public sale electronically pursuant to section 667-27(d)(2)(A) shall publish the notice by filing the same with the department and paying a filing fee of $300, which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667-86. [L 2011, c 48 , pt of §1 , §45( 2 ) ; am L 2012, c 182, §§ 40 , 49 ][ §667- 20] Publication of notice of public sale . The foreclosing mortgagee or association in a foreclosure by action shall have the public notice of the public sale :

(1) Printed in not less than seven-point font and published in the classified section of a newspaper that is published at least weekly and having a general circulation in the county in which the mortgaged property or unit is located. The public notice shall be published once each week for three consecutive weeks, constituting three publications. The public sale shall take place no sooner than fourteen days after the date of the publication of the third public notice advertisement; or

(2) Not less than twenty-eight days before the date of the public sale, published on a state website at the discretion of the agency that maintains the website ; provided that the public notice shall be published at least once in the format described in paragraph (1) at least fourteen days prior to the public sale . [ L 2012, c 182, pt of §3( 3 ) , §§63, 69(5) ]

Revision Note

Subsection (a) designation deleted pursuant to §23G-15.§667- 5 .5 Foreclosure notice; planned communities; condominiums; cooperative housing projects. Notwithstanding any law or agreement to the contrary, any person who forecloses on a property under this part within a planned community, a condominium apartment or unit, or an apartment in a cooperative housing project shall notify, by registered or certified mail, the board of directors of the planned community association, the association of owners of the condominium project, or the cooperative housing project in which the property to be foreclosed is located, of the following:

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

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

The notice, at a minimum, shall identify the property, condominium apartment or unit, or cooperative apartment that is the subject of the foreclosure and identify the name or names of the person or persons bringing foreclosure proceedings. Paragraph (1) shall not apply if the planned community association, condominium association of owners, or cooperative housing corporation is a party in a foreclosure action. This section shall not affect civil proceedings against parties other than the planned community association, association of owners, or cooperative housing corporation. [L 1984, c 204, §1; am L 1988, c 166, §1; am L 2006, c 275, §2; am L 2008, c 28, §39; am L 2011, c 48, § 18; am L 2012, c 182, §13]
Haw. Rev. Stat. § 657D-24 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-24
Settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal prope
Status: in_force

Where a proceeding to foreclose a mortgage upon or to resume possession of personal property, or to rescind or terminate a contract for its purchase, has been stayed as provided in this chapter, the court, unless in its opinion an undue hardship would result to the dependents of the person in the military service, may appoint three disinterested parties to appraise the property and, based upon the report of the appraisers, order that sum, if any, as may be just, paid to the person in military service or the person's dependent, as the case may be, as a condition of foreclosing the mortgage, resuming possession of the property, or rescinding or terminating the contract.
Haw. Rev. Stat. § 664-10 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-10
Powers of commissioner; procedure.
Status: in_force

Each commissioner of boundaries shall have power to administer oaths, to punish contempts, to grant adjournments, to subpoena and compel the attendance of witnesses and the production of books and papers, to issue execution for costs, and generally to exercise the same authority in regard to the commissioner's special jurisdiction as is by law conferred upon circuit courts. The Hawaii rules of civil procedure shall apply to proceedings under this part, except insofar as and to the extent that the rules are inconsistent with the provisions of this part.

Revision Note

In the first sentence, the comma after "attendance of witnesses" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 667-19 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-19
Association foreclosures; cure of default; payment plan.
Status: in_force

If a foreclosure by action is initiated by an association pursuant to section 421J-10.5 or 514B-146:

(1) At the time of the commencement of the foreclosure by action, the association shall serve the unit owner with written contact information for approved housing counselors and approved budget and credit counselors;

(2) A unit owner may cure the default within sixty days after service of the association's complaint for foreclosure by action 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, along with any additional amounts estimated to be incurred by the foreclosing association;

(3) A unit owner may submit a payment plan within thirty days after service of the association's complaint for foreclosure by action. 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'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 paragraph, "reasonable payment plan" means a plan that provides for:

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

(B) 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;

(4) 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 pursuant to paragraph (2) or timely submits a payment plan pursuant to paragraph (3), any foreclosure by action 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;

(5) If the default is cured pursuant to paragraph (2), the association shall dismiss the foreclosure by action. If the parties have agreed on a payment plan pursuant to paragraph (3), the association shall stay the foreclosure by action. Within fourteen days of the date of the cure or an agreement on a payment plan, the association shall notify any person who was served as a result of the foreclosure by action that the action has been dismissed or stayed, as the case may be. If a notice of pendency of action for the foreclosure by action was recorded, a release of the notice of pendency of action shall be recorded if the action is dismissed; and

(6) If the default is not cured pursuant to paragraph (2), or the parties have not agreed on a payment plan pursuant to paragraph (3), the association may continue to foreclose the association's lien under foreclosure by action. [ L 2012, c 182, pt of §3( 3 ) ; am L 2017, c 181, §41 ]
Haw. Rev. Stat. § 660-7 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-7
Order to show cause in lieu of writ.
Status: in_force

The court or judge to whom the complaint is made may issue an order directing the person by whom the party is imprisoned or restrained, to appear and show cause for the imprisonment or restraint at such time as the court shall direct, but not later than five days from the date of the order to show cause; provided that whenever the record shows that there is a material issue of fact to be resolved by the taking of evidence the court shall order that the person detained be produced for the hearing.
Haw. Rev. Stat. § 661-30 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-30
[ §661-30] Relief from retaliatory actions.
Status: in_force

[ §661-30] Relief from retaliatory actions. (a) Notwithstanding any law to the contrary, any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment, contract, or agency relationship because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under section 661-25 or other efforts to stop or address any conduct described in section 661-21(a).

(b) Relief under subsection (a) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An action for relief from retaliatory actions under subsection (a) may be brought in the appropriate court of this State for the relief provided in this part.

(c) An action for relief from retaliatory actions under subsection (a) shall be brought within three years of the retaliatory conduct upon which the action is based. [L 2012, c 294, pt of §5]
Haw. Rev. Stat. § 669-4 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-4
§§669-4 and 669-5 REPEALED.
Status: repealed

§§669-4 and 669-5 REPEALED. L 1972, c 90, §12(f).
Haw. Rev. Stat. § 658A-19 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-19
Award.
Status: in_force

(a) An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.

(b) An award shall be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 666-15 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-15
§§666-15 to 666-19 REPEALED.
Status: repealed

§§666-15 to 666-19 REPEALED. L 1972, c 90, §8(h).
Haw. Rev. Stat. § 672E-2 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-2
Applicability.
Status: in_force

[§672E-2 Applicability.] All claimants filing an action alleging construction defects shall comply with this chapter; provided that this chapter shall not apply to any actions that include claims for personal injury or death.
Haw. Rev. Stat. § 666-21 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-21
Rent trust fund.
Status: in_force

(a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subsection (c), and in the case of a proceeding in which a rent increase is in issue, the amount of the rent prior to the increase; provided that the tenant shall not be required to deposit any rent where the tenant can show to the court's satisfaction that the rent has already been paid to the landlord; provided further that if the parties had executed a written instrument agreeing that the rent could be withheld or deducted, the court shall not require the tenant to deposit rent into the fund. No deposit of rent into the fund ordered under this section shall affect the tenant's rights to assert either that payment of rent was made or that any grounds for nonpayment of rent exist under this chapter.

(b) If the tenant is unable to comply with the court's order under subsection (a) in paying the required amount of rent to the court, the landlord shall have judgment for possession and 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, ordering the sheriff, deputy sheriff, police officer, or independent civil process server to remove all persons and possessions from the premises, and to put the landlord, or the landlord's agent, into full possession of the premises.

(c) The court in which the dispute is being heard shall accept and hold in trust any rent deposited under this section and shall make payments out of money collected as provided in this section. The court shall order payment of the money collected or portion thereof to the landlord if the court finds that the rent is due and has not been paid to the landlord and that the tenant did not have any basis to withhold, deduct, or otherwise set off the rent not paid. The court shall order payment of the money collected or portion thereof to the tenant if the court finds that the rent is not due or has been paid, or that the tenant had a basis to withhold, deduct, or otherwise set off the rent not paid.

(d) The court, upon finding that either the landlord or the tenant raised the issue of payment or nonpayment of rent in bad faith, shall order that person to pay the other party reasonable interest on the rent deposited into the trust. [L 1984, c 211, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §11; am L 2013, c 116, §§19, 25(18); am L 2015, c 101, §4; am L 2021, c 41, §19; am L 2022, c 278, §17]
Haw. Rev. Stat. § 651-33 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-33
Bond for expenses on execution.
Status: in_force

Upon the petition of the sheriff, deputy sheriff, or police officer to whom an execution has been directed, showing that the levy and sale required by the execution will involve unusual expense to the officer and that the officer may be unable to collect such expense from the proceeds of the sale or from the defendant, the judge of the court issuing the execution may upon a hearing of the petition direct the person beneficially interested in the execution to tender to the officer a cash or surety bond in an amount determined as proper by the judge, conditioned that, if the levying officer is unable to collect the levying officer's reasonable charges and expenses from the proceeds of the property levied upon or from the defendant, the person beneficially interested in the execution will pay the same. The petition shall be heard upon citation and order to show cause duly served upon the interested person. In the event the order is not complied with, such officer may decline to levy upon or sell the property of any person against whose property the execution has been issued.
Haw. Rev. Stat. § 653-15 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-15
Actions, precedence.
Status: in_force

In case of successive actions being brought against any beneficiary, in which any portion of the beneficiary's salary, stipend, or wages is sought to be sequestered, as provided herein, precedence shall be given by the garnishee to one whose process is first served upon the garnishee; and if two or more such processes are simultaneously served upon the garnishee, they shall be entitled to precedence in the order of the priority of their issue by the court or courts from which they respectively emanated, subject to section 653-16.
Haw. Rev. Stat. § 663J-7 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-7
Statute of limitations.
Status: in_force

(a) A claim under this chapter shall not be brought against a person, business, business owner, or business operator more than ten years after an act of coercion into sexual exploitation or an act of sex trafficking by that person.

(b) The limitation period provided for in this chapter shall be tolled:

(1) During the minority of the individual who engages in sexual exploitation; or

(2) Any time there is a criminal offense investigation being actively conducted against the defendant by a governmental agency or there is a criminal offense charge, information, or indictment pending against the defendant. [L 1999, c 203, pt of §2; am L 2013, c 247, §2; am L 2016, c 206, §8; am L 2025, c 20, §9]
Haw. Rev. Stat. § 663-13 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-13
Judgment against one tortfeasor.
Status: in_force

The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors.
Haw. Rev. Stat. § 662D-2 — HI Code / Division 4 / Title 36 / Chapter 662D / Section 662D-2
Scope of immunity.
Status: in_force

(a) A volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:

(1) The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity;

(2) The damage or injury was caused by the volunteer's negligent conduct; and

(3) With respect to a nonprofit organization, nonprofit corporation, or hospital, the entity for which the volunteer was acting either:

(A) Has a general liability policy in force, both at the time of injury and at the time the claim is made against the entity, and the minimum coverage is in an amount of not less than: $200,000 per occurrence and $500,000 aggregate; or

(B) Has total assets, exclusive of grants and allocations, of less than $50,000.

(b) In any suit against a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity for civil damages based upon the negligent act or omission of a volunteer, proof of the act or omission shall be sufficient to establish the responsibility of the entity therefor under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (a). [L 1997, c 351, pt of §2]
Haw. Rev. Stat. § 667 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667
‑52] Buyer's choice of title insurer and escrow agent.
Status: in_force

[§667‑52] Buyer's choice of title insurer and escrow agent. (a) In connection with a judicial foreclosure or foreclosure by power of sale of residential property improved by four or fewer dwelling units, no foreclosing mortgagee or mortgagee who acquires the property through a foreclosure proceeding shall require, directly or indirectly, as a condition of selling the property, that the buyer purchase an owner's title insurance policy covering the property or escrow service in connection with the sale of the property from a particular title insurer or escrow depository. This section shall not prohibit a buyer from agreeing to accept the services of a title insurer or an escrow depository recommended by the foreclosing mortgagee or mortgagee who acquires the property through the foreclosure proceeding if written notice of the right to make an independent selection of those services is first provided to the buyer by the foreclosing mortgagee or mortgagee who acquires the property through the foreclosure proceeding.

(b) A foreclosing mortgagee or mortgagee who acquires the property through a foreclosure proceeding who violates this section shall be liable to a buyer in an amount equal to three times all charges incurred in the purchase of the title insurance or escrow service.

(c) A transaction subject to this section shall not be invalidated solely because of the failure of any person to comply with any provision of this section. [L 2010, c 36, §1][ §667 -20.1] Postponement, cancellation of sale. (a) The public sale may be either postponed or canceled by the court-appointed commissioner . Notice of the postponement or the cancellation of the public sale shall be:

(1) Announced by the court-appointed commissioner at the date, time, and place of the last scheduled public sale; and

(2) Provided to :

(A) The mortgagor, the borrower, and the foreclosing mortgagee;

(B) Any prior or junior creditors who have a recorded lien on the mortgaged property before the commencement of the foreclosure action; and

(C) Any party named in the foreclosure action and any prospective bidder who requested notice of the public sale date or any change in the public sale date.

(b) If there is a postponement of the public sale of the mortgaged property, the court-appointed commissioner shall have a new public notice of the public sale published once in the format described in section 667-2 0 . 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 rescheduled date of the public sale, a copy of the new public notice of the rescheduled public sale 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, the borrower, the foreclosing mortgagee, and any other person entitled to receive notification of the foreclosure action under subsection (a)(2) .

(c) Upon the fourth postponement of every series of four consecutive postponements, the court-appointed commissioner shall follow all of the public notice of public sale requirements of section 667-2 0 . [L 2013, c 181, §2]
Haw. Rev. Stat. § 657-35 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-35
Extension of time by death.
Status: in_force

If the person first entitled to make the entry or bring the action dies during the continuance of any of the disabilities mentioned in section 657‑34, the entry may be made or the action brought by that person's heirs, or any other person claiming from, by, or under the person first entitled to make the entry or bring the action, at any time within five years after that person's death, notwithstanding the twenty years have expired.
Haw. Rev. Stat. § 651-47 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-47
Levy on and execution sale of investment securities; garnishment the proper procedure when the security is subject to right of possession of third par
Status: in_force

(a) A security or any share or other interest evidenced thereby which is outstanding and not in the possession of a third party who has a security interest, lien, or right of retention therein which entitled the third party to possession shall be levied upon under a writ of execution by being actually seized by the officer executing the writ.

At any time after the issuance of the writ, upon application of the judgment creditor or the officer executing the writ and upon due notice to the defendant or other person having possession of the security without being entitled thereto under a security interest, lien, or right of retention, the court or judge may summarily direct the defendant or such other person so having possession of the security to produce the same and deliver it to the officer.

In the case of a levy for execution, the security levied upon shall be advertised for sale and sold in the manner provided in section 651-43. After the sale the levying officer shall deliver to the purchaser the security endorsed or assigned by the levying officer as the agent of the judgment debtor, which delivery and endorsement or assignment shall entitle the purchaser to all the right, title, and interest of the judgment debtor in the security and to registration of the transfer as provided in chapter 490, the Uniform Commercial Code, article 8. This subsection shall apply to any security which is either within the State or which is in the possession of an owner or other person subject to the jurisdiction of this State.

(b) A security or any share or other interest evidenced thereby which is outstanding and in the possession of a person who is entitled to such possession under a security interest or lien or other right of retention therein shall be reached by garnishment as provided in chapter 652. [L 1927, c 269, pt of §1; RL 1935, §4150; am L 1939, c 76, §1; RL 1945, §10177; RL 1955, §233-46; am L 1966, c 18, §7; HRS §651-47; gen ch 1985]
Haw. Rev. Stat. § 668-15 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-15
Conveyances and payments in partition; possession and guaranty.
Status: in_force

The title of every claimant to any share or interest in the property shall be shown to the satisfaction of the court before any conveyance in partition is made to the party of the portion or portions of the land allotted to the share or interest, or before payment to the party of the corresponding portion of the proceeds of sale thereof; provided that 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, and the court has in the general partition made an allotment of a portion or portions of the land, or in case of a sale in partition has allotted a part of the proceeds in respect of the share, for the benefit and account of the legal owner or owners of the share under section 668-10, the court may authorize the claimant to enter into and take possession of the portion or portions of land so allotted on account of the share, or to receive such share of proceeds, upon the claimant first giving security in such form and amount as is satisfactory to the court that in the event that any other person or persons prosecute any adverse claim thereto in the action within ten years after the filing of the court's order (of which order a certified copy shall be recorded in the bureau of conveyances in Honolulu) and prove such adverse claim, the claimant as the possessory holder, or the claimant's heirs or assigns, will surrender the possession of the land to the legal owner or owners thereof and account and make restitution for the rents, issues, and profits thereof, or, as to such fund that the claimant or the claimant's heirs, or personal representatives will refund and repay the same to the court or to its order with legal interest thereon. In either case, if no claim to the land or fund is made by any other party within the ten years, and successfully established, the title and right of the possessory holder shall become absolute as by prescription, subject to any legal suspension or extension of the prescriptive period in favor of any person under any legal disability as in other cases of prescription.
Haw. Rev. Stat. § 657-24 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-24
Periodic payments of damages.
Status: in_force

In any action in tort involving the State, any political subdivision of the State, or any governmental agency as a tortfeasor where a final judgment is obtained of more than $1,000,000, the State, political subdivision, or governmental agency has the option of paying that portion of the award in excess of $1,000,000 by periodic payments for a period not to exceed five years. The periodic payments shall include interest on the unpaid balance at the rate specified in section 478-3. A proposed periodic payment plan shall be submitted by the State, political subdivision, or governmental agency to the court in a post judgment hearing for final approval. The court shall approve or order modification of the plan based upon the facts and circumstances of the case and the needs of the parties. [L Sp 1986, c 2, §14]

Revision Note

Section "478-3" substituted for "478-2" pursuant to §23G-15.
Haw. Rev. Stat. § 663E-11 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-11
Statute of limitations.
Status: in_force

(a) A claim under this chapter may not be brought against a person more than four years after that person participated in the illegal drug market.

(b) The limitation period provided for in this chapter is tolled during any time there is a criminal drug offense investigation conducted against the defendant by a governmental agency or there is a criminal drug offense charge, information, or indictment pending against defendant. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 674-11 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-11
Subsequent litigation; excluded evidence.
Status: in_force

No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any legal proceeding. No opinion, conclusion, finding, or recommendation of the panel on the issue of liability, or on the issue of compensation, or corrective action shall be admitted into evidence in any legal proceeding, nor shall any party to the panel hearing, or the counsel, or other representative of the party, refer to or comment thereon in any opening statement, any argument, or at any other time, to any court or jury.
Haw. Rev. Stat. § 676 — HI Code / Division 4 / Title 36 / Chapter 676 / Section 676
‑6] General provisions construction.
Status: in_force

[§676‑6] General provisions construction. (a) The provisions of this chapter may not be waived by any payee.

(b) Any transfer agreement entered into on or after May26, 2006, by a payee who resides in this State shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this State. No transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:

(1) Periodically confirming the payee's survival; and

(2) Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.

(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this chapter.

(e) Nothing contained in this chapter shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to May26, 2006, is valid or invalid.

(f) Compliance with the requirements set forth in section 676‑2 and fulfillment of the conditions set forth in section 676‑3 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [L 2006, c 146, pt of §1]

Revision Note

"May 26, 2006," substituted for "the effective date of this Act".[§676‑4] Effects of transfer of structured settlement payment rights. Following a transfer of structured settlement payment rights under this chapter:

(1) The structured settlement obligor and the annuity issuer, as to all parties except the transferee, shall be discharged and released from any and all liability for the transferred payments;

(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:

(A) For any taxes incurred by the parties as a consequence of the transfer, if the transfer contravenes the terms of the structured settlement; and

(B) For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by the parties with the order of the court or responsible administrative authority, or arising as a consequence of the transferee's failure to comply with this chapter;

(3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and

(4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter. [L 2006, c 146, pt of §1][§676‑1] Definitions. As used in this chapter, unless the context otherwise requires:

"Annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement.

"Dependents" include a payee's spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony.

"Discounted present value" means the present value of future payments, determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.

"Gross advance amount" means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from the consideration.

"Independent professional advice" means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser.

"Interested party" means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under the structured settlement.

"Net advance amount" means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under section 676‑2(5).

"Payee" means an individual who is receiving tax free payments under a structured settlement and proposes to make a transfer of the payment rights.

"Periodic payments" includes both recurring payments and scheduled future lump sum payments.

"Qualified assignment agreement" means an agreement providing for a qualified assignment within the meaning of section 130 of the United States Internal Revenue Code, United States Code title 26, as amended from time to time.

"Responsible administrative authority" means, with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by the structured settlement.

"Settled claim" means the original tort claim resolved by a structured settlement.

"Structured settlement" means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim.

"Structured settlement agreement" means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement.

"Structured settlement obligor" means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.

"Structured settlement payment rights" means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

(1) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this State;

(2) The structured settlement agreement was approved by a court or responsible administrative authority in this State; or[§676‑2] Required disclosures to payee. Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen points, setting forth:

(1) The amounts and due dates of the structured settlement payments to be transferred;

(2) The aggregate amount of the payments in paragraph (1);

(3) The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating the discounted present value;

(4) The gross advance amount;

(5) An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any of the fees and disbursements stated in this paragraph;

(6) The net advance amount;

(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and

(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee. [L 2006, c 146, pt of §1][§676‑5] Procedure for approval of transfers. (a) An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in any court or before any responsible administrative authority:

(1) In the county in which the payee resides;

(2) In the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business; or

(3) That approved the structured settlement agreement.

(b) To apply for approval of a transfer of structured settlement payment rights under section 676‑3, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include:

(1) A copy of the transferee's application;

(2) A copy of the transfer agreement;

(3) A copy of the disclosure statement required under section 676‑2;

(4) A listing of each of the payee's dependents, together with each dependent's age;

(5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

(6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application shall be filed, to be considered by the court or responsible administrative authority; provided that the written responses shall be filed not less than fifteen days after service of the transferee's notice. [L 2006, c 146, pt of §1][§676‑3] Approval of transfers of structured settlement payment rights. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based upon express findings by the court or responsible administrative authority that:

(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;

(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and

(3) The transfer does not contravene any applicable statute or the order of any court or other government authority. [L 2006, c 146, pt of §1]ents under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

(1) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this State;

(2) The structured settlement agreement was approved by a court or responsible administrative authority in this State; or

(3) The structured settlement agreement is expressly governed by the laws of this State.

"Terms of the structured settlement" include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved the structured settlement.

"Transfer" means any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; provided that the term "transfer" shall not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest, or otherwise to enforce the blanket security interest against the structured settlement payment rights.

"Transfer agreement" means the agreement providing for a transfer of structured settlement payment rights.

"Transferee" means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.

"Transfer expenses" means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorneys fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary. "Transfer expenses" shall not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer. [L 2006, c 146, pt of §1]
Haw. Rev. Stat. § 658H-12 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-12
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001 et seq.; provided that this chapter shall not modify, limit, or supersede section 101(c) of that Act or authorize electronic delivery of any of the notices described in section 103(b) of that Act.
Haw. Rev. Stat. § 663-9.1 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-9.1
Exception of animal owners to civil liability.
Status: in_force

(a) As used in this section:

"Enter or remain unlawfully" means to be in or upon premises when the person is not licensed, invited, or otherwise privileged to be upon the premises. A person is not licensed or privileged to enter or remain in or upon premises if a warning or warnings have been posted that are reasonably adequate to warn other persons that an animal is present on the premises. A person who, regardless of the person's intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. A person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege, unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

"Intentionally" shall have the same meaning as in section 702-206(1).

"Knowingly" shall have the same meaning as in section 702-206(2).

"Premises" includes any building or portion thereof or any real property owned, leased, or occupied by the owner or harborer of an animal.

(b) Notwithstanding sections 663-1 and 663-9, any owner or harborer of an animal shall not be liable for any civil damages resulting from actions of the animal occurring in or upon the premises of the owner or harborer where the person suffering either personal or property damage as a proximate result of the actions of the animal is found by the trier of fact intentionally or knowingly to have entered or remained in or upon such premises unlawfully.

(c) Notwithstanding sections 663-1 and 663-9, any owner or harborer of an animal shall not be liable for any civil damages resulting from actions of the animal where the trier of fact finds that:

(1) The animal caused such damage as a proximate result of being teased, tormented, or otherwise abused without the negligence, direction, or involvement of the owner or harborer; or

(2) The use of the animal to cause damage to person or property was justified under chapter 703. [L 1980, c 218, §3; gen ch 1985; am L 2017, c 12, §71]
Haw. Rev. Stat. § 651-68 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-68
Proceedings on execution; appraisers; expiration of lien, result.
Status: in_force

When an execution for the enforcement of a judgment is levied upon real or personal property for which an exemption is authorized under subpart B or C, the judgment creditor may at any time within sixty days thereafter apply to the court for the appointment of a person or persons to appraise the value thereof. If such application is not made within sixty days after the levy of such execution the lien of the execution shall cease at the expiration of such period, and no execution based upon the same judgment shall thereafter be levied upon the real or personal property.
Haw. Rev. Stat. § 658D-6 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-6
Consent to jurisdiction.
Status: in_force

Conducting arbitration in this State, or making a written agreement to arbitrate which provides for arbitration within this State subject to this chapter, shall constitute a consent by the parties to that arbitration or undertaking to the exercise of in personam jurisdiction by the circuit courts of this State but only for the purposes of such arbitration.
Haw. Rev. Stat. § 651-48 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-48
Same, penalty.
Status: in_force

Any owner or holder of any certificate of stock which has been levied upon by virtue of an execution who sells or otherwise voluntarily disposes of the certificate of stock without consent of the judgment creditor, or order of the court, or who, upon demand of the levying officer, refuses to surrender the certificate of stock, except to assert or maintain the owner's or holder's rights as a pledgee, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 668-9 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-9
Unknown and absent owners.
Status: in_force

The court shall in all cases provide for the protection of the interests of all unknown owners and other owners served under [section] 634-23 or 634-24 who do not appear in the action, in the same manner as far as may be as if they were known and had appeared in the action. In every case their rights must appear to the satisfaction of the court, but the court may consider them together in the action without considering them separately. The ascertained share of any such owner in any proceeds of sale shall be paid into court for the owner's benefit, subject to disposition according to law. If there are any unknown owners of any share or interest, or any other owners served under sections 634-23 or 634-24 who do not appear in the action, the court shall have power in making the general partition to allot and set apart for such share such a portion or portions of the property as the owners thereof would respectively be entitled to receive in the partition were they known and had appeared in the action. The portion so set apart for such share shall thereafter alone be the subject of ownership by such owner if the owner has been served. The remaining portions of the property shall be regarded as belonging to the other parties interested therein.
Haw. Rev. Stat. § 663J-6 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-6
Joinder of parties.
Status: in_force

(a) In the discretion of the court, two or more individuals may join in one action under this chapter as plaintiffs if their respective actions involve a person, business, business owner, or business operator who coerced the individuals into sexual exploitation, subjected the individuals to sex trafficking, or profited from coercing the individuals into sexual exploitation or subjecting the individuals to sex trafficking.

(b) In the discretion of the court, two or more persons may be joined in one action under this chapter as defendants if those persons may be liable to at least one plaintiff. [L 1999, c 203, pt of §2; am L 2016, c 206, §7; am L 2025, c 20, §8]
Haw. Rev. Stat. § 674-13 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-13
Legal adviser.
Status: in_force

The panel, in accordance with section 28-8.3, shall obtain its own legal counsel to provide legal services necessary to implement the purposes of this chapter.
Haw. Rev. Stat. § 667-29 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-29
Authorized bidder; successful bidder.
Status: in_force

Any person, including the foreclosing mortgagee, may bid for the mortgaged property at the public sale and purchase the mortgaged property. 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 mortgaged property is declared by the foreclosing mortgagee 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 foreclosing mortgagee of not less than ten per cent of the highest successful bid price; provided that if the successful bidder loses the bid to an eligible bidder pursuant to section 667-29.5, the downpayment shall be refunded. If the successful bidder is the foreclosing mortgagee or any other mortgagee having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23, the downpayment requirement may be satisfied by offset and a credit bid up to the amount of the mortgage debt.
Haw. Rev. Stat. § 664-8 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-8
Appeal.
Status: in_force

Any party aggrieved by the decision of the commissioner of boundaries may appeal therefrom to the intermediate appellate court, subject to chapter 602, within thirty days from the rendition of the decision, and within the period shall pay all costs accrued and shall pay or deposit costs for appeal as provided in sections 607-5, 607-6, and 607-7; provided that any land owner absent from the State and not represented by an authorized agent within the State shall have the right of appeal for one year from the rendition of the decision.
Haw. Rev. Stat. § 653-5 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-5
Complaint.
Status: in_force

The creditor of such beneficiary may bring the creditor's action against the creditor's debtor, and in the creditor's complaint allege, to the best of the creditor's knowledge:

(1) The office or employment held or pursued by the beneficiary, in or under what department, board, or bureau of government or subdivision of the State, where the beneficiary is resident and where chiefly so employed;

(2) The amount of the monthly salary, wages, or stipend or the annual salary of the beneficiary; and

(3) The name of the officer through whom the beneficiary is accustomed or entitled to draw the beneficiary's salary, stipend, wages, or annuity. [L 1890, c 50, §3; am L 1903, c 53, §2; am L 1921, c 66, §1; RL 1925, §2848; RL 1935, §4294; RL 1945, §10325; RL 1955, §238-5; HRS §653-5; gen ch 1985]

Revision Note

In paragraph (2), "and" added after ending punctuation pursuant to §23G-15.
Haw. Rev. Stat. § 652-6 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-6
Same.
Status: in_force

Section 652-5 shall extend to successive persons and to the State or any political or municipal subdivision thereof, other than the original garnishee, employing the judgment debtor, until the judgment debt has been fully discharged.
Haw. Rev. Stat. § 651-13 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-13
Attached property; sale of.
Status: in_force

If any of the property attached is perishable, or in danger of serious and immediate waste or decay, the police officer shall sell the same in the manner in which property is sold on execution. Whenever it is made to appear satisfactorily to the court or judge that the interest of the parties to the action will be subserved by a sale of any attached property, the court or judge may order the property to be sold in the same manner as like property sold under execution. The order shall be made only upon notice to the adverse party or the adverse party's attorney in case such party has been personally served with a summons in the action.
Haw. Rev. Stat. § 667-4 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-4
Defenses.
Status: in_force

The mortgagor, or any subsequent mortgagee, may defend the action for foreclosure, and may show any matter in legal or equitable avoidance of the mortgage. [CC 1859, §1234; RL 1925, §2890; RL 1935, §4723; RL 1945, §12423; RL 1955, §336-4; HRS §667-4; am L 1972, c 90, §9(d)]
Haw. Rev. Stat. § 657D-63 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-63
Reinstatement of health insurance coverage upon release from service.
Status: in_force

(a) A person who, by reason of service in the state military forces is entitled to the rights and benefits of this chapter, shall be entitled upon release from such military service to reinstatement of any health insurance which was:

(1) In effect on the day before service commenced; and

(2) Terminated effective on a date during the period of service.

(b) An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage for a health or physical condition of a person under subsection (a), or a health or physical condition for any other person who is covered by the insurance by reason of the coverage of such person, if:

(1) The condition arose before or during that person's period of training or service in the state military forces;

(2) An exclusion or waiting period would not have been imposed for the condition during a period of coverage [or] participation by such person in the insurance; and

(3) The condition of such person has not been determined by the adjutant general to be a disability incurred or aggravated in the line of duty, within the meaning of [title] 38 United States Code section 105.

(c) Subsection (a) does not apply in the case of employer-offered insurance benefits in which a person referred to in such subsection is entitled to participate pursuant to [title] 38 United States Code section 2021 et seq. [L 1994, c 257, pt of §2]

Revision Note

Subsection (a) designation added pursuant to §23G-15.
Haw. Rev. Stat. § 660-33 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-33
Discharge, effect of.
Status: in_force

No person who has been discharged upon a writ of habeas corpus shall be again imprisoned or restrained for the same cause, unless the person is indicted therefor, or convicted thereof, or committed for want of bail, by some court of record, having jurisdiction of the cause, or unless after a discharge for default of proof, or for some material default in the commitment in a criminal case, the person is again arrested on sufficient proof, and committed by legal process, for the same offense.