Haw. Rev. Stat. § 659-3 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-3
Forfeiture of franchise.
Status: in_force

The several circuit courts shall have jurisdiction of all proceedings in, or in the nature of, quo warranto, brought by or in the name of the public utilities commission, or the State, for the forfeiture of the franchise of any corporate body offending against any law relating to such corporation, for misuser, for nonuser, for doing or committing any act or acts amounting to a surrender of its charter and for exercising rights not conferred upon it.
Haw. Rev. Stat. § 665-5 — HI Code / Division 4 / Title 36 / Chapter 665 / Section 665-5
Claim to proceeds.
Status: in_force

Any person claiming the proceeds of sale of escheated property may present the person's claim by commencing an action in the circuit court of the first circuit. Service shall be made upon the attorney general who may appear and defend on behalf of the State. If the court renders a judgment in favor of the plaintiff, the director of finance shall pay the proceeds to the plaintiff, with interest as allowed by the court, not to exceed six per cent a year.
Haw. Rev. Stat. § 667-33 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-33
Recordation of affidavit, conveyance document; effect.
Status: in_force

(a) The affidavit required under section 667-32 and the conveyance document shall be recorded no earlier than ten days after the public sale is held but not later than forty-five days after the public sale is held. The affidavit and the conveyance document may be recorded separately and on different days. After the recordation, the foreclosing mortgagee shall mail or deliver a recorded copy to those persons entitled to receive the public notice of the public sale under section 667-27(c).

(b) When both the affidavit and the conveyance document are recorded:

(1) The sale of the mortgaged property is considered completed;

(2) All persons claiming by, through, or under the mortgagor and all other persons having liens on the mortgaged property junior to the lien of the foreclosing mortgagee shall be forever barred of and from any and all right, title, interest, and claims at law or in equity in and to the mortgaged property and every part of the mortgaged property, except as otherwise provided by law;

(3) The lien of the foreclosing mortgagee and all liens junior in priority to the lien of a foreclosing mortgagee shall be automatically extinguished from the mortgaged property; and

(4) The purchaser shall be entitled to immediate and exclusive possession of the mortgaged property.

(c) The mortgagor and any person claiming by, through, or under the mortgagor and who is remaining in possession of the mortgaged property after the recordation of the affidavit and the conveyance document shall be considered a tenant at sufferance subject to eviction or ejectment. The purchaser may bring an action in the nature of summary possession under chapter 666, ejectment, or trespass or may bring any other appropriate action in a court where the mortgaged property is located to obtain a writ of possession, a writ of assistance, or any other relief. In any such action, the court shall award the prevailing party its reasonable attorney's fees and costs and all other reasonable fees and costs, all of which are to be paid for by the non-prevailing party. [L 1998, c 122, pt of §1 ; am L 2012, c 182, §23]
Haw. Rev. Stat. § 651-93 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-93
Effect of separation, divorce, reconciliation.
Status: in_force

Following the entry of a decree of separate maintenance or an interlocutory decree of divorce, each spouse may claim a separate real property exemption under this part as a person. A subsequent reconciliation of the spouses when evidenced by a dismissal of the divorce action or vacation of the decree of separate maintenance executed by both spouses or their attorneys of record shall cancel a separate claim for a real property exemption and the spouses shall only have one real property exemption.
Haw. Rev. Stat. § 663-12 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-12
Right of contribution; accrual; pro rata share.
Status: in_force

[(a)] The right of contribution exists among joint tortfeasors.

[(b)] A joint tortfeasor is not entitled to a money judgment for contribution until the joint tortfeasor has by payment discharged the common liability or has paid more than the joint tortfeasor's pro rata share thereof.

[(c)] A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.

[(d)] When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in determining their pro rata shares, subject to section 663-17. [L 1941, c 24, §2; RL 1945, §10488; RL 1955, §246-11; HRS §663-12; am L 1972, c 144, §2(g); gen ch 1985]
Haw. Rev. Stat. § 653-16 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-16
Same; priority of payments.
Status: in_force

The order of precedence established by section 653-15 shall not be disturbed by the fact of a later action being carried to final judgment sooner than the earlier in point of such service upon the garnishee, but in such case the garnishee shall pay or cause to be paid on account of the earlier judgment only such sums as are payable upon the judgment from the amounts which shall thereafter become due and payable to the beneficiary. All amounts sequestered on account of the earlier action shall be held to await the result thereof, when, if final judgment passes against the beneficiary, the amount sequestered and held shall be applied in payment of the judgment. In case such amounts do not suffice to satisfy the judgment, then all judgments obtained in later actions shall be again postponed to that in the earlier action, until it is satisfied.
Haw. Rev. Stat. § 657-6 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-6
Four years; causes arising in foreign jurisdiction, etc.
Status: in_force

Subject to section 657-9, actions for the recovery of any debt founded upon any contract, obligation, or liability, where the cause of action has arisen in any foreign jurisdiction including actions on judgments or decrees rendered in any court not a court of record in any foreign jurisdiction but not such as are brought upon the judgment or decree of a court of record, shall be commenced within four years after the cause of action accrued, and not after.
Haw. Rev. Stat. § 651-124 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-124
Pension money exempt.
Status: in_force

The right of a debtor to a pension, annuity, retirement or disability allowance, death benefit, any optional benefit, or any other right accrued or accruing under any retirement plan or arrangement described in section 401(a), 401(k), 403(a), 403(b), 408, 408A, 409 (as in effect prior to January 1, 1984), 414(d), or 414(e) of the Internal Revenue Code of 1986, as amended, or any fund created by the plan or arrangement, or any ABLE savings account established pursuant to chapter 256B, shall be exempt from attachment, execution, seizure, the operation of bankruptcy or insolvency laws under title 11 United States Code section 522(b), or under any legal process. However, this section shall not apply to:

(1) A "qualified domestic relations order" as defined in section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, or in section 414(p) of the Internal Revenue Code of 1986, as amended; and

(2) Contributions made to a plan or arrangement within the three years before the date a debtor files for bankruptcy, whether voluntary or involuntary, or within three years before the date a civil action is initiated against the debtor, except for contributions to a retirement plan established by state statute if the effect would be to eliminate a state employee's retirement service credit. [L 1986, c 289, §1; am L 2004, c 34, §1; am L 2005, c 152, §2; am L 2015, c 206, §3; am L 2016, c 55, §32]
Haw. Rev. Stat. § 667-11 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-11
§§667-11 to 667-13 REPEALED.
Status: repealed

§§667-11 to 667-13 REPEALED. L 1972, c 90, §9(k).
Haw. Rev. Stat. § 663J-2 — HI Code / Division 4 / Title 36 / Chapter 663J / Section 663J-2
Definitions.
Status: in_force

As used in this chapter:

"Business" includes a transient accommodation or any other commercial activity.

"Coerce" means to use or threaten to use any form of domination, restraint, or control for the purpose of causing an individual to engage in or remain in sexual exploitation or to relinquish earnings derived from sexual exploitation. Coercion exists if the totality of the circumstances establish the existence of domination, restraint, or control that would have the reasonably foreseeable effect of causing an individual to engage in or remain in sexual exploitation or to relinquish earnings derived from sexual exploitation.

"Sex trafficking" means any act included under section 712-1202 or 712-1203.

"Sexual exploitation" has the same meaning as "prostitution" as that offense is described in section 712-1200. [L 1999, c 203, pt of §2; am L 2016, c 206, §4; am L 2025, c 20, §4]
Haw. Rev. Stat. § 673-9 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-9
Inapplicability to share of office of Hawaiian affairs.
Status: in_force

This chapter shall not apply to suits in equity or law brought by or on behalf of the office of Hawaiian affairs in which the matters in controversy involve the proportionate share of ceded land or special fund revenues allocated to the office of Hawaiian affairs by the legislature.
Haw. Rev. Stat. § 658A-14 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-14
Immunity of arbitrator; competency to testify; attorney's fees and costs.
Status: in_force

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this State acting in a judicial capacity.

(b) The immunity afforded by this section supplements any immunity under other law.

(c) The failure of an arbitrator to make a disclosure required by section 658A-12 does not cause any loss of immunity under this section.

(d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and shall not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this State acting in a judicial capacity. This subsection does not apply:

(1) To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or

(2) To a hearing on a motion to vacate an award under section 658A-23(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.

(e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 667-99 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-99
Successful bidder's failure to comply; forfeiture of downpayment.
Status: in_force

If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within forty-five days after the public sale is held, the downpayment shall be forfeited by that bidder. The forfeited downpayment shall be credited by the association first towards the association's attorney's fees and costs, then towards the fees and costs of the power of sale foreclosure, and any balance towards the moneys owed to the association. The association, in its discretion, may then accept the bid of the next highest bidder who meets the requirements of the terms and conditions of the public sale or may begin the public sale process again.
Haw. Rev. Stat. § 658A-18 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-18
Judicial enforcement of pre-award ruling by arbitrator.
Status: in_force

If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 658A-19. A prevailing party may make a motion to the court for an expedited order to confirm the award under section 658A-22, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award under section 658A-23 or 658A-24.
Haw. Rev. Stat. § 674-20 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-20
No implied liability or award.
Status: in_force

In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought under this part except upon legal evidence that would establish liability against an individual or corporation.
Haw. Rev. Stat. § 653-6 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-6
Garnishee summons.
Status: in_force

(a) Any provision to the contrary notwithstanding, no garnishee summons shall be issued before judgment until the creditor upon motion and after hearing has proved to the satisfaction of the court any of the following allegations:

(1) That the defendant debtor is not a resident of the State and may depart from the State within six months from the date of filing of the action;

(2) That the defendant debtor has departed from the State;

(3) That the defendant debtor has left the county of the defendant debtor's residence with intent to avoid service of summons; or

(4) That the defendant debtor, although a resident of the State, intends to depart from the State and remain absent therefrom for a period in excess of nine months.

If the ruling of the court is in favor of the creditor on any of the allegations above enumerated before judgment or if the creditor has received judgment in the creditor's favor on the creditor's complaint, the creditor may then request the court issuing the garnishee summons to direct that service of a true and attested copy be made in any of the manners described under section 653-7 upon the comptroller of the State, or of the political or municipal subdivision of the State, or other officer through whom the salary, stipend, or wages of the debtor is sought to be attached, who shall be referred to as the garnishee for purposes of this chapter.

(b) In any action brought in the district court by a creditor upon a debtor, the creditor, ten days after judgment rendered in the creditor's favor, in lieu of requesting the issuance of a garnishee summons, may file a certified copy of the judgment and the creditor's affidavit as to the amount due and unpaid on account of the judgment with the comptroller of the State, or of the political or municipal subdivision of the State or other officers through whom the salary, stipend, or wages of the judgment debtor is paid, and upon that filing the comptroller or other officer shall withhold from the wages of the judgment debtor the amounts provided in section 652-1(a) subject to payment in good faith as provided in section 652-1(f) and pay the same to the judgment creditor. [L 1890, c 50, §4; am L 1903, c 53, §3; am L 1921, c 66, §1; RL 1925, §2849; RL 1935, §4295; RL 1945, §10326; RL 1955, §238-6; am L 1959, c 65, §6; am L 1961, c 167, §4; am L 1963, c 85, §3; HRS §653-6; gen ch 1985; am L 1989, c 123, §5 and c 211, §10; am L 1990, c 281, §11; am L 1992, c 82, §3]
Haw. Rev. Stat. § 652-12 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-12
Payment by garnishee, effect.
Status: in_force

The taking of any goods or effects of any debtor, or the payment of any debt due the debtor as aforesaid, or payment made by, or execution levied upon the garnishee upon any such proceeding as aforesaid, shall be a valid discharge to the garnishee as against the judgment debtor to the amount paid or levied, although such proceeding may be set aside or the judgment may be reversed.
Haw. Rev. Stat. § 663-1.54 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.54
Recreational activity liability.
Status: in_force

(a) Any person who owns or operates a business providing recreational activities to the public, such as, without limitation, scuba or skin diving, sky diving, bicycle tours, and mountain climbing, shall exercise reasonable care to ensure the safety of patrons and the public, and shall be liable for damages resulting from negligent acts or omissions of the person which cause injury.

(b) Notwithstanding subsection (a), owners and operators of recreational activities shall not be liable for damages for injuries to a patron resulting from inherent risks associated with the recreational activity if the patron participating in the recreational activity voluntarily signs a written release waiving the owner or operator's liability for damages for injuries resulting from the inherent risks. No waiver shall be valid unless:

(1) The owner or operator first provides full disclosure of the inherent risks associated with the recreational activity; and

(2) The owner or operator takes reasonable steps to ensure that each patron is physically able to participate in the activity and is given the necessary instruction to participate in the activity safely.

(c) The determination of whether a risk is inherent or not is for the trier of fact. As used in this section an "inherent risk":

(1) Is a danger that a reasonable person would understand to be associated with the activity by the very nature of the activity engaged in;

(2) Is a danger that a reasonable person would understand to exist despite the owner or operator's exercise of reasonable care to eliminate or minimize the danger, and is generally beyond the control of the owner or operator; and

(3) Does not result from the negligence, gross negligence, or wanton act or omission of the owner or operator. [L 1997, c 129, §1]
Haw. Rev. Stat. § 662-15 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-15
Exceptions.
Status: in_force

This chapter shall not apply to:

(1) Any claim based upon an act or omission of an employee of the State, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state officer or employee, whether or not the discretion involved has been abused;

(2) Any claim arising in respect of the assessment or collection of any tax, or the detention of any goods or merchandise by law enforcement officers;

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

(4) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights;

(5) Any claim arising out of the combatant activities of the Hawaii National Guard and Hawaii state defense force during time of war, or during the times the Hawaii National Guard is engaged in federal service pursuant to section 316, 502, 503, 504, 505, or 709 of title 32 of the United States Code;

(6) Any claim arising in a foreign country; or

(7) Any claim arising out of the acts or omissions of any boating enforcement officer. [L 1957, c 312, pt of §1; Supp, §245A-15; HRS §662-15; am L 1972, c 164, §2(e); am L 1979, c 195, §2; am L 1986, c 173, §1; am L 1987, c 192, §1; am L 1988, c 135, §1; am L 1991, c 272, §15; am L 1998, c 213, §2; am L 1999, c 115, §§4, 11; am L 2004, c 10, §10]
Haw. Rev. Stat. § 666-13 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-13
Effect of writ.
Status: in_force

Whenever a writ is issued for the removal of any tenant, the contract for the use of the premises, if any exists, and the relation of landlord and tenant between the parties, shall be deemed to be canceled and annulled. [CC 1859, §945; RL 1925, §2786; RL 1935, §4023; RL 1945, §10412; RL 1955, §240-13; HRS §666-13]
Haw. Rev. Stat. § 658A-25 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-25
Judgment on award; attorney's fees and litigation expenses.
Status: in_force

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.

(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.

(c) On application of a prevailing party to a contested judicial proceeding under section 658A-22, 658A-23, or 658A-24, the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 657-14 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-14
Disability to exist at accrual of action.
Status: in_force

No person shall avail oneself of any disability enumerated in this part, unless the disability existed at the time the right of action accrued. [CC 1859, §1046; RL 1925, §2649; RL 1935, §3920; RL 1945, §10431; RL 1955, §241-13; HRS §657-14; am L 1972, c 105, §1(g); gen ch 1985]
Haw. Rev. Stat. § 667-77 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-77
Notification to mortgagor by department.
Status: in_force

Within ten days after the mortgagee's filing of a notice of default and intention to foreclose with the department, the department shall mail a written notification by registered or certified mail to the mortgagor that a notice of default and intention to foreclose has been filed with the department. The notification shall inform the mortgagor of an owner-occupant's right to elect to participate in the foreclosure dispute resolution program and shall include:

(1) Information about the mortgage foreclosure dispute resolution program;

(2) A form for an owner-occupant to elect or to waive participation in the mortgage foreclosure dispute resolution program pursuant to this part that shall contain instructions for the completion and return of the form to the department and the department's mailing address;

(3) A statement that the mortgagor electing to participate in the mortgage foreclosure dispute resolution program shall provide a certification under penalty of perjury to the department that the mortgagor is an owner-occupant of the subject property, including a description of acceptable supporting documentation as required by section 667-78(a)(2);

(4) A statement that the owner-occupant shall elect to participate in the mortgage foreclosure dispute resolution program pursuant to this part no later than thirty days after the department's mailing of the notice or the owner-occupant shall be deemed to have waived the option to participate in the mortgage foreclosure dispute resolution program;

(5) A description of the information required under section 667-80(c)(2) that the owner-occupant shall provide to the mortgagee and the neutral assigned to the dispute resolution;

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

(7) Contact information for all approved housing counselors;

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

(9) Contact information for the department.

The notification shall be mailed to the subject property address and any other addresses for the mortgagor as provided in the mortgagee's notice of dispute resolution under section 667 - 75 and the foreclosure notice under section 667-22(a). [L 2011, c 48 , pt of §1 , §45( 2 ) ; am L 2012, c 182, §§ 41 , 49 ]
Haw. Rev. Stat. § 667-102 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-102
Recordation of affidavit, conveyance document; effect.
Status: in_force

(a) The affidavit required under section 667-101 and the conveyance document shall be recorded no earlier than ten days after the public sale is held but not later than forty-five days after the public sale is held. The affidavit and the conveyance document may be recorded separately and on different days. After the recordation, the association shall mail or deliver a recorded copy to those persons entitled to receive the public notice of the public sale under section 667-96(c).

(b) When both the affidavit and the conveyance document are recorded:

(1) The sale of the unit is considered completed;

(2) All persons claiming by, through, or under the unit owner and all other persons having liens on the unit junior to the lien of the association shall be forever barred of and from any and all right, title, interest, and claims at law or in equity in and to the unit and every part of the unit, except as otherwise provided by law;

(3) The lien of the association and all liens junior in priority to the lien of a n association shall be automatically extinguished from the unit; and

(4) The purchaser shall be entitled to immediate and exclusive possession of the unit.

(c) The unit owner and any person claiming by, through, or under the unit owner and who is remaining in possession of the unit after the recordation of the affidavit and the conveyance document shall be considered a tenant at sufferance subject to eviction or ejectment. The purchaser may bring an action in the nature of summary possession under chapter 666, ejectment, or trespass or may bring any other appropriate action in a court where the unit is located to obtain a writ of possession, a writ of assistance, or any other relief. In any such action, the court shall award the prevailing party its reasonable attorneys' fees and costs and all other reasonable fees and costs, all of which are to be paid for by the non-prevailing party. [L 2012, c 182, pt of §3(2)]
Haw. Rev. Stat. § 672E-4 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-4
Rejection of claim; opportunity to repair construction defect.
Status: in_force

(a) The contractor rejects a claimant's claim of construction defects by:

(1) Serving the claimant with a written rejection of the claim; or

(2) Failing to respond pursuant to subsection (b)(1) or (2) to the notice of claim within thirty days after service.

(b) The contractor, within thirty days after service of the notice of claim, shall serve the claimant and any other contractor that has received the notice of claim with a written response to the alleged construction defect that:

(1) Offers to settle without inspecting the construction defect by:

(A) Monetary payment;

(B) Making repairs; or

(C) Both subparagraphs (A) and (B); or

(2) Proposes to inspect the premises of the alleged construction defect that is the subject of the claim.

(c) Within thirty days following any proposal for inspection under subsection (b)(2), the claimant shall accept a contractor's proposal to inspect. After accepting the contractor's proposal to inspect, the claimant and contractor shall agree on a time and date for the inspection, which shall occur within thirty days of the claimant's acceptance of the contractor's proposal to inspect, unless the claimant and contractor agree to a later date. The claimant shall provide reasonable access to the dwelling or premises during normal working hours to:

(1) Inspect the premises;

(2) Document any alleged construction defects; and

(3) Perform any testing required to evaluate the nature, extent, and cause of the asserted construction defect, and the nature and extent of any repair or replacement that may be necessary to remedy the asserted construction defect;

provided that if the claimant is an association under chapter 514B, the claimant shall have forty-five days to provide access. If access to an individual condominium unit is necessary, and the association is unable to obtain access, then the association shall have a reasonable time to provide access. If destructive testing is required, the contractor shall give advance notice of tests and return the premises to its pre-testing condition. If inspection or testing reveals a condition that requires additional testing to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for additional testing. The claimant shall provide additional access to the dwelling or premises. If a claim is asserted on behalf of owners of multiple dwellings, or multiple owners of units within a multi-family complex, the contractor shall be entitled to inspect each of the dwellings or units.

(d) Inspections and testing performed pursuant to this section shall be completed within nine months of the contractor's request to inspect, unless the parties agree or the court orders otherwise.

(e) Within fourteen days following the inspection and testing, the contractor shall serve on the claimant a written:

(1) Offer to fully or partially remedy the construction defect at no cost to the claimant. The offer shall include a description of construction necessary to remedy the construction defect and a timetable for the completion of the additional construction;

(2) Offer to settle the claim by monetary payment;

(3) Offer for a combination of repairs and monetary payment; or

(4) Statement that the contractor will not proceed further to remedy the construction defect.

(f) Upon receipt of the offer made under subsection (b)(1) or (e)(1), (2), or (3), the claimant may, within thirty or forty-five days, whichever applies pursuant to section 672E-5(a), accept the offer and authorize the contractor to proceed with any repairs offered under subsection (b)(1) or (e)(1) or (3), or deny the offer.

(g) Any offer of settlement under this section shall reference this section, and shall state that a claimant's failure to respond with a written notice of acceptance or rejection within thirty or forty-five days, whichever applies pursuant to section 672E-5(a), shall mean that the offer is rejected. Failure to serve a written offer or statement under this section shall be deemed a statement that the contractor will not proceed further. [L 2004, c 119, pt of §2; am L 2008, c 28, §40; am L 2017, c 181, §44; am L 2025, c 308, §3]
Haw. Rev. Stat. § 657-19 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-19
Extension by injunction.
Status: in_force

Whenever the commencement of any action is stayed by an injunction of any court, the time during which the injunction is in force shall not be deemed any portion of the time limited in this part or section 663-3 for the commencement of the action. [CC 1859, §1043; RL 1925, §2653; RL 1935, §3924; RL 1945, §10435; RL 1955, §241-18; HRS §657-19; am L 1972, c 105, §1(k)]
Haw. Rev. Stat. § 658F-4 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-4
Standards for recognition of foreign-country judgment.
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), a court of this State shall recognize a foreign-country judgment to which this chapter applies.

(b) A court of this State may not recognize a foreign-country judgment if:

(1) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2) The foreign court did not have personal jurisdiction over the defendant; or

(3) The foreign court did not have jurisdiction over the subject matter.

(c) A court of this State need not recognize a foreign-country judgment if:

(1) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

(2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

(3) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this State or of the United States;

(4) The judgment conflicts with another final and conclusive judgment;

(5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;

(6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

(7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

(8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists. [L 2009, c 34, pt of §1]
Haw. Rev. Stat. § 657D-25 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-25
Termination of residential or motor vehicle leases by lessees.
Status: in_force

(a) This section applies to:

(1) Any lease of premises occupied for a dwelling, or for professional, business, agricultural, or similar purposes in any case in which:

(A) The lease was executed by or on the behalf of a person who, after the execution of the lease, entered military service; and

(B) The leased premises have been occupied for one or more of those purposes by the person or by the person and the person's dependents; and

(2) A lease of a motor vehicle used, or intended to be used, by a person or the person's dependents for personal or business transportation who, after the execution of the lease, entered military service.

(b) Any lease described in subsection (a) may be terminated by notice in writing delivered to the lessor or the lessor's grantee or to one of their agents by the lessee at any time following the date of the beginning of the lessor's or the lessor's grantee's period of military service. Delivery of the notice may be made by mailing it.

(c) Termination of any lease providing for monthly payment of rent shall not be effective until thirty days after the date on which the next rental payment is due and payable following the date of delivery or mailing of the notice. In the case of all other leases, termination shall be effected on the last day of the month following the month in which the notice is delivered or mailed and in such case any unpaid rental for a period preceding termination shall be computed pro rata and any rental paid in advance for a period succeeding termination shall be refunded by the lessor or the lessor's assignee. Upon application by the lessor to the appropriate court prior to the termination period provided for in the notice, any relief granted in this subsection shall be subject to such modifications or restrictions the court may find in the interests of justice and equity.

(d) Termination of a motor vehicle lease is effective only upon return of the motor vehicle by the lessee to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee), not later than fifteen days after the date of the delivery of written notice under subsection (b). Lease amounts for a lease described in subsection (a)(2) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.

(e) Any person who knowingly seizes, holds, or retains the personal effects, clothing, furniture, or other property of any person who has lawfully terminated a lease covered by this section, or in any manner interferes with the removal of such property from the premises covered by such lease, for the purpose of subjecting or attempting to subject any such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be guilty of a misdemeanor. [L 1994, c 257, pt of §2; am L 2019, c 77, §6]
Haw. Rev. Stat. § 657-7.5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-7.5
Third-party defendants, time in which plaintiff may amend.
Status: in_force

When a defendant, against whom action has been timely brought, brings in a third-party defendant who is or may be liable to the defendant or to the plaintiff for all or part of the plaintiff's claim against the defendant, plaintiff within thirty days after the date of filing of the third-party defendant's answer, may assert against the third-party defendant any claim, arising out of the original transaction or occurrence that is also the subject matter of the third-party plaintiff's claim against the third-party defendant, which would have been timely if the third-party defendant had been joined originally as a defendant, notwithstanding any statutory period of limitations otherwise applicable to plaintiff's claim. Nothing herein shall preclude the plaintiff from asserting any claim which the plaintiff might have asserted without the benefit of this section.
Haw. Rev. Stat. § 652-2.6 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-2.6
Effect of service.
Status: in_force

(a) In case of service upon the garnishee, the certificate of service or, if by mail, a copy of the return receipt provided by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 shall be prima facie proof of the service.

(b) For purposes of this chapter, service is effective from the time when the summons is handed to or left in the office of the garnishee, or reaches the garnishee or the garnishee's office by mail. [L 1992, c 82, pt of §1; am L 2013, c 116, §§16, 25(15); am L 2015, c 101, §4; am L 2021, c 41, §16; am L 2022, c 278, §17]
Haw. Rev. Stat. § 657D-27 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-27
Extension of benefits to dependents.
Status: in_force

Dependents of a person in military service shall be entitled to the benefits accorded to persons in military service under this part upon application to a court therefor, unless in the opinion of the court the ability of these dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the military service of the person upon whom the applicants are dependent.
Haw. Rev. Stat. § 667-94 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-94
Cure of default.
Status: in_force

(a) If the default is cured as required by the notice of default and intention to foreclose, the association shall rescind the notice of default and intention to foreclose. If, pursuant to section 667-92(c), the parties agree on a payment plan to cure the default, the notice of default and intention to foreclose shall be put on hold until the payment plan is completed. Within fourteen days of the date of the cure or an agreement on a payment plan, the association shall so notify any person who was served with the notice of default and intention to foreclose. If the default is cured, or the payment plan is completed according to its terms, and the notice of default and intention to foreclose was recorded, a release of the notice of default and intention to foreclose shall be recorded.

(b) If the default is not cured as required by the notice of default and intention to foreclose, the parties have not agreed on a payment plan, or the parties have agreed on a payment plan but a default occurs under the payment plan, the association, without filing a court action and without going to court, may foreclose the association's lien under power of sale to sell the unit at a public sale.

(c) If the parties have agreed on a payment plan to prevent a foreclosure from proceeding, any unpaid fines the association imposes on the unit owner while the payment plan is in effect shall not be deemed a default under the payment plan. As long as the unit owner is not otherwise in default under the payment plan, the:

(1) Association shall notify the unit owner in writing of the right to mediation;

(2) Fines and any attorneys' fees incurred with respect to such fines shall not be deducted from the unit owner's payments pursuant to the payment plan; and

(3) Parties shall attempt to resolve a dispute over fines and attorneys' fees, if any, through mediation, within thirty days of the association's written notice.

If the unit owner refuses to participate in mediation or defaults under the payment plan, or the parties are unable to resolve the dispute through mediation, the association may then commence foreclosure proceedings. [L 2012, c 182, pt of §3(2); am L 2018, c 195, §§2, 6; am L 2020, c 56, §2]
Haw. Rev. Stat. § 651-34 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-34
Time within which execution shall be returnable.
Status: in_force

All executions and alias executions issued by or from any court shall be made returnable within sixty days from the date thereof. [CC 1859, §1018; am L 1917, c 16, §1; RL 1925, §2438; RL 1935, §4137; RL 1945, §10164; RL 1955, §233-33; HRS §651-34; am L 1970, c 188, §39]
Haw. Rev. Stat. § 658A-23 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-23
Vacating award.
Status: in_force

(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:

(1) The award was procured by corruption, fraud, or other undue means;

(2) There was:

(A) Evident partiality by an arbitrator appointed as a neutral arbitrator;

(B) Corruption by an arbitrator; or

(C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(3) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 658A-15, so as to prejudice substantially the rights of a party to the arbitration proceeding;

(4) An arbitrator exceeded the arbitrator's powers;

(5) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 658A-15(c) not later than the beginning of the arbitration hearing; or

(6) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 658A-9 so as to prejudice substantially the rights of a party to the arbitration proceeding.

(b) A motion under this section shall be filed within ninety days after the movant receives notice of the award pursuant to section 658A-19 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 658A-20, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion shall be made within ninety days after the ground is known or by the exercise of reasonable care would have been known by the movant.

(c) If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing shall be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4), or (6), the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator shall render the decision in the rehearing within the same time as that provided in section 658A-19(b) for an award.

(d) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 671-4 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-4
Notice of damages.
Status: in_force

(a) In any medical tort action, the party against whom the complaint, counterclaim, or cross-claim is made at any time may request a statement setting forth the nature and amount of the damages sought. The request shall be served upon the complainant, counterclaimant, or cross-claimant who shall serve a responsive statement as to the damages within fifteen days thereafter. In the event a response is not served, the requesting party may petition the court with notice to the other parties, to order the appropriate party to serve a responsive statement.

(b) If no request is made for a statement setting forth the nature and amount of damages sought, the complainant, counterclaimant, or cross-claimant, as the case may be, shall give notice to the other of the amount of special and general damages sought to be recovered, either before a default may be taken, or in the event an answer is filed, at least sixty days prior to the date set for trial. [L 1976, c 219, pt of §2; am L 1980, c 232, §36; am L 1992, c 55, §2]
Haw. Rev. Stat. § 657D-43 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-43
Income taxes; collection deferred; interest; statute of limitations.
Status: in_force

[(a)] The collection from any person in the state military forces of any tax on the income of such person pursuant to chapter 235, whether falling due prior to or during the person's period of military service, shall be deferred for a period of not more than sixty days after the termination of the person's period of military service if such person's ability to pay such tax is materially impaired by reason of the service. No interest on any amount of tax, collection of which is deferred for any period under this section, and no penalty for nonpayment of such amount during such period, shall accrue for such period of deferment by reason of nonpayment. The running of any statute of limitations against the collection of such tax by distraint or otherwise shall be suspended for the period of military service of any person whose tax collection is deferred under this section, and for an additional period of sixty days beginning with the day following the period of military service.

[(b)] The provisions of this section shall not apply to the retention or recovery of debt under sections 231-51 to 231-59. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 663E-2 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-2
Recovery of damages.
Status: in_force

(a) One or more of the following persons may bring an action to recover for damages caused by an individual's use of an illegal drug:

(1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;

(2) An individual who was exposed to an illegal drug in utero;

(3) An employer of the individual drug user;

(4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user; or

(5) A person injured as a result of the intentional, knowing, reckless, or negligent actions of an individual drug user.

(b) A person entitled to bring an action under this section may seek damages from one or more of the following:

(1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, the illegal drug that was used by the individual drug user;

(2) A person who knowingly participated in the illegal drug market, but only if:

(A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;

(B) The defendant's participation in the illegal drug market was involved with the same type of illegal drug used by the individual drug user; and

(C) The defendant participated in the illegal drug market at any time during the individual drug user’s period of illegal drug use.

(c) A person entitled to bring an action under this section may recover all of the following damages:

(1) Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss associated with the illegal drug use;

(2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses associated with an individual’s use of an illegal drug;

(3) Exemplary damages;

(4) Reasonable attorney's fees; and

(5) Costs of suit, including but not limited to reasonable expenses for expert testimony. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 674-19 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-19
Limitation on actions.
Status: in_force

Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999.
Haw. Rev. Stat. § 660-14 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-14
For person of unknown name.
Status: in_force

The person to be produced shall be designated by the person's name, if known, and if that is not known or is uncertain, the person may be designated in any other manner, so that it can be known who is the person intended.
Haw. Rev. Stat. § 663E-7 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-7
Comparative responsibility.
Status: in_force

(a) An action by an individual drug user shall be governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.

(b) The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.

(c) Comparative responsibility shall not be attributed to a plaintiff who is not an individual drug user. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 651-50 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-50
Liability for exceeding powers.
Status: in_force

The officer serving any execution shall act upon the officer's own private accountability, for all excesses of the officer's official powers, and for any departure from the legal import of the writ or mandate in the officer's hands. [CC 1859, §1028; RL 1925, §2452; RL 1935, §4153; RL 1945, §10180; RL 1955, §233-49; HRS §651-50; gen ch 1985]
Haw. Rev. Stat. § 660-20 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-20
Body to be produced, except when.
Status: in_force

The person making the return to a writ of habeas corpus shall bring the body of the person, if in the custody or power of the person making the return, or under the restraint or control of the person making the return, according to the command in the writ, unless prevented by the sickness or infirmity of the person. This shall not prevent the person making the return, if a private person, from demanding in advance actual necessary expenses of travel and transportation.