Haw. Rev. Stat. § 671-16.5 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-16.5
Arbitration; subsequent litigation.
Status: in_force

Any person or the person's representative claiming that a medical tort has been committed or any health care provider against whom an inquiry has been made may elect to bypass the court annexed arbitration program under section 601-20 after the inquiry has been submitted to the medical inquiry and conciliation panel and the panel has been terminated pursuant to section 671-15 if the party meaningfully participated in panel proceedings, an alternative dispute resolution process has been terminated pursuant to section 671-16.6, or the panel or alternative dispute resolution process has not completed proceedings within the tolling period of the statute of limitations under section 671-18.
Haw. Rev. Stat. § 668-5 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-5
Summons, service.
Status: in_force

The summons shall be directed to all persons named in the complaint or joined as provided by the rules of court, and may be directed generally to all persons unknown having or claiming to have any interest in the premises described in the complaint, subject to section 668-8.5. Unknown persons and any known persons who do not reside within the State[,] or cannot for any reason be served with process within the State, shall have notice of the action as provided by sections 634-23, 634-24, and 634-26. If the summons has been directed generally to all persons unknown as above provided, and if service has been made upon persons known and unknown as required, the court shall have jurisdiction to proceed as though all persons interested in the premises were in being and personally served, but any adjudication shall, as regards a defendant served as provided by sections 634-23, 634-24, and 634-26, affect only the property which is the subject of the action except as provided by section 634-23.
Haw. Rev. Stat. § 660-21 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-21
Procedure in case of sickness, etc.
Status: in_force

When from sickness or infirmity of the person, the person cannot properly be brought to the place appointed for the return, that fact shall be set forth, and if verified by affidavit and established to the satisfaction of the court, the hearing may be adjourned to such other time or place or such order may be made as justice may require.
Haw. Rev. Stat. § 652-4 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-4
Satisfying judgment.
Status: in_force

In case there is certified to any garnishee a judgment for the plaintiff, from or to which no appeal or execution at the time of its rendition, has been noted the garnishee shall pay to the plaintiff such sums as theretofore have been sequestered and not drawn against in pursuance of the action if the judgment equals or exceeds such sums. If the amount sequestered and not drawn against does not suffice to extinguish the judgment, then such sequestration and delivery to the plaintiff by the garnishee of a sum equal to the percentage of wages required to be withheld by section 652-1 shall continue from week to week, or from month to month, until the judgment, with legal interest thereon, is fully paid, or until the defendant quits the service of and dissolves the defendant's relation to the garnishee upon which sequestration is founded.
Haw. Rev. Stat. § 651-44 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-44
Sale; proceeds; return.
Status: in_force

The officer shall, on the day and at the place set for the public sale, unless paid the amount of the judgment, interest, and costs, and the officer's fees and disbursements accrued upon the writ, sell the property advertised to the highest bidder. The officer shall deduct from the proceeds of the sale sufficient for the full satisfaction, if possible, of the execution and the officer's costs, expenses, and commissions, and return the writ, satisfied wholly or in part, paying the amount collected thereon to the plaintiff in execution or the plaintiff's attorney. [CC 1859, §1024; RL 1925, §2448; RL 1935, §4147; RL 1945, §10174; RL 1955, §233-43; HRS §651-44; gen ch 1985]
Haw. Rev. Stat. § 662-12 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-12
Attorney's fees.
Status: in_force

The court rendering a judgment for the plaintiff pursuant to this chapter or the attorney general making a disposition pursuant to section 662-11 may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney's fees which shall not, however, exceed twenty-five per cent of the amount recovered and shall be payable out of the judgment awarded to the plaintiff; provided that such limitation shall not include attorney's fees and costs that the court may award the plaintiff as a matter of its sanctions.
Haw. Rev. Stat. § 663-1.4 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.4
Payment of reasonable attorney's fees and costs in defense of suit.
Status: in_force

In any case brought by one health care professional against another for defamation, damage to reputation, or any other loss resulting from information provided by the second health care professional in any situation relating to a medical peer review proceeding, including the providing of information that may lead to the initiation of such a proceeding, if the second health care professional substantially prevails in the action, and if the action brought by the first health care professional was frivolous, unreasonable, without foundation, or in bad faith, then the court, at the conclusion of the action, shall award to the second health care professional the cost of defending against the action, including a reasonable attorney's fee.
Haw. Rev. Stat. § 672B-5 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-5
Review by panel required; notice; presentation of claims; request for a more definite statement of the claim.
Status: in_force

(a) Effective January 1, 2008, any person or the person's representative claiming that a tort has been committed by a design professional shall submit a statement of the claim to the design claim conciliation panel before a suit based on the claim may be commenced in any court of this State. Claims shall be submitted to the design claim conciliation panel in writing. The claimant shall set forth facts upon which the claim is based and shall include the names of all parties against whom the claim is or may be made who are then known to the claimant.

(b) Within five business days thereafter the panel shall give notice of the claim and the statement of the claim, by certified mail, to all design professionals and others who are or may be parties to the claim and shall furnish copies of written claims to these persons. The notice shall set forth a date, not more than twenty days after mailing the notice, within which any design professional against whom a claim is made shall file a written response to the claim, and a date and time, not less than fourteen days following the last date for filing a response, for a hearing of the panel. The notice shall describe the nature and purpose of the panel's proceedings and shall designate the place of the meeting. The times originally set forth in the notice may be enlarged by the chairperson, on due notice to all parties, for good cause.

(c) If the statement of the claim in the notice is so vague or ambiguous that any party receiving notice of the claim cannot reasonably be required to frame a written response, the party may submit a written request to the chairperson for a more definite statement before filing the written response. Copies of the request shall be provided to the panel, the claimant, and other affected parties. The request, which shall be ex parte and stay the proceedings of the panel until notice of the chairperson’s decision is given to the panel and all parties, shall specify the defects complained of and the details desired. The chairperson may deny, grant, or modify the request at the chairperson’s own discretion, without the necessity of a hearing, although the chairperson may reach a decision after consulting with the panel or the claimant. The chairperson shall provide notice of the decision to the panel, the claimant, and other affected parties. If the request is granted and the claimant fails to provide a more definite statement of the claim within five days after notice of the decision, the panel may make an order as it deems just. This subsection shall not be used as a tactic to delay the proceedings. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 672E-3 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-3
Notice of claim of construction defect.
Status: in_force

(a) A claimant, no later than ninety days before filing an action against a contractor, shall serve the contractor with a written notice of claim. The notice of claim shall:

(1) State that the claimant asserts a claim against the contractor for a construction defect in the design, construction, or remodeling, or any combination thereof, of a dwelling or premises; and

(2) Describe the claim in detail sufficient to determine the circumstances constituting the alleged construction defect and damages resulting from the construction defect. The description shall specifically identify the alleged defect or problem; provided that a general statement that a construction defect may exist shall be insufficient.

The notice of claim shall not constitute a claim under any applicable insurance policy and shall not give rise to a duty of any insurer to provide a defense under any applicable insurance policy unless and until the process described in section 672E-5 is completed. Nothing in this chapter shall in any way interfere with or alter the rights and obligations of the parties under any liability policy.

(b) If available to the claimant, the claimant shall provide to the contractor, with the notice of claim, evidence that depicts the nature and cause of the construction defect and the nature and extent of the repairs necessary to repair the defect, including the following information if obtained by the claimant: photographs, videotapes, and any testing performed.

(c) A contractor served with a written notice of claim shall serve any other appropriate subcontractor with notice of the claim. The contractor's notice shall include the claimant's written notice of claim.

(d) After serving the notice of claim, a claimant shall give to the contractor reasonable prior notice and an opportunity to observe if any testing is done. [L 2004, c 119, pt of §2; am L 2025, c 308, §2]
Haw. Rev. Stat. § 660-1 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-1
§§660-1 and 660-2 REPEALED.
Status: repealed

§§660-1 and 660-2 REPEALED. L 1972, c 90, §5(u).
Haw. Rev. Stat. § 667-83 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-83
Stay of nonjudicial foreclosure proceedings.
Status: in_force

(a) The written notification of a case opening under section 667-79 shall operate as a stay of the foreclosure proceeding and may be recorded; provided that:

(1) The written notification shall not act as a stay on a foreclosure proceeding by an association; and

(2) The written notification shall not act as a stay on a foreclosure proceeding for the purpose of the date by which the default must be cured pursuant to section 667-22(a)(6).

(b) Upon a stay pursuant to subsection (a), a mortgagee shall not foreclose upon a mortgage:

(1) Until the neutral's report confirming either that the parties have been unable to reach an agreement under section 667-81(b) or the parties have reached an agreement that authorizes foreclosure under section 667-81(c) or (d) is filed with the department;

(2) If a statement of noncompliance has been issued against the mortgagee pursuant to section 667-82; or

(3) Unless otherwise provided by law or court order. [L 2011, c 48 , pt of §1 , §45(2) ; am L 2012, c 182, §§4 7 , 49 ; am L 2013, c 197, §4 ]
Haw. Rev. Stat. § 662-2 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-2
Waiver and liability of State.
Status: in_force

The State hereby waives its immunity for liability for the torts of its employees 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 interest prior to judgment or for punitive damages.
Haw. Rev. Stat. § 661-12 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-12
Awards of attorney's fees against agencies.
Status: in_force

(a) Any law to the contrary notwithstanding, in any civil proceeding initiated by a small business against any agency in a state court, the court shall allow the small business reasonable attorney's fees, if the court finds that the agency lacked a reasonable basis for its action.

(b) Any agency against which a civil proceeding is initiated in any state court may request and shall be awarded reasonable attorney's fees, if the court finds that the small business' action was frivolous and wholly without merit.

(c) Whenever any court awards attorney's fees pursuant to this section, the award shall not exceed $7,500. The award shall be limited to the attorney's normal hourly rate, but in no event more than $75 an hour multiplied by the number of hours reasonably spent in litigating claims and issues upon which the claimant clearly and substantially prevails. If a small business is represented by counsel from a publicly funded legal service organization, attorney's fees shall not be awarded.

(d) The small business or agency shall provide the court with evidence to establish the attorney's normal hourly rate and the number of hours spent representing the claimant on each issue or claim which the claimant asserts. Each request for attorney's fees shall be accompanied by itemized records detailing the nature of the services provided or performed and the amount of time spent coincidental to the time when the legal services were actually provided or performed. A claimant that fails to comply with this section shall not be awarded attorney's fees.

(e) All attorney's fees awarded against an agency pursuant to this section shall be payable only after a budget request for the amount is submitted to and approved by the legislature. The amount of attorney's fees awarded against an agency shall be identified by the agency and included in the agency's budget request submitted to the legislature for the fiscal year immediately following the year the award was made against the agency. If the budget request is approved by the legislature, that amount shall be included in the program appropriation for the agency in the appropriation bill for that fiscal year.

(f) As used in this section:

"Agency" means any state or county board, commission, department, or officer authorized by law to make rules or to adjudicate contested cases except those in the legislative or judicial branches.

"Civil proceeding" means any proceeding other than a criminal proceeding or a proceeding before a family court.

"Small business" means an independently owned business with less than fifty employees. [L 1986, c 336, §1]
Haw. Rev. Stat. § 653-14 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-14
Warrants issued to plaintiff, when.
Status: in_force

In case there is certified to the garnishee a judgment for the plaintiff, from or to which no appeal or exception, at the time of its rendition, has been noted, it shall be incumbent upon the garnishee to draw, sign, and deliver to the plaintiff a warrant or warrants payable to the order of the plaintiff for such sum or sums as theretofore have been sequestered and not drawn against in pursuance of the action if the judgment equals or exceeds such sum or sums. If the amount so sequestered and not drawn against does not suffice to extinguish the judgment, then the sequestration and delivery to the plaintiff by the garnishee of a warrant payable to the order of the plaintiff shall continue from week to week, or from month to month, until the judgment, with legal interest, is fully paid, or until the beneficiary quits the service of and dissolves the beneficiary's relation to the government upon which the sequestration is founded.
Haw. Rev. Stat. § 667-85 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-85
[ §667-85] Neutral qualifications; status and liability.
Status: in_force

[ §667-85] Neutral qualifications; status and liability. [(a)] A neutral shall possess sufficient knowledge in the areas of law, real estate, or finance and shall receive sufficient training to be able to effectuate the purposes of this part.

[(b)] A neutral shall not be liable for any act or omission that occurs in relation to the administration or operation of the mortgage foreclosure dispute resolution program. A neutral shall not be a necessary party to, called as a witness in, or subject to any subpoena duces tecum for the production of documents in any arbitral, judicial, or administrative proceeding that arises from or relates to the mortgage foreclosure dispute resolution program. [L 2011, c 48, pt of §1, §45(2) ; am L 2012, c 182, §49 ]
Haw. Rev. Stat. § 660-32 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-32
Remanded, when.
Status: in_force

If the person is lawfully imprisoned or restrained, and is not entitled to be admitted to bail, he shall be remanded to the person or officer having lawful authority to detain him.
Haw. Rev. Stat. § 671-3 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-3
Informed consent.
Status: in_force

(a) The Hawaii medical board may establish standards for health care providers to follow in giving information to a patient, or to a patient's guardian or legal surrogate if the patient lacks the capacity to give an informed consent, to ensure that the patient's consent to treatment is an informed consent. The standards shall be consistent with subsection (b) and may include:

(1) The substantive content of the information to be given;

(2) The manner in which the information is to be given by the health care provider; and

(3) The manner in which consent is to be given by the patient or the patient's guardian or legal surrogate.

(b) The following information shall be supplied to the patient or the patient's guardian or legal surrogate prior to obtaining consent to a proposed medical or surgical treatment or a diagnostic or therapeutic procedure:

(1) The condition to be treated;

(2) A description of the proposed treatment or procedure;

(3) The intended and anticipated results of the proposed treatment or procedure;

(4) The recognized alternative treatments or procedures, including the option of not providing these treatments or procedures;

(5) The recognized material risks of serious complications or mortality associated with:

(A) The proposed treatment or procedure;

(B) The recognized alternative treatments or procedures; and

(C) Not undergoing any treatment or procedure; and

(6) The recognized benefits of the recognized alternative treatments or procedures.

(c) On or before January 1, 1984, the Hawaii medical board shall establish standards for health care providers to follow in giving information to a patient or a patient's guardian, to ensure that the patient's consent to the performance of a mastectomy is an informed consent. The standards shall include the substantive content of the information to be given, the manner in which the information is to be given by the health care provider and the manner in which consent is to be given by the patient or the patient's guardian. The substantive content of the information to be given shall include information on the recognized alternative forms of treatment.

(d) Nothing in this section shall require informed consent from a patient or a patient's guardian or legal surrogate when emergency treatment or an emergency procedure is rendered by a health care provider and the obtaining of consent is not reasonably feasible under the circumstances without adversely affecting the condition of the patient's health.

(e) For purposes of this section, "legal surrogate" means an agent designated in a power of attorney for health care or surrogate designated or selected in accordance with chapter 327E. [L 1976, c 219, pt of §2; am L 1982, c 95, §1; am L 1983, c 223, §2 superseded by c 284, §1; am L 2003, c 114, §2; am L 2008, c 9, §3]
Haw. Rev. Stat. § 663E-12 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-12
Stay of action.
Status: in_force

On motion by a governmental agency involved in a drug investigation or prosecution, 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. § 658H-6 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-6
Exceptions to privilege.
Status: in_force

(a) There is no privilege under section 658H-4 for a mediation communication that is:

(1) In an agreement evidenced by a record signed by all parties to the agreement;

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

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

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

(5) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;

(6) Except as provided in subsection (c), sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or

(7) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the department of human services participates in the mediation.

(b) There is no privilege under section 658H-4 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:

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

(2) Except as provided in subsection (c), a proceeding to prove a claim to rescind or reform, or a defense to avoid, liability on a contract arising out of the mediation.

(c) A mediator shall not be compelled to provide evidence of a mediation communication referred to in subsection (a)(6) or (b)(2).

(d) If a mediation communication is not privileged under subsection (a) or (b), only the portion of the mediation communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 669-2 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-2
Defendants; unknown persons.
Status: in_force

(a) Any person may be made a defendant in the action who has or claims, or may claim, an interest in the property adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the issues involved therein.

(b) Unknown persons may be made parties as provided by the rules of court, if:

(1) It shall be shown by the complaint that there are or may be persons unknown, claiming by, through, or under any named person; or

(2) Other facts shall be shown by the complaint giving rise to an actual controversy between plaintiff and persons unidentified or whose names are unknown.

(c) In any action brought under section 669-1(b):

(1) There shall be joined as defendants, in addition to persons known to have an adverse interest, the adjoining owners and occupants so far as known.

(2) If all persons interested who are known or can be joined as provided by subsection (b) have been made parties, the summons in addition to being directed to such parties, may be directed to unknown persons generally and in such case, after service upon the persons summoned, known and unknown, the court shall have jurisdiction to proceed as though all persons interested were in being and personally served, but any adjudication shall, as regards a defendant served pursuant to section 669-3, affect only the property which is the subject of the action except as provided by section 634-23.

(d) In any action brought under section 669-1, the State may be joined as a defendant only when:

(1) It is an adjoining property owner and the same is alleged by the plaintiff; or

(2) The party asserting the claim can demonstrate, by a title search prepared at the party's own expense by an abstractor, that the State has a clear and specific interest in the subject matter of the suit which is adverse to the plaintiff's claim, and a copy of the title search is furnished to the State without cost, together with the complaint.

(e) In any action brought under section 669-1, the office of Hawaiian affairs shall be joined as a defendant, by service upon the office of Hawaiian affairs, when:

(1) The land claimed by the plaintiff is kuleana land; and

(2) The plaintiff has reason to believe that an owner of an inheritable interest in the kuleana land died intestate or died partially intestate and there is or was no taker under article II of the Hawaii uniform probate code.

For purposes of this subsection, "kuleana land" means that land granted to native tenants pursuant to L 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended. [L 1890, c 18, §2; RL 1925, §2758; RL 1935, §4391; RL 1945, §10452; am L Sp 1949, c 46, §1(b); RL 1955, §242-2; HRS §669-2; am L 1972, c 90, §12(b); am L 1977, c 154, §1; gen ch 1985; am L 1987, c 283, §63; am L 1991, c 177, §2]
Haw. Rev. Stat. § 661-8 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-8
Interest.
Status: in_force

No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the court, unless upon a contract expressly stipulating for the payment of interest, or upon a refund of a payment into the "litigated claims fund" as provided by law.
Haw. Rev. Stat. § 651-17 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-17
Discharge by bond of defendant.
Status: in_force

If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment, or, after the return thereof, by the clerk, to the effect that the defendant will perform the judgment of the court, the attachment shall be discharged and restitution made of the property taken or the proceeds thereof. The execution of the bond shall be deemed an appearance of the defendant to the action. The bond shall be part of the record, and if judgment go against the defendant, the same shall be entered against the defendant and the sureties.
Haw. Rev. Stat. § 658B-2 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-2
Scope.
Status: in_force

(a) This chapter applies only to a foreign-money claim in an action or distribution proceeding.

(b) This chapter applies to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this State to other issues in the action or distribution proceeding. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 652-3 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-3
Amount withheld.
Status: in_force

For the purposes of garnishment, if it appears in any cause wherein service has been made as provided by law, whether before or after judgment, upon any garnishee from whom the defendant is in receipt of any wages, the court shall order and direct the garnishee not to withhold more than a portion of the wages of the defendant to be determined as provided for in the third paragraph of subsection (a) of section 652-1. The garnishee shall continue such withholding from the wages of the defendant until the action against the defendant has been finally determined and the final judgment obtained against the defendant, if any, has been fully paid with legal interest thereon. However, no more of the wages shall be withheld from the defendant in advance of final judgment than shall be sufficient to meet the demand of the plaintiff, together with cost and legal interest.
Haw. Rev. Stat. § 667-53 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-53
Conversion to judicial foreclosure; residential property; conditions.
Status: in_force

(a) An owner-occupant of a residential property that is subject to nonjudicial foreclosure under part II may convert the action to a judicial foreclosure provided that:

(1) A petition conforming to section 667-54 shall be filed with the circuit court in the circuit where the residential property is located, stating that the owner-occupant of the property elects to convert the nonjudicial foreclosure to a judicial foreclosure proceeding , no later than thirty days after the foreclosure notice is served on the owner-occupant, as required by section 667-22;

(2) Within forty-five days of the filing of the petition, all owner-occupants and mortgagors of an interest in the residential 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, shall file a statement in the circuit court action that they agree to submit themselves to the judicial process and the jurisdiction of the circuit court; provided further that if this condition is not satisfied, the circuit court action may be dismissed with prejudice as to the right of any owner-occupant to convert the action to a judicial proceeding, and the mortgagee may proceed nonjudicially;

(3) Filing a petition pursuant to paragraph (1) shall automatically stay the nonjudicial foreclosure action unless and until the judicial proceeding has been dismissed;

(4) The person filing the petition pursuant to paragraph (1) shall have an affirmative duty to promptly notify the Hawaii attorney who is handling the nonjudicial foreclosure about the filing of the complaint for conversion;

(5) All parties joined in the converted judicial proceeding may assert therein any claims and defenses that they could have asserted had the action originally been commenced as a judicial foreclosure action; and

(6) The fee for filing the petition shall be $250 , which shall be deposited into the mortgage foreclosure dispute resolution special fund established under section 667 - 86.

(b) This section shall not apply to foreclosures of association liens that arise under a declaration filed pursuant to chapter 421 J or 514B or any predecessor to chapter 514B.

(c) This section shall not apply to a foreclosure for which the mortgagor has elected to participate in the mortgage foreclosure dispute resolution program pursuant to part V .

( d ) The judiciary may create and adopt a form for a conversion petition . [L 2011, c 48, pt of §5 , §45(4) ; am L 2012, c 182, § §27, 49; am L 2017, c 181, §42 ]
Haw. Rev. Stat. § 657D-33 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-33
Form of application; reports to insurance commissioner by insurer; policy deemed modified upon application for protection.
Status: in_force

Any writing signed by the insured and identifying the policy and the insurer, and agreeing that the insured's rights under the policy are subject to and modified by this part, shall be sufficient as an application for the benefits of this part, but the insurance commissioner may require the insured and insurer to execute other appropriate forms. Upon receipt of the application of the insured, the insurer shall furnish such report to the insurance commissioner concerning the policy as shall be prescribed by rules adopted under chapter 91. When an insured has applied for protection under this part, the policy is deemed to have been modified to conform to the provisions of this part.
Haw. Rev. Stat. § 662-9 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-9
Costs.
Status: in_force

In an action under this chapter, court costs and fees as set by law may be allowed to the prevailing party.
Haw. Rev. Stat. § 658H-8 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-8
Confidentiality.
Status: in_force

Unless subject to disclosure pursuant to part I of chapter 92 or chapter 92F, mediation communications are confidential to the extent agreed by the mediation parties or provided by other law or rule of this State.
Haw. Rev. Stat. § 663B-2 — HI Code / Division 4 / Title 36 / Chapter 663B / Section 663B-2
Equine activities; rebuttable presumption.
Status: in_force

(a) In any civil action for injury, loss, damage, or death of a participant, there shall be a presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine. An injured person or their legal representative may rebut the presumption of no negligence by a preponderance of the evidence.

(b) Nothing in this section shall prevent or limit the liability of an equine activity sponsor, an equine professional, or their employees or agents if the equine activity sponsor, equine professional, or person:

(1) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was a proximate cause of the injury;

(2) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity; or determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability; or determine the characteristics of the particular equine and suitability of the equine to participate in equine activities with the participant; or failed to reasonably supervise the equine activities and such failure is a proximate cause of the injury;

(3) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or reasonably should have been known to the equine activity sponsor, equine professional, or person, or for which reasonable warning signs have not been conspicuously posted;

(4) Commits an act or omission that constitutes gross negligence or wilful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or

(5) Intentionally injures the participant.

(c) Nothing in subsection (a) shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws or in sections 142-63, 142-64, 142-65, 142-66, and 142-68. [L 1994, c 249, pt of §1]

Revision Note

Subsection (c) redesignated pursuant to §23G-15.
Haw. Rev. Stat. § 658D-5 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-5
Definitions.
Status: in_force

As used in this chapter:

"Arbitration" shall also encompass, as appropriate, mediation, conciliation, and other forms of dispute resolution as an alternative to international litigation.

"Center" means any center organized as an independent nonprofit educational corporation duly established under the laws of this State, whose principal purpose is to facilitate the resolution of international business, trade, commercial, and other disputes between persons by means of arbitration, mediation, conciliation, and other means as an alternative to the resort to litigation.

"Nonresident of the United States" means any person not a "resident of the United States".

"Person" means not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally and shall include a government or any agency, instrumentality, or subdivision thereof where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended.

"Resident of the United States" means:

(1) A natural person who maintains sole residence within a state, possession, commonwealth, or territory of the United States or within the District of Columbia; or

(2) Any other person organized or incorporated under the laws of the United States, any state, possession, commonwealth, or territory thereof, or the District of Columbia.

"Written undertaking to arbitrate" shall mean a writing in which a person undertakes to submit a dispute to arbitration, without regard to whether that undertaking is sufficient to sustain a valid and enforceable contract or is subject to defenses. A written undertaking may be part of a contract, may be a separate writing, and may be contained in correspondence, telegrams, telexes, or any other form of written communication. [L 1988, c 186, pt of §1]
Haw. Rev. Stat. § 658F-1 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-1
Short title.
Status: in_force

This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
Haw. Rev. Stat. § 657-22 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-22
When process not commencement.
Status: in_force

Upon any such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, the process shall not be deemed the commencement of an action within the meaning of this part or section 663-3. [CC 1859, §1045; RL 1925, §2656; RL 1935, §3927; RL 1945, §10438; RL 1955, §241-21; HRS §657-22; am L 1972, c 105, §1(n)]
Haw. Rev. Stat. § 662D-3 — HI Code / Division 4 / Title 36 / Chapter 662D / Section 662D-3
Exception.
Status: in_force

Notwithstanding section 662D-2, if otherwise permitted by law, a person may sue and recover civil damages from a volunteer based upon:

(1) Any conduct engaged in by the volunteer that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct;

(2) Any act or omission in connection with the operation of a motor vehicle;

(3) Any conduct engaged in by the volunteer while the volunteer is unreasonably interfering with the lawful activities of another;

(4) Any conduct engaged in by the volunteer that takes place on private property when the volunteer's presence on the property was not consented to by the owner;

(5) Any act or omission within a volunteer's scope of practice for which the volunteer is licensed, certified, permitted, or registered under state law to perform; provided that this paragraph shall not apply to volunteer medical assistance services pursuant to section 321-2.5; and

(6) Any criminal offense committed by the volunteer. [L 1997, c 351, pt of §2; am L 2010, c 134, §2]
Haw. Rev. Stat. § 667-56 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-56
Prohibited conduct.
Status: in_force

It shall be a prohibited practice for any foreclosing mortgagee to engage in any of the following practices:

(1) Holding a public sale on a date, at a time, or at a place other than that described in the public notice of the public sale or a properly noticed postponement;

(2) Specifying a fictitious place in the public notice of the public sale;

(3) Conducting a postponed public sale on a date other than the date described in the new public notice of the public sale;

(4) Delaying the delivery of the recorded, conformed copy of the conveyance document to a bona fide purchaser who purchases in good faith for more than sixty days after the completion of the public sale;

(5) Completing nonjudicial foreclosure proceedings during short sale escrows with a bona fide purchaser if the short sale offer is at least ten per cent greater than the public sale price; provided that escrow is opened within ten days and closed within forty-five days of the public sale ; and provided further that a bona fide short sale purchaser shall have priority over any other purchaser;

(6) Completing nonjudicial foreclosure proceedings during bona fide loan modification negotiations with the mortgagor; or

(7) Completing nonjudicial foreclosure proceedings against a mortgagor who has been accepted or is being evaluated for consideration for entry into any federal loan modification program before obtaining a certificate or other documentation confirming that the mortgagor is no longer eligible for, or an active participant of , that federal program . [L 2011, c 48, pt of § 6 ; am L 2012, c 182, § 30 ]
Haw. Rev. Stat. § 651-46 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-46
Deeds, etc.
Status: in_force

The officer shall execute and deliver, to any purchaser at any such sale, such certificate of purchase, or conveyance, as may be necessary. [CC 1859, §1026; RL 1925, §2450; RL 1935, §4149; RL 1945, §10176; RL 1955, §233-45; HRS §651-46]
Haw. Rev. Stat. § 667-55 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-55
Notice of default and intention to foreclose; residential property; required statement on conversion.
Status: in_force

(a) The foreclosure notice that is served as required under section 667-22 shall include, in addition to the contents required under section 667-22, a statement printed in not less than fourteen-point font as follows:

"If the property being foreclosed is improved and used for residential purposes, an Owner-occupant of the property (defined IN chapter 667 of the Hawaii Revised Statutes as a person who, at the time this notice is served, owns an interest in the residential property that is subject to the mortgage being foreclosed and the residential property has been the primary residence continuously for not less than TWO HUNDRED days) has the right to convert a nonjudicial foreclosure proceeding to a judicial foreclosure where claims and defenses may be considered by a court of law. To exercise this right, the owner-occupant shall complete and file the attached form with the circuit court in the circuit where the property is located , within thirty days after service of this notice.

In addition, all owner-OCCUPANTs AND MORTGAGORS of the residential property whose interests have been 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, shall file a statement in the circuit court action that they agree to submit to the judicial process and the jurisdiction of the circuit court within FORTY-FIVE days of the filing of the attached form. Failure to satisfy this condition MAY result in dismissal of the circuit court action WITH PREJUDICE .

An owner-occupant shall promptly notify the Hawaii attorney listed in this notice about the filing of the conversion form.

MORTGAGE FORECLOSURE DISPUTE RESOLUTION MAY BE AVAILABLE IN NONJUDICIAL FORECLOSURE ACTIONS AS AN ALTERNATIVE FOR OWNER-OCCUPANTS ATTEMPTING TO AVOID FORECLOSURE OR TO MITIGATE THE EFFECTS OF FORECLOSURE ON AN OWNER-OCCUPANT . HOWEVER, IF the nonjudicial foreclosure is converted to a judicial foreclosure action, DISPUTE RESOLUTION MAY NOT thereafter BE AVAILABLE UNLESS ORDERED BY A JUDGE .

a foreclosing lender who completes a nonjudicial foreclosure of residential property COULD be prohibited under hawaii law from pursuing a deficiency judgment against A MORTGAGOR . if this action is converted to a judicial proceeding, however, then all remedies available to a lender may be asserted, including the right to seek a deficiency judgment. "

(b) The statement required by this section shall not be required to be included in the public notice of public sale published pursuant to section 667-27 . [L 2011, c 48, pt of §5 , §45(4) ; am L 2012, c 182, § §29, 49 ]
Haw. Rev. Stat. § 667-37 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-37
Judicial action of foreclosure before public sale.
Status: in_force

This part shall not prohibit the foreclosing mortgagee, or any other creditor having a recorded lien on the mortgaged property before the recordation of the notice of default under section 667-23, from filing an action for the judicial foreclosure of the mortgaged property in the circuit court of the circuit where the mortgaged property is located; provided that the action is filed before the public sale is held.
Haw. Rev. Stat. § 651C-6 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-6
When transfer is made or obligation is incurred.
Status: in_force

For the purposes of this chapter:

(1) A transfer is made:

(A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(B) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;

(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is made immediately before the commencement of the action;

(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee;

(4) A transfer is not made until the debtor has acquired rights in the asset transferred;

(5) An obligation is incurred:

(A) If oral, when it becomes effective between the parties; or

(B) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 667-1 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-1
§ § 667-1 4 and 667-15 REPEALED.
Status: repealed

§ § 667-1 4 and 667-15 REPEALED. L 201 2 , c 1 8 2 , § §55, 56.
Haw. Rev. Stat. § 657D-53 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-53
Revocation of interlocutory orders.
Status: in_force

Any interlocutory order under this chapter, made upon the court's own motion, may be revoked, modified, or extended by it upon appropriate notice to the parties.
Haw. Rev. Stat. § 659-8 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-8
Service.
Status: in_force

The writ or order shall be served in the same manner as is provided by the rules of court with respect to process in a civil action.
Haw. Rev. Stat. § 667-80 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-80
Parties; requirements; process.
Status: in_force

(a) The parties to a dispute resolution process conducted under this part shall consist of the owner-occupant or the owner-occupant's representative, and the mortgagee or the mortgagee's representative; provided that:

(1) A representative of the mortgagee who participates in the dispute resolution shall be authorized to negotiate a loan modification on behalf of the mortgagee or shall have, at all stages of the dispute resolution process, direct access by telephone, videoconference, or other immediately available contemporaneous telecommunications medium to a person who is so authorized;

(2) The mortgagee and owner-occupant may be represented by an attorney; and

(3) The owner-occupant may be assisted by an approved housing counselor or approved budget and credit counselor.

(b) No fewer than thirty days prior to the first day of a scheduled dispute resolution session pursuant to this part, the owner-occupant shall consult with an approved housing counselor or approved budget and credit counselor.

(c) The parties shall comply with all information requests from the department or neutral. No less than fifteen days prior to the first day of the scheduled dispute resolution session:

(1) The mortgagee shall provide to the department and the mortgagor:

(A) A copy of the promissory note, signed by the mortgagor, including any endorsements, allonges, amendments, or riders to the note evidencing the mortgage debt;

(B) A copy of the mortgage document and any amendments, riders, or other documentation evidencing the mortgagee's right of nonjudicial foreclosure and interest in the property including any interest as a successor or assignee; and

(C) Financial records and correspondence that confirm the mortgage loan is in default.

(2) The owner-occupant shall provide to the department and the mortgagee:

(A) Documentation showing income qualification for a loan modification, including any copies of pay stubs, W-2 forms, social security or disability income, retirement income, child support income, or any other income that the owner-occupant deems relevant to the owner-occupant's financial ability to repay the mortgage;

(B) Any records or correspondence available which may dispute that the mortgage loan is in default;

(C) Any records or correspondence available evidencing a loan modification or amendment;

(D) Any records or correspondence available that indicate the parties are currently engaged in bona fide negotiations to modify the loan or negotiate a settlement of the delinquency;

(E) Names and contact information for approved housing counselors, approved budget and credit counselors, or representatives of the mortgagee, with whom the owner-occupant may have or is currently working with to address the delinquency; and

(F) Verification of counseling by an approved housing counselor or approved budget and credit counselor.

(d) The dispute resolution session shall consist of at least one meeting lasting no more than three hours, which may be extended by the equivalent of one additional three-hour session on the same or a different day at the neutral's discretion.

The parties shall be present in person at the dispute resolution session; provided that a party may submit a written request to the department at least fourteen days prior to the scheduled dispute resolution session to participate through telephone, videoconference, or other contemporaneous telecommunications medium. A request to participate through a telecommunications medium shall be granted only for good cause and upon agreement of the neutral and the other party to the dispute resolution. For purposes of this subsection, "good cause" means an event or circumstance outside of the requesting party's control that makes in-person participation impossible. The neutral shall have the discretion to postpone a dispute resolution session in order to allow the requesting party to participate in person; provided that postponement shall not delay the dispute resolution process beyond timelines established by this part.

(e) A dispute resolution process conducted pursuant to this part shall use the calculations, assumptions, and forms established by the Federal Deposit Insurance Corporation Loan Modification Program Guide as set out on the Federal Deposit Insurance Corporation's publicly accessible website or a different program or process if agreed to by both parties and the neutral.

(f) The dispute resolution process shall conclude within sixty days from the first scheduled meeting between the parties to the dispute resolution and the neutral; provided that the neutral shall have the authority to extend this period. Nothing in this part shall be construed to require the dispute resolution process to take the full sixty days allotted to reach a negotiated agreement. [L 2011, c 48 , pt of §1 , §45(2) ; am L 2012, c 182, §§4 4 , 49 ]
Haw. Rev. Stat. § 657-11 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-11
Recoveries authorized by federal statute.
Status: in_force

Whenever any federal statute provides for damages or equitable relief and neither the federal statute nor any specific state statute specifies the period within which suit may be brought, the suit, if brought in a state court, shall be commenced within two years from the date the cause of action arises or be thereafter barred.
Haw. Rev. Stat. § 651-2 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-2
Writ; issued when.
Status: in_force

The plaintiff, in any action upon a contract, express or implied, at the time of commencing the action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, which is not exempt from execution, attached in the manner hereinafter prescribed, as security for the satisfaction of any judgment that the plaintiff may recover, but no writ of attachment shall be issued:

(1) Against the State, or any political municipal corporation, or subdivision thereof; or

(2) In circumstances where garnishment is authorized under chapter 652. [L 1905, c 84, §2; am L 1909, c 60, §1; RL 1925, §2806; RL 1935, §4191; RL 1945, §10142; RL 1955, §233-2; HRS §651-2; am L 1977, c 33, §1; gen ch 1985; am L 2016, c 55, §30]
Haw. Rev. Stat. § 667-57 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-57
Suspension of foreclosure actions by junior lienholders.
Status: in_force

(a) Upon initiation of a foreclosure action pursuant to part IA or part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure until the foreclosure initiated by the foreclosing mortgagee has been concluded by a judgment issued by a court pursuant to section 667-1.5, the recording of an affidavit after public sale pursuant to section 667-33, or the filing of an agreement under the mortgage foreclosure dispute resolution provisions of section 667-81 ; provided that if pursuant to part IA or part VI:

(1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person ' s primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and

(2) The mortgagee subsequently forecloses its lien on the same property ,

t hose mortgagors shall be deemed to be owner-occupants , as defined in section 667-1 , for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association ' s foreclosure .

(b) Upon initiation of a foreclosure action pursuant to part II by a foreclosing mortgagee, no junior lienholder, except for an association, shall be permitted to initiate or continue a nonjudicial foreclosure during the pendency of a stay pursuant to section 667-83; provided that a junior lienholder may initiate or continue with a nonjudicial foreclosure if the junior lien foreclosure was initiated before the foreclosure action by the foreclosing mortgagee and if pursuant to part IA or part VI:

(1) An association forecloses on a unit occupied by one or more mortgagors for whom the unit is and has been the person ' s primary residence for a continuous period of not less than two hundred days immediately preceding the date on which the notice is served; and

(2) The mortgagee subsequently forecloses its lien on the same property ,

those mortgagors shall be deemed to be owner-occupants, as defined in section 667-1, for the purpose of section 667-38 and shall retain their right to require the foreclosing mortgagee to participate in the procedures established under part V, notwithstanding the association's foreclosure. [L 2011, c 48, pt of §6 ; am L 2012, c 182, §31 ; am L 2013, c 197, §3 ]
Haw. Rev. Stat. § 666-9 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-9
Return day.
Status: in_force

The summons shall be returnable within such time as is fixed by the court in conformity with the rules of court. [CC 1859, §942; am L 1923, c 119, §1; RL 1925, §2782; RL 1935, §4019; RL 1945, §10408; RL 1955, §240-9; HRS §666-9; am L 1971, c 144, §31A]
Haw. Rev. Stat. § 663E-10 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-10
Defense.
Status: in_force

[(a)] It is a defense to any action brought pursuant to this chapter that the person who possessed, distributed, or facilitated the marketing or distribution of a dangerous or harmful drug did so under authority of law as a practitioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person otherwise authorized by law.

[(b)] A law enforcement officer or agency, the State, or a person acting at the direction of a law enforcement officer or agency or the State is not liable for participating in the illegal drug market if the participation is in furtherance of an official investigation. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 658A-21 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-21
Remedies; fees and expenses of arbitration proceeding.
Status: in_force

(a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

(b) An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.

(c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 658A-22 or for vacating an award under section 658A-23.

(d) An arbitrator's expenses and fees, together with other expenses, shall be paid as provided in the award.

(e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 660-13 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-13
Issuance to person of unknown name.
Status: in_force

If the name of the person by whom the party is alleged to be restrained of the party's liberty is unknown or uncertain, the person may be described by an assumed appellation. Whoever is served with the writ or order to show cause, shall be deemed to be the person intended thereby.
Haw. Rev. Stat. § 654-8.5 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-8.5
College savings program; exemptions.
Status: in_force

[§654-8.5 College savings program; exemptions.] (a) Moneys in an account created pursuant to chapter 256 are exempt from application to the satisfaction of a money judgment as follows:

(1) One hundred per cent of moneys in an account established in connection with a scholarship program;

(2) One hundred per cent of moneys in an account where the judgment debtor is the account owner and the designated beneficiary of the account is a minor; and

(3) An amount not exceeding $10,000 in an account, or in the aggregate for more than one account, where the judgment debtor is the account owner of the account or accounts.

(b) For the purposes of this section, the terms "account owner" and "designated beneficiary" shall have the meanings ascribed to them in section 256-1. [L 1999, c 81, §3]
Haw. Rev. Stat. § 668-1 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-1
Actions for partition.
Status: in_force

[Section effective until December 31, 2016. For section effective January 1, 2017, see below.] When two or more persons hold or are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate in fee, or a life estate in possession, any one or more of such persons may bring an action in the circuit court of the circuit in which the property or some part thereof is situated, for a partition of the property, according to the respective rights of the parties interested therein, and for a sale of the same or a part thereof if it appears that a partition cannot be made without great prejudice to the owners. The several circuit courts shall have power, in any action for partition, to proceed according to the usual practice of courts of equity in cases of partition, and according to this chapter in enlargement thereof.

§668-1 Actions for partition. [Section effective January 1, 2017. For section effective until December 31, 2016, see above.] When two or more persons hold or are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate in fee, or a life estate in possession, any one or more of such persons may bring an action in the circuit court of the circuit in which the property or some part thereof is situated, for a partition of the property, according to the respective rights of the parties interested therein, and for a sale of the same or a part thereof if it appears that a partition cannot be made without great prejudice to the owners. Except as provided in chapter 668A, the several circuit courts shall have power, in any action for partition, to proceed according to the usual practice of courts of equity in cases of partition, and according to this chapter in enlargement thereof. [L 1923, c 178, §1; RL 1925, §2761; am L 1929, c 170, §1; RL 1935, §4740; RL 1945, §12450; RL 1955, §337-1; HRS §668-1; am L 1972, c 90, §11(a); am L 2016, c 260, §2]
Haw. Rev. Stat. § 662-16.5 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-16.5
[ §662-16.
Status: in_force

[ §662-16.5] Defense of professionally licensed or certified state employees; decision not to defend. (a) The attorney general, on behalf of the State, shall defend any civil action or proceeding brought in any court against any professionally licensed or certified employee of the State for damage to property or personal injury, including death, resulting from the act or omission of the professionally licensed or certified state employee while acting within the scope of the employee's employment; provided that the attorney general shall have no obligation to defend when the civil action or proceeding results from the professionally licensed or certified state employee's gross negligence or wanton act or omission, or if the employee does not provide all information and assistance that the attorney general deems necessary to the defense of the employee.

(b) The professionally licensed or certified state employee may employ an attorney at the employee's own expense, in lieu of the attorney general, to defend any civil action or proceeding brought in any court against the employee.

(c) If the attorney general declines to defend a civil action or proceeding against a professionally licensed or certified state employee who was acting within the scope of the employee's employment on the grounds that the civil action or proceeding results from the employee's gross negligence or wanton act or omission or that the employee is not providing all information and assistance that the attorney general deems necessary, the attorney general shall work with the professionally licensed or certified state employee to amicably transfer representation to the successor counsel chosen by the professionally licensed or certified state employee.

(d) If the attorney general and the professionally licensed or certified state employee cannot amicably transfer representation to the successor counsel, the attorney general shall file a motion to withdraw as counsel not less than thirty days before the close of discovery in the action or proceeding.

(e) Any motion to withdraw as counsel, and all related pleadings, records, notices, exhibits, and other evidence regarding the motion, shall be designated as confidential and shall be submitted by means of a confidential information form or other appropriate manner pursuant to court rules.

(f) After the attorney general's motion to withdraw as counsel is filed, the professionally licensed or certified state employee shall have not less than thirty days to respond to the motion.

(g) Upon the filing of the attorney general's motion to withdraw as counsel, the court shall conduct a hearing regarding the attorney general's duty to defend the professionally licensed or certified state employee in the civil action or proceeding.

(h) At any proceeding regarding the motion to withdraw as counsel, only the court, court personnel, attorney general, employees of and counsel retained by the department of the attorney general, professionally licensed or certified state employee and the employee's attorney, if retained, and other individuals approved by the court may be present. [L 2025, c 120, §2]
Haw. Rev. Stat. § 651-122 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-122
Personal property not exempt.
Status: in_force

No exemption for personal property authorized under section 651-121 shall apply to attachment or execution issued upon a judgment recovered for the price of such property, or upon a judgment of foreclosure of a security agreement or other security instrument encumbering personal property or for taxes or fines or any debt due the State.
Haw. Rev. Stat. § 658F-3 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-3
Applicability.
Status: in_force

(a) Except as otherwise provided in subsection (b), this chapter applies to a foreign-country judgment to the extent that the judgment:

(1) Grants or denies recovery of a sum of money; and

(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.

(b) This chapter does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:

(1) A judgment for taxes;

(2) A fine or other penalty; or

(3) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.

(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this chapter applies to the foreign-country judgment. [L 2009, c 34, pt of §1]
Haw. Rev. Stat. § 653-2 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-2
Attachment of salary, etc.
Status: in_force

The salary, stipend, or wages of the beneficiary may be attached for, and applied in the payment of the beneficiary's debts, in the manner prescribed in this chapter.
Haw. Rev. Stat. § 657D-13 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-13
Fines and penalties on contracts.
Status: in_force

When an action for compliance with the terms of any contract is stayed pursuant to this chapter, no fine or penalty shall accrue by reason of failure to comply with the terms of the contract during the period of the stay. In any case where a person fails to perform any obligation and a fine or penalty for the nonperformance is incurred, a court may relieve the enforcement of the fine or penalty on such terms as may be just if the person was in the military service when the penalty was incurred and that by reason of that service the ability of the person to pay or perform was thereby materially impaired.
Haw. Rev. Stat. § 664-6 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-6
Application for certificate.
Status: in_force

All owners of ahupuaas and portions of ahupuaas, ilis, and portions of ilis and other denominations of lands within the State, whose lands have not been awarded by the land commissioners, patented or conveyed by deed from the king or government, by boundaries decided in such award, patent, or deed, may file with the commissioner of boundaries for the circuit in which the land is situated, an application to have the boundaries of the land decided and certified to by the commissioner or the commissioner's successor in office. The application shall state the name of the land, the names of the adjoining land or lands, and the names of the owners of the same where known, and it shall also contain a general description, by true bearing survey, of the boundaries as claimed connected by coordinates to the government survey triangulation system, and shall have attached thereto and made a part thereof a map or tracing which shall show all natural topographical features, permanent or other marks along the boundary lines, the bearings and distances of each course given in the description of survey, and such other data from field notes as will make it practicable to reestablish any boundary mark or point that may become lost or destroyed.
Haw. Rev. Stat. § 657-10 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-10
Special limitations.
Status: in_force

This part shall not extend to any action which is, or shall be, limited by any statute to be brought within a shorter time than is herein prescribed; but the action shall be brought within the time limited by the statute. [CC 1859, §1048; RL 1925, §2647; RL 1935, §3918; RL 1945, §10429; RL 1955, §241-9; HRS §657-10]
Haw. Rev. Stat. § 658A-16 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-16
Representation by lawyer.
Status: in_force

A party to an arbitration proceeding may be represented by a lawyer.
Haw. Rev. Stat. § 667-63 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-63
Notice to mortgage creditors.
Status: in_force

( a) A mortgage creditor having a mortgage lien on a time share interest who desires notice that another mortgage creditor having a mortgage lien on the time share interest intends to foreclose and sell the mortgaged time share interest , pursuant to the power of sale under section 667-62, may submit a written request to the mortgagee who is foreclosing or who may foreclose the mortgage by power of sale, asking to receive notice of the mortgagee's intention to foreclose the mortgage under section 667-62. The request for notice:

(1) May be submitted any time after the recordation of the subject mortgage ; provided that the request is submitted prior to completion of publication of notice of the intention to foreclose the mortgage and of the sale of the mortgaged time share interest;

(2) Shall be signed by the mortgage creditor desiring to receive notice, or its authorized representative; and

(3) Shall specify the name and address of the person to whom the notice is to be mailed.

(b) The mortgagee receiving the request shall thereafter give notice to all mortgage creditors who have timely submitted their request. The notice shall be sent by mail or otherwise communicated to the mortgage creditors not less than seven calendar days prior to the day of sale.

(c) No request for a copy of any notice pursuant to this section nor any statement or allegation in any such request nor any record thereof shall affect the title to the time share interest or be deemed notice to any person that any party requesting copy of the notice has or claims any right, title, or interest in, or lien or charge upon the time share interest described in the mortgage referred to therein. [L 2005, c 82, pt of §1 ; am L 2012, c 182, §35]
Haw. Rev. Stat. § 667-36.5 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-36.5
Bundled properties; prohibition.
Status: in_force

Notwithstanding any other law to the contrary, for the public sale of mortgaged property under the power of sale foreclosure process in this part, no mortgagee shall bundle mortgaged properties for the purpose of public sale and each mortgaged property shall be bid on separately, unless the deed or mortgage otherwise requires.
Haw. Rev. Stat. § 662-6 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-6
Pleadings, trial and appeal.
Status: in_force

[(a)] The Hawaii rules of civil procedure and the district court rules of civil procedure as applicable shall be followed in any action under this chapter. A certified copy of all pleadings shall be duly served on the attorney general.

(b) Section 661-2 shall apply to actions under this chapter. [L 1957, c 312, pt of §1; Supp, §245A-6; HRS §662-6; am L 1972, c 164, §2(b); am L 1978, c 156, §3; am L 2017, c 12, §70]
Haw. Rev. Stat. § 651-7 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-7
Writ; how issued.
Status: in_force

The writ of attachment shall be issued by the clerk with the approval of the court and directed to any police officer, and shall require the police officer to attach and safely keep so much of the property of the defendant as will be sufficient to satisfy the demand of the plaintiff, with costs and expenses.
Haw. Rev. Stat. § 660-4 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-4
For prisoners, for trial or testimony.
Status: in_force

Nothing in this chapter shall be construed to restrain the power of any court of record to issue a writ of habeas corpus ad respondendum, when necessary, to bring before it any prisoner for trial in any criminal cause, lawfully pending in the court, or a writ of habeas corpus ad testificandum, to bring in any prisoner to be examined as a witness in any action or proceeding, civil or criminal, pending in the court, when it thinks the personal attendance and examination of the witness is necessary for the attainment of justice. The writ may be issued for such purposes by any court of record in the exercise of a sound discretion, and with due regard to conflicting interests and liabilities, anything in this chapter to the contrary notwithstanding.
Haw. Rev. Stat. § 667-27 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-27
Public notice of public sale; contents; distribution; publication.
Status: in_force

(a) The foreclosing mortgagee shall prepare the public notice of the public sale. The public notice shall state:

(1) The date, time, and place of the public sale;

(2) The unpaid balance of the moneys owed to the mortgagee under the mortgage agreement;

(3) A description of the mortgaged property, including the address and the tax map key number of the mortgaged property;

(4) The name of the mortgagor and the borrower;

(5) The name of the foreclosing mortgagee;

(6) The name of any prior or junior creditors having a recorded lien on the mortgaged property before the recordation of the notice of default and intention to foreclose under section 667-23;

(7) The name, the address in the State, and the telephone number in the State of the person in the State conducting the public sale; and

(8) The terms and conditions of the public sale .

(b) The public notice shall also contain wording substantially similar to the following in all capital letters:

"THE DEFAULT UNDER THE MORTGAGE AGREEMENT MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE MORTGAGED PROPERTY BY PAYING THE ENTIRE AMOUNT WHICH WOULD BE OWED TO THE FORECLOSING MORTGAGEE IF THE PAYMENTS UNDER THE MORTGAGE AGREEMENT HAD NOT BEEN ACCELERATED, PLUS THE FORECLOSING MORTGAGEE'S ATTORNEY'S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING MORTGAGEE RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE FORECLOSING MORTGAGEE AND THE BORROWER. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED."

(c) If the default is not cured as required by the notice of default and intention to foreclose, the foreclosing mortgagee shall have a copy of the public notice of the public sale of the mortgaged property:

(1) Mailed or delivered to the mortgagor and the borrower at their respective last known addresses;

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

(3) Mailed or delivered to the state director of taxation;

(4) Mailed or delivered to the director of finance of the county where the mortgaged property is located;

(5) Posted on the mortgaged property or on such other real property of which the mortgaged property is a part; and

(6) Mailed or delivered to any other person entitled to receive notice under section 667-5.5 or 667-21.5.

(d) The foreclosing mortgagee 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 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 advertisemen t ; 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:

(A) If the mortgaged property is owned by an owner-occupant, the public notice shall be published on a website maintained by the department. The department shall publish the public notice pursuant to this subparagraph upon satisfaction of the filing requirements of section 667-76(b); and

(B) 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 1998, c 122, pt of §1; am L 2011, c 48, §26; am L 2012, c 182, §§20, 64, 69(5)]
Haw. Rev. Stat. § 660-25 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-25
Notice to other parties, when.
Status: in_force

If the person is detained on any process under which any other person has an interest in the person's detention, and the other person or the other person's attorney is within the State and can be notified without unreasonable delay, the person detained shall not be discharged until the other person or the other person's attorney has had an opportunity to be heard.
Haw. Rev. Stat. § 651-35 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-35
When property in circuit insufficient.
Status: in_force

If, upon an execution being issued by a district judge, no property, or not a sufficient amount of property, belonging to the defendant in execution, can be found within the jurisdiction of the judge issuing the execution, and the same is returned unsatisfied, either wholly or in part, the plaintiff in execution may, upon procuring a certified copy of the judgment and execution in the court below, to be docketed in the office of the clerk of the supreme court, sue out a writ of execution from the supreme court, which shall be available against the property of the defendant, wherever situated within the State. [CC 1859, §1029; RL 1925, §2439; RL 1935, §4138; RL 1945, §10165; RL 1955, §233-34; HRS §651-35; am L 1970, c 188, §§39, 40]
Haw. Rev. Stat. § 657D-32 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-32
Persons entitled to benefits; applications; amount of insurance protected.
Status: in_force

The benefits and privileges of this part shall apply to any insured when the insured, or a person designated by the insured, makes written application for protection under this part, unless the insurance commissioner in passing on the application finds that the policy is not entitled to protection under this part. The adjutant general shall give notice to the state military forces of the provisions of this part, and shall include in the notice an explanation of the provisions for the information of those desiring to make application for benefits. The original of the application shall be sent by the insured to the insurer, and a copy to the insurance commissioner. The total amount of insurance on the life of one insured under policies covered by this part shall not exceed $10,000. If an insured applies for protection of policies on the insured's life totaling insurance in excess of $10,000, the insurance commissioner may have the amount of insurance divided into two or more policies so that the protection of this part may be extended to include policies for a total amount of insurance not to exceed $10,000, and a policy which affords the best security to the government shall be given preference.
Haw. Rev. Stat. § 652-15 — HI Code / Division 4 / Title 36 / Chapter 652 / Section 652-15
Law applicable to all courts.
Status: in_force

This chapter and the powers conferred therein shall extend to all the common-law courts of the State, according to their jurisdiction.
Haw. Rev. Stat. § 659-2 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-2
Against corporations, by attorney general.
Status: in_force

It may also be granted upon the application of the attorney general against individuals acting as a corporation without being legally incorporated.
Haw. Rev. Stat. § 651-49 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-49
Only defendant's interest sold.
Status: in_force

No sale by execution shall operate to convey a greater estate or interest in the property sold, than the defendant in execution had at the time of sale; and all such sales of property not belonging to the defendant shall subject the officer to the private action of the purchaser, being afterwards deprived thereof by the real owner. [CC 1859, §1027; RL 1925, §2451; RL 1935, §4152; RL 1945, §10179; RL 1955, §233-48; HRS §651-49]
Haw. Rev. Stat. § 658H-11 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-11
International commercial mediation.
Status: in_force

(a) Except as provided in subsections (b) and (c), if a mediation is an international commercial mediation, the mediation is governed by the model law.

(b) Unless the mediation parties agree in accordance with section 658H-3(c) that all or part of an international commercial mediation is not privileged, sections 658H-4, 658H-5, and 658H-6 and any applicable definitions in section 658H-2 also apply to the mediation and nothing in article 10 of the model law derogates from sections 658H-4, 658H-5, and 658H-6.

(c) If the parties to an international commercial mediation agree under article 1, subsection 7, of the model law that the model law does not apply, this chapter applies in its [entirety]. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 662-10 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-10
Judgment as bar.
Status: in_force

The judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the State whose act or omission gave rise to the claim.
Haw. Rev. Stat. § 666-20 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-20
Rent control ordinances.
Status: in_force

Nothing in this chapter shall be deemed to authorize the eviction of a tenant contrary to any rent control ordinance declaring an emergency arising out of a housing shortage and prohibiting termination of tenancies or restricting the grounds for termination thereof, pursuant to the powers conferred by section 62-34(11) and section 70-65, so long as such emergency continues.
Haw. Rev. Stat. § 663-1.95 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.95
Employers' job reference immunity.
Status: in_force

[§663-1.95 Employers' job reference immunity.] (a) An employer that provides to a prospective employer information or opinion about a current or former employee's job performance is presumed to be acting in good faith and shall have a qualified immunity from civil liability for disclosing the information and for the consequences of the disclosure.

(b) The good faith presumption under subsection (a) shall be rebuttable upon a showing by a preponderance of the evidence that the information or opinion disclosed was:

(1) Knowingly false; or

(2) Knowingly misleading.

(c) Nothing in this section shall affect rights, obligations, remedies, liabilities, or standards of proof under chapters 89, 92F, 368, and 378. [L 1998, c 182, §1]

Revision Note

Section heading renamed pursuant to §23G-15.
Haw. Rev. Stat. § 674-17 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-17
Right to sue, individual claims.
Status: in_force

(a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, 1959, to June 30, 1988; provided that no action shall be filed until after October 1, 1997.

(b) "Aggrieved individual claimant", as used in this section, means an individual claimant whose claim was reviewed by the panel under this chapter and who has filed, no later than October 1, 1999, a written notice with the panel that the claimant does not accept the action taken by the legislature in regular session upon the claim. Any claimant who fails to file a written notice rejecting the action of the legislature upon the claim shall be deemed to have accepted the action taken by the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §11; am L 1997, c 382, §6]
Haw. Rev. Stat. § 651-16 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-16
Discharge of writ.
Status: in_force

If the defendant recovers judgment or if the plaintiff is nonsuited or if the action is discontinued or dismissed, all the proceeds of the same and money collected by the police officer, and all the property attached remaining in the police officer's hands, shall be delivered to the defendant, or the defendant's agent, and the order of attachment shall be discharged, and the property released therefrom.
Haw. Rev. Stat. § 660-28 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-28
Bail, etc.
Status: in_force

§660-28 Bail, etc., before judgment. Except as otherwise provided:

(1) Until judgment is given, the court may remand the party or accept bail for the party's appearance from day to day or may place the party under special care and custody, as circumstances may require; and

(2) After judgment is given, an order made by the court under paragraph (1) shall be continued in effect during a stay of enforcement of judgment, unless the trial court, the intermediate appellate court, or the supreme court after taking of the appeal, terminates the order or makes other provision in the circumstances. [L 1870, c 32, §25; am L 1923, c 217, §1; RL 1925, §2751; RL 1935, §4336; RL 1945, §10377; RL 1955, §239-28; HRS §660-28; am L 1972, c 90, §5(q); gen ch 1985; am L 2004, c 202, §72; am L 2006, c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 657-5.5 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-5.5
Judgments for support.
Status: in_force

Notwithstanding section 657-5 and any other law to the contrary, every judgment for child support, including a judgment for reimbursement or other arrears, shall be enforceable until paid in full.
Haw. Rev. Stat. § 663-24 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-24
Effect on insurance.
Status: in_force

[§663-24 Effect on insurance.] No advance payment made by an insurance company on behalf of an insured shall increase the limits of liability of the insurance company under any existing policy of insurance, and the amount of any advance payment made in respect to any claim shall be credited against any obligation of the insurance company in respect to said claim.
Haw. Rev. Stat. § 667-78 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-78
Owner-occupant's election of dispute resolution; owner-occupant program fee; right to dispute resolution waived.
Status: in_force

(a) An owner-occupant elects to participate in the mortgage foreclosure dispute resolution program by returning to the department:

(1) The completed program election form provided :

(A) Pursuant to section 667-77(2); or

(B) On a website maintained by the department;

(2) C ertification under penalty of perjury that the mortgagor is an owner-occupant, accompanied with any supporting documentation, including copies of recent utility billing statements, voter registration records, real estate property tax records, or state identification forms; and

(3) A program fee of $300.

The completed form and fees shall be received by the department no later than thirty days after mailing of the department's notification pursuant to section 667 - 77 .

(b) If the completed form and fee are not received within the required time period, the owner-occupant shall be deemed to have waived any right to participate in the mortgage foreclosure dispute resolution program with respect to the subject property and the foreclosure notice filed with the department.

(c) If the owner-occupant does not elect to participate in dispute resolution pursuant to this part, the department shall notify the mortgagee within ten days of receiving an election form indicating nonelection or the termination of the thirty-day time period for election. After receiving the department's notification, the mortgagee may proceed with the nonjudicial foreclosure process according to the process provided in part II of this chapter . [L 2011, c 48 , pt of §1 , §45( 2 ) ; am L 2012, c 182, §§ 4 2, 49 ]
Haw. Rev. Stat. § 654-3 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-3
Execution of the order.
Status: in_force

The officer to whom an order has been issued shall forthwith execute the same by taking possession of the property therein described, for which purpose the officer may enter in or upon any enclosure or other property, including any building or other structure, vehicle, vessel, or aircraft, and may, upon denial of entrance and after exhibiting the officer's authority if requested, use necessary force to secure entrance; provided that no property shall be so taken if the court issuing the order is without jurisdiction to execute process at the place at which the property is found. [L Sp 1949, c 7, pt of §1; RL 1955, §244-23; HRS §654-24; am L 1972, c 90, §1(c); ren HRS §654-3; gen ch 1985]
Haw. Rev. Stat. § 672B-9 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-9
Design claim conciliation panel hearing; decisions.
Status: in_force

(a) Within thirty days after the completion of a hearing, the design claim conciliation panel shall file a written advisory decision with the department and shall thereupon mail copies to all parties concerned, and their counsel. The panel shall decide the issue of liability and shall state its conclusions in writing.

(b) After a finding of liability, the design claim conciliation panel shall decide the amount of damages, if any, which should be awarded in the case. The decision as to damages shall include in simple, concise terms a division as to which portion of the damages recommended are attributable to the design professional, economic losses and noneconomic losses; provided the panel may not recommend punitive damages.

(c) The decision shall be signed by all members of the design claim conciliation panel; provided that any member of the panel may file a written concurring or dissenting opinion.

(d) The advisory decision required by this section need not be filed if the claim is settled or otherwise disposed of before the decision is written or filed. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 651-3 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-3
Affidavit.
Status: in_force

The writ of attachment shall be issued by the clerk of the court in which the action is pending. Before any writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall make and file with the clerk an affidavit showing that the defendant is indebted to the plaintiff, specifying the amount of the indebtedness over and above all just credits and offsets, and that the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant.
Haw. Rev. Stat. § 657-13 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-13
Infancy, insanity, imprisonment.
Status: in_force

If any person entitled to bring any action specified in this part (excepting actions against the sheriff, chief of police, or other officers) is, at the time the cause of action accrued, either:

(1) Within the age of eighteen years;

(2) Insane; or

(3) Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than the person's natural life;

such person shall be at liberty to bring such actions within the respective times limited in this part, after the disability is removed or at any time while the disability exists. [CC 1859, §1039; RL 1925, §2648; RL 1935, §3919; RL 1945, §10430; RL 1955, §241-12; am L 1963, c 13, §1 and c 85, §3; HRS §657-13; am L 1972, c 2, §37(1); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]

Revision Note

Pursuant to §23G-15, in:

(1) Paragraph (1) "or," deleted; and

(2) Paragraph (2), punctuation deleted.
Haw. Rev. Stat. § 651-40 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-40
Stay by judge; effect.
Status: in_force

Any judge of a court of record may, by order at chambers, in any cause in which an execution has been issued, grant a stay thereof in the officer's hands, for equitable reasons, when no appeal or writ of error is granted, upon the defendant giving bond and security for its payment with costs up to the stay. The property levied upon shall not be released from the levy by the stay of execution, and in case at the end of the time accorded the condition of the bond be not complied with, the plaintiff in execution may elect whether to proceed to the sale of the levied property, or to enforce the bond; provided that if the levied property is not sufficient to pay the judgment, with all costs, expenses, and commissions, the stay inclusive, the sureties in the bond shall be answerable for the deficiency. And when justice may require the renewal of any execution, or an extension of the time for making return to any execution, any judge of a court of record shall have power so to order. [CC 1859, §1033; RL 1925, §2444; RL 1935, §4143; RL 1945, §10170; RL 1955, §233-39; HRS §651-40]
Haw. Rev. Stat. § 674-6 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-6
Rulemaking powers.
Status: in_force

The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of claims and in the proceedings for review of claims under this chapter, and any other rules as the panel deems necessary to carry out the purposes of this chapter.
Haw. Rev. Stat. § 663-1.2 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-1.2
Tort liability for breach of contract; punitive damages.
Status: in_force

No person may recover damages, including punitive damages, in tort for a breach of a contract in the absence of conduct that:

(1) Violated a duty that is independently recognized by principles of tort law; and

(2) Transcended the breach of the contract. [L 1999, c 237, §1]
Haw. Rev. Stat. § 661-29 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-29
Fees and costs of litigation.
Status: in_force

The State shall not be liable for expenses or fees, including attorney fees, that a person incurs in bringing an action under this part and shall not elect to pay those expenses or fees.
Haw. Rev. Stat. § 674-10 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-10
Findings and advisory opinion.
Status: in_force

(a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State.

(b) The findings and advisory opinion shall be signed by all members of the panel; provided that any member of the panel may file a written concurring or dissenting advisory opinion.

(c) The advisory opinion of the panel rendered on each claim shall be incorporated in the reports required by section 674-14 for submission to the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §7]
Haw. Rev. Stat. § 667-39 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-39
Right to enforce this part.
Status: in_force

(a) The foreclosing mortgagee, any other creditor 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 borrower, and the mortgagor, may enforce this part by bringing an action in the circuit court of the circuit where the mortgaged property is located.

(b) The remedies provided in this part are cumulative and shall not abridge the right of a party to bring an action under any other law, including sections 454M-9 and 480-2. [L 1998, c 122, pt of §1; am L 2011, c 48, § 32]
Haw. Rev. Stat. § 667-73 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-73
Mortgage foreclosure dispute resolution program; administration.
Status: in_force

(a) There is established in the department a mortgage foreclosure dispute resolution program to provide an owner-occupant an opportunity to negotiate an agreement that avoids foreclosure or mitigates damages in cases where foreclosure is unavoidable.

(b) The judiciary, through the center for alternative dispute resolution, shall provide assistance to the department in program matters including:

(1) Contract procurement;

(2) Performance oversight, such as monitoring compliance with the program requirements; and

(3) Management services to oversee any contract between the department and a private organization retained by the department to provide dispute resolution services or personnel, including providing the department with monthly status reports and evaluations.

The department and the judiciary shall execute a memorandum of understanding that establishes their rights and responsibilities relating to the mortgage foreclosure dispute resolution program, which may be amended from time to time.

(c) The department is authorized to contract with county, state, or federal agencies, and with private organizations , approved housing counselors, and approved budget and credit counselors for the performance of any of the functions of this part. These contracts shall not be subject to chapter 103D or 103F . [L 2011, c 48 , pt of §1 , §45( 2 ) ; am L 2012, c 182, §§ 3 7, 49 ]
Haw. Rev. Stat. § 672B-4 — HI Code / Division 4 / Title 36 / Chapter 672B / Section 672B-4
Waiver of filing fee.
Status: in_force

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

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

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

(3) A statement of the issues that the party intends to present at the hearing before a design claim conciliation panel.

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

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

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

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

(f) If the party files an appeal under section 91-14, and the court upholds the director's denial of the aggrieved party's motion to waive the filing fee, the party shall pay the filing fee within thirty days after the court's affirmation of the denial. If the court determines that the party's motion for waiver of the filing fee was improperly denied, the party shall be entitled to proceed without payment of the filing fee. [L 2007, c 207, pt of §2]
Haw. Rev. Stat. § 663-8.9 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-8.9
Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury.
Status: in_force

(a) No party shall be liable for the negligent infliction of serious emotional distress or disturbance if the distress or disturbance arises solely out of damage to property or material objects.

(b) This section shall not apply if the serious emotional distress or disturbance results in physical injury to or mental illness of the person who experiences the emotional distress or disturbance. [L Sp 1986, c 2, §22]
Haw. Rev. Stat. § 658F-5 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-5
Personal jurisdiction.
Status: in_force

(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:

(1) The defendant was served with process personally in the foreign country;

(2) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;

(3) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(4) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;

(5) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or

(6) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action aris ing out of that operation.

(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment. [L 2009, c 34, pt of §1]
Haw. Rev. Stat. § 674-7 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-7
Review by panel required.
Status: in_force

Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the State in the management and disposition of trust resources under the trust, shall file a claim therefor for review by the panel no later than August 31, 1995, or shall forever be barred.
Haw. Rev. Stat. § 658A-10 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-10
Consolidation of separate arbitration proceedings.
Status: in_force

(a) Except as otherwise provided in subsection (c), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:

(1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

(2) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(3) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

(4) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(b) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(c) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 674-2 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-2
Definitions.
Status: in_force

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

"Act" means the Hawaiian Homes Commission Act of 1920, as amended.

"Actual damages" means direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8.5 and consequential damages, sustained by the claimant individually rather than the beneficiary class generally, arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission by an employee of the State with respect to an individual beneficiary in the management and disposition of trust resources.

"Beneficiary" means any person eligible to receive benefits of homesteading and related programs from the Hawaiian home lands trust.

"Claimant" means a beneficiary who applies to the panel for a review of a claim for actual damages relating to the trust.

"Commission" means the Hawaiian homes commission.

"Compensation" means an award of actual damages to a claimant.

"Corrective action" means action to be taken by the department to correct a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission by an employee of the State in the management and disposition of trust resources.

"Department" means the department of Hawaiian home lands.

"Employee of the State" means the officers and employees of any state agency and any persons acting in behalf of a state agency in an official capacity.

"Native Hawaiian" means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian islands previous to 1778.

"Panel" means the Hawaiian home lands trust individual claims review panel.

"Trust" means the Hawaiian home lands trust. [L 1991, c 323, pt of §1; am L Sp 1995, c 14, §14]
Haw. Rev. Stat. § 653-9 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-9
Service on beneficiary.
Status: in_force

Service of process upon the beneficiary may be made as has been usual or shall be provided in the case of civil actions in general.
Haw. Rev. Stat. § 664-24 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-24
Pasturage in lieu of fences.
Status: in_force

In case the court finds it to be inequitable or inexpedient to establish a fence between adjoining lands, either because of the nature or situation of the lands, the shortness of the unexpired term of a lease or agreement, the scarcity of fencing materials, or the conflicting rights of the parties, it may, if the lands are grazing lands, in lieu of fencing, decide how many animals each owner, lessee, or occupant shall be at liberty to pasture upon the owner's, lessee's, or occupant's land under a penalty to be specified in the decree.

Revision Note

Semicolon after "the parties" changed to comma pursuant to §23G-15.
Haw. Rev. Stat. § 671-7 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-7
Professional liability insurance; coverage for telehealth.
Status: in_force

(a) Every insurer providing professional liability insurance for a health care provider shall ensure that every policy that is issued, amended, or renewed in this State on or after January 1, 2017, shall provide malpractice coverage for telehealth that shall be equivalent to coverage for the same services provided via face-to-face contact between a health care provider and a patient.

(b) No insurer providing professional liability insurance policies shall require face-to-face contact between a health care provider and a patient as a prerequisite for coverage of services appropriately provided through telehealth in accordance with generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this section may be subject to all terms and conditions of the policy agreed upon between the health care provider and the insurer.

(c) For purposes of this section:

"Distant site" means the location of the health care provider delivering services through telehealth at the time the services are provided.

"Originating site" means the location where the patient is located, whether accompanied or not by a health care provider, at the time services are provided by a health care provider through telehealth, including but not limited to a health care provider's office, hospital, critical access hospital, rural health clinic, federally qualified health center, a patient's home, and other non-medical environments such as school-based health centers, university-based health centers, or the work location of a patient.

"Telehealth" means the use of telecommunications services, as defined in section 269‑1, to encompass four modalities: store and forward technologies, remote monitoring, live consultation, and mobile health; and which shall include but not be limited to real-time video conferencing-based communication, secure interactive and non‑interactive web-based communication, and secure asynchronous information exchange, to transmit patient medical information, including diagnostic-quality digital images and laboratory results for medical interpretation and diagnosis, for the purpose of delivering enhanced health care services and information while a patient is at an originating site and the health care provider is at a distant site. Standard telephone contacts, facsimile transmissions, or e-mail text, in combination or by itself, does not constitute a telehealth service for the purposes of this section. [L 2016, c 226, §4]

Revision Note

In subsection (a), "January 1, 2017" substituted for "the effective date of Act [226], Session Laws of Hawaii 2016".
Haw. Rev. Stat. § 663-10.4 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-10.4
[ §663-10.
Status: repealed

[ §663-10.4] Liability of the State or county repair or maintenance of certain streets. [Section repealed July 1, 2030. L 2025, c 200, §4.] (a) The State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county.

The State or county that repaired or maintained the street, as applicable, may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time.

For the purposes of this subsection, "street" has the same meaning as defined in section 291C-1.

(b) Agencies performing work pursuant to this section may post notice, signage, or other public communication clarifying that the repair does not establish permanent jurisdiction or ownership.

(c) For the purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over that street if the ownership or jurisdiction over the street is in dispute between the State and the county.

(d) This section shall apply only in a county with a population of more than two hundred thousand but less than five hundred thousand. [L 2025, c 200, §2]
Haw. Rev. Stat. § 667-34 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-34
§ §667-34 and 667-35 REPEALED.
Status: repealed

§ §667-34 and 667-35 REPEALED. L 2011, c 48, §§34, 35.
Haw. Rev. Stat. § 667-72 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-72
REPEALED.
Status: in_force

L 2012, c 182, § 61.
Haw. Rev. Stat. § 674-15 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-15
Limitations upon award of compensation or corrective action.
Status: in_force

No claim shall be made under this chapter for which a remedy was or is provided elsewhere under the laws of this State, which is or was the subject of pending or prior litigation, or which is predicated, in whole or in part, on an act or omission which occurred prior to August 21, 1959.
Haw. Rev. Stat. § 663-8.3 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-8.3
Loss or impairment of earning capacity; damages.
Status: in_force

(a) In all tort cases where damages are awarded for loss or impairment of earning capacity, the amount of probable future earnings shall be determined by taking into account the effect of probable taxes.

(b) Nothing in this section shall be construed to limit or restrict the use of other factors deemed appropriate by a court in calculating damages awarded for loss or impairment of earning capacity. [L Sp 1986, c 2, §18]
Haw. Rev. Stat. § 661-2 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-2
Judgment against claimant when.
Status: in_force

Upon the trial of any cause in which any counterclaim or other demand is set up on the part of the State against any person making claim against the State, the court shall, without the intervention of a jury, hear and determine the claim or demand both for and against the State and claimant; and if upon the whole case it finds that the claimant is indebted to the State, it shall render judgment to that effect.
Haw. Rev. Stat. § 651-14 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-14
Appointment of receiver.
Status: in_force

The court before which the action is pending, or the judge thereof, may at any time appoint a receiver whose pay shall be taken out of the fees of the police officer to take possession of property attached under this chapter, and to collect the revenues thereof, manage, and control the same, and pay over the proceeds according to the nature of the property and the exigency of the case.
Haw. Rev. Stat. § 664-4 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-4
Copy sent to department.
Status: in_force

Each commissioner of boundaries shall, within thirty days after issuing a certificate of boundaries, deposit a certified copy thereof in the office of the department of land and natural resources, and shall also deposit a certified copy of the approved or adopted plan thereof with the department.
Haw. Rev. Stat. § 658A-6 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-6
Validity of agreement to arbitrate.
Status: in_force

(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.

(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders. [L 2001, c 265, pt of §1]
Haw. Rev. Stat. § 657-32 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-32
How computed.
Status: in_force

If the right first accrued to any ancestor or predecessor of the person bringing the action or making the entry, or to any persons from, by, or under whom the person bringing the action or making the entry claims, the twenty years shall be computed from the time when the right first accrued to the ancestor, predecessor, or other persons.
Haw. Rev. Stat. § 653-8 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-8
Effect of service.
Status: in_force

(a) In case of service upon the garnishee, the serving officer's certificate of service or, if by mail, a copy of the return receipt shall be prima facie proof of the service.

(b) For purposes of this chapter, service is effective from the time when the copy is handed to, or left in the office of the garnishee, or reaches the garnishee or the garnishee's office by mail. [L 1890, c 50, §6; RL 1925, §2851; RL 1935, §4297; RL 1945, §10328; RL 1955, §238-8; HRS §653-8; gen ch 1985; am L 1992, c 82, §5]
Haw. Rev. Stat. § 666-4 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-4
Oral leases not exceeding one year, valid.
Status: in_force

Notwithstanding other provisions of law to the contrary, oral leases of real property for any period not exceeding one year shall be valid and enforceable to all intents and purposes as if in writing.
Haw. Rev. Stat. § 667-30 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-30
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 foreclosing mortgagee first towards the foreclosing mortgagee'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 foreclosing mortgagee. The foreclosing mortgagee, 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. § 657D-3 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-3
Protection of persons secondarily liable.
Status: in_force

(a) Whenever:

(1) The enforcement of any obligation or liability;

(2) The prosecution of any suit or proceeding;

(3) The entry or enforcement of any order, writ, judgment, or decree; or

(4) The performance of any other act;

may be stayed, postponed, or suspended, the stay, postponement, or suspension may likewise be granted in the discretion of the court to sureties, guarantors, endorsers, accommodation makers, and others, whether primarily or secondarily subject to the obligation or liability that is stayed, postponed, or suspended.

(b) When a judgment or decree is vacated or set aside in whole or in part as provided in this chapter, the court in its discretion may likewise set aside and vacate it as to any surety, guarantor, endorser, accommodation maker, or other person, whether primarily or secondarily liable upon the contract or liability for the enforcement of which the judgment or decree was entered.

(c) Whenever by reason of the military service of a principal, the sureties of a criminal bail bond are prevented from enforcing the attendance of their principal and performing their obligation, the court shall not enforce the provisions of the bond during the military service of that principal. The court, in accordance with principles of equity and justice, may discharge those sureties and exonerate the bail either during or after such service.

(d) Nothing in this chapter shall prevent a waiver in writing of the benefits afforded by subsections (a) and (b) by any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the obligation or liability, except that no such waiver shall be valid unless it is executed as an instrument separate from the obligation or liability in respect of which it applies. No such waiver shall be valid after the beginning of the period of military service if executed by:

(1) An individual who subsequent to the execution of that waiver becomes a person in military service; or

(2) A dependent of the individual. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 672E-7 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-7
Mediation.
Status: in_force

(a) If the parties are unable to resolve the claim pursuant to section 672E-5 or 672E-6, all parties shall attempt to resolve the dispute through mediation, even if mediation is not otherwise ordered or mandated by contract or by law; provided that the parties shall not be required to attempt to resolve the dispute through mediation more than once.

(b) Mediation shall be completed within twelve months of the filing of the notice of the claim, unless the parties agree or the court orders otherwise. [L 2004, c 119, pt of §2; am L 2025, c 308, §5]
Haw. Rev. Stat. § 651-45 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-45
Postponement of sale.
Status: in_force

If, at the time appointed for the sale, the officer deems it expedient, and for the interest of all persons concerned therein, to postpone the sale, for want of purchasers or for other sufficient cause, the officer may postpone it from time to time, until the sale is completed; giving notice of every such adjournment, by a public declaration thereof, at the time and place previously appointed for the sale. [CC 1859, §1025; am L 1905, c 16, §1; RL 1925, §2449; RL 1935, §4148; RL 1945, §10175; RL 1955, §233-44; HRS §651-45; gen ch 1985]
Haw. Rev. Stat. § 651C-7 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-7
Remedies of creditors.
Status: in_force

(a) In any action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations provided in section 651C-8, may obtain:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by chapter 651;

(3) Subject to applicable principles of equity and in accordance with applicable civil rules of procedure:

(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(C) Any other relief the circumstances may require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor may, if the court so orders, levy execution on the asset transferred or its proceeds. [L 1985, c 216, pt of §1]
Haw. Rev. Stat. § 653-10 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-10
Superiors and successors of garnishee.
Status: in_force

The obligations and inhibitions imposed upon the garnishee shall be equally binding upon the garnishee's official superiors and successors, to whose notice the fact shall come, of the service upon the garnishee.
Haw. Rev. Stat. § 658B-5 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-5
Determining the amount of the money of certain contract claims.
Status: in_force

(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.

(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the exchange rate prevailing on a date prior to default, that exchange rate applies only for payments made a reasonable time after default, not to exceed thirty days. Thereafter, conversion is made at the bank- offered spot rate on the conversion date.

(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money must, when received by the creditor, equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator, as the case may be, shall have jurisdiction to and shall, amend the judgment or award accordingly. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 658H-10 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-10
Participation in mediation.
Status: in_force

An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.
Haw. Rev. Stat. § 663-2 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-2
Defense of lawful detention.
Status: in_force

[(a)] In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights, brought by any person by reason of having been detained on or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, or a motion picture theater for the purpose of investigation or questioning as to an unauthorized audiovisual recording of a motion picture, it shall be a defense to the action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a police officer or by the owner of the retail mercantile establishment or motion picture theater, the owner's authorized employee, or agent, and that such police officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit larceny of merchandise or unauthorized audiovisual recording of a motion picture on the premises.

[(b)] As used in this section:

"Motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the unauthorized audiovisual recording of a motion picture.

"Reasonable grounds" includes, but is not limited to, knowledge that a person has concealed possession of unpurchased merchandise of the retail mercantile establishment or has made an unauthorized audiovisual recording of a motion picture taken at a motion picture theater.

"Reasonable time" means the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment or motion picture theater relative to the ownership of the merchandise or making of an unauthorized audiovisual recording of a motion picture.

"Retail mercantile establishment" means a place where goods, wares, or merchandise are offered to the public for sale.

[(c)] This section applies to legal actions resulting from detentions occurring after May 21, 1967, for retail merchant establishments, and after May 18, 2005, for motion picture theaters. [L 1967, c 107, §1; HRS §663-2; am L 1972, c 144, §2(b); gen ch 1985; am L 2005, c 59, §2]

Revision Note

"May 18, 2005" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 668-17 — HI Code / Division 4 / Title 36 / Chapter 668 / Section 668-17
Costs.
Status: in_force

All costs of the proceedings in partition shall be paid by the plaintiff in the first instance, but eventually by all of the parties in proportion to their interests, except such costs which may be occasioned by contests as to particular shares or interests, which shall be charged against the particular shares or interests involved and be paid as determined by the result of the trial of the particular issue. In addition to costs of the proceeding the judge may allow any fee or fees for legal services rendered by the attorneys for any of the parties, and apportion the same for costs for payment by and between the parties or any of them, all as to the judge shall seem equitable in the light of the services performed and the benefits derived therefrom by the parties, respectively. When more than ten defendants are named in a complaint for partition, no greater payment for costs shall be required of the plaintiff than would be required if there were but ten defendants.
Haw. Rev. Stat. § 667-96 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-96
Public notice of public sale; contents; distribution; publication.
Status: in_force

(a) The association shall prepare the public notice of the public sale. The public notice shall state:

(1) The date, time, and place of the public sale;

( 2 ) The unpaid balance of the moneys owed to the association;

( 3 ) A description of the unit, including the address and the tax map key number of the unit;

( 4 ) The name of the unit owner;

( 5 ) The name of the association;

( 6 ) The name of any prior or junior creditors having a recorded lien on the unit before the recordation of the notice of default and intention to foreclose under section 667- 93 ;

( 7 ) The name, the address in the State, and the telephone number in the State of the person in the State conducting the public sale; and

( 8 ) The terms and conditions of the public sale.

(b) The public notice shall also contain wording substantially similar to the following in all capital letters:

"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 PLUS THE ASSOCIATION'S ATTORNEY'S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING 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."

(c) If the default is not cured as required by the notice of default and intention to foreclose, the association shall have a copy of the public notice of the public sale of the unit:

(1) Mailed or delivered to the unit owners at their respective last known addresses;

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

(3) Mailed or delivered to the state director of taxation;

(4) Mailed or delivered to the director of finance of the county where the unit is located;

(5) Posted on the unit or on such other real property of which the unit is a part; and

(6) Mailed or delivered to any other person entitled to receive notice under section 667-5.5 or 667-21.5.

(d) The association 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 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(2) , §§62, 69(5) ]
Haw. Rev. Stat. § 672E-10 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-10
Release.
Status: in_force

If the parties resolve the claim in whole or in part, the claimant shall be barred from bringing an action for the resolved claims.
Haw. Rev. Stat. § 664-22 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-22
Jurisdiction.
Status: in_force

The circuit courts shall have jurisdiction within their respective circuits to hear and determine without the intervention of a jury all controversies respecting the fencing of land and the maintenance of fences in accordance with this part.
Haw. Rev. Stat. § 653-13 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-13
Effect of discontinuance, appeal, exceptions.
Status: in_force

In case of the withdrawal or discontinuance of the action, or of the rendition of judgment therein wholly favorable to the beneficiary, from or to which judgment no appeal or exceptions have been noted at the time when it was rendered, and the certification thereof to the garnishee, the inhibitions placed upon the garnishee by the service of the copy shall be void, and of no further effect. But in case of judgment being rendered for either party in the action from or to which an appeal or exceptions have been noted at the time, the garnishee shall continue bound by the service until the result of the appeal or exceptions have been duly certified to the garnishee as hereinbefore provided.
Haw. Rev. Stat. § 667-103 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-103
Recordation; full satisfaction of debt by unit owner.
Status: in_force

Except as provided in section 667-92(f)(2), the recordation of both the conveyance document and the affidavit shall not operate as full satisfaction of the debt owed by the unit owner to the association unless the sale proceeds from the unit or the amounts paid by a purchaser under the special assessment permitted by section 421J-10.5 or 514B-146 are sufficient to satisfy the unit owner's debt to the association, including the association's legal fees and costs. The debts of other lien creditors are unaffected except as provided in this part.
Haw. Rev. Stat. § 667-104 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-104
Prohibited conduct.
Status: in_force

It shall be a prohibited practice for any association to engage in any of the following practices:

(1) Holding a public sale on a date, at a time, or at a place other than that described in the public notice of the public sale or a properly noticed postponement;

(2) Specifying a fictitious place in the public notice of the public sale;

(3) Conducting a postponed public sale on a date other than the date described in the new public notice of the public sale; or

(4) Completing or attempting to complete nonjudicial foreclosure proceedings against a unit owner in violation of section 667-92(c). [L 2012, c 182, pt of §3(2)]
Haw. Rev. Stat. § 651-95 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-95
Sale where real property cannot be divided; application of proceeds.
Status: in_force

[(a)] If the defendant is entitled to an exemption as provided in section 651-92, and if, from the appraiser's report, it appears to the court that the real property claimed exceeds in value the amount of the real property exemption, all liens and encumbrances recorded prior to the judgment lien under which sale is to be made and an amount equal to estimated execution costs, attorney's and appraiser's fees, and other fees, and that it cannot be divided under section 651-94, the court shall make an order directing its sale under the execution, subject to all liens and encumbrances recorded prior to the lien under which the sale is to be made.

[(b)] If the sale is made, the proceeds thereof shall be applied in the following order of priority: first, to the defendant to the amount of the exemption; 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 exercise their right of recovery. [L 1976, c 136, pt of §1; am L 1978, c 46, §9; gen ch 1985]
Haw. Rev. Stat. § 654-7 — HI Code / Division 4 / Title 36 / Chapter 654 / Section 654-7
Judgment.
Status: in_force

The judgment shall determine which party is entitled to the possession of the property and shall designate the party's right therein and if the party has not the possession thereof shall also determine the value of the right of the party. The court may also award judgment for damages resulting from the detention of the property. Any money judgment against any party shall also be against the sureties on the party's bond. [L Sp 1949, c 7, pt of §1; RL 1955, §244-27; HRS §654-28; ren HRS §654-7; gen ch 1985]
Haw. Rev. Stat. § 672E-1 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-1
Definitions.
Status: in_force

The following terms, whenever used in this chapter, shall have the following meanings, unless a different meaning clearly appears in context:

"Action" means any civil proceeding, including but not limited to arbitration, in which damages or other relief may be awarded or enforced with respect to an alleged construction defect.

"Association" means a nonprofit, incorporated, or unincorporated organization upon which responsibilities are imposed and authority is granted in the organization's declaration or bylaws.

"Claim" means any notice of claim by a claimant to a contractor of a construction defect.

"Claimant" means any person, entity, partnership, corporation, or association asserting a claim concerning an alleged construction defect.

"Common area" means real property within a planned community that is owned or leased by the association or is otherwise available for the use of its members or designated as common area in or pursuant to the association's declaration or bylaws.

"Construction defect" means a deficiency in, or arising out of, the design, specifications, surveying, planning, construction, supervision, or observation of construction of a dwelling or premises.

"Contractor" means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, manufacturing, supplying products, developing, or constructing a dwelling.

"Dwelling" means a single-family house, duplex, or multi-family unit designed for residential use, including common areas and improvements that are owned or maintained by an individual, association, or other entity.

"Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

"Planned community" means a common interest community, including condominiums and cooperative housing corporations, and excluding time share plans.

"Premises" means a dwelling, including common areas and improvements that are owned or maintained by any person, firm, partnership, corporation, association, or other organization. "Premises" includes the systems, other component improvements, other structures, or recreational facilities appurtenant to, but not necessarily a part of, the dwelling or facility.

"Service" means personal service or delivery by certified mail, return receipt requested, to the last known address of the addressee. [L 2004, c 119, pt of §2; am L 2007, c 22, §2]
Haw. Rev. Stat. § 675-3 — HI Code / Division 4 / Title 36 / Chapter 675 / Section 675-3
Requirements.
Status: in_force

Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this Act shall do one of the following:

(a) become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

(b) (1) place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation)--

1999: $.0094241 per unit sold after the date of enactment of this Act;

2000: $.0104712 per unit sold;

for each of 2001 and 2002: $.0136125 per unit sold;

for each of 2003 through 2006: $.0167539 per unit sold;

for each of 2007 and each year thereafter: $.0188482 per unit sold.

(2) a tobacco product manufacturer that places funds into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances--

(A) to pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State or any releasing party located or residing in the State. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into escrow and (ii) only to the extent and at the time necessary to make payments required under such judgment or settlement;

(B) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

(C) to the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow and revert back to such tobacco product manufacturer twenty-five years after the date on which they were placed into escrow.

(3) Each tobacco product manufacturer that elects to place funds into escrow pursuant to this subsection shall annually certify to the Attorney General that it is in compliance with this subsection. The Attorney General may bring a civil action on behalf of the State against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall--

(A) be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this subsection, may impose a civil penalty to be paid to the general fund of the State in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;

(B) in the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the State in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and

(C) in the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State (whether directly or through a distributor, retailer or similar intermediary) for a period not to exceed 2 years.

Each failure to make an annual deposit required under this section shall constitute a separate violation.

The State shall be awarded its attorneys' fees and expenses incurred in prosecuting violations of this chapter. [L 1999, c 188, pt of §1; am L 2003, c 177, §7]
Haw. Rev. Stat. § 653-17 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-17
Warrants charged against beneficiary.
Status: in_force

All warrants drawn and delivered on account of any judgment, as hereinbefore provided, shall be noted and charged against the beneficiary in like manner as if they had been drawn and delivered to the beneficiary personally on account of such salary, stipend, wages, or annuity.
Haw. Rev. Stat. § 672E-11 — HI Code / Division 4 / Title 36 / Chapter 672E / Section 672E-11
Contract of sale; provisions.
Status: in_force

(a) Upon entering into a contract for sale of a new structure or the construction or substantial remodeling of a premises, the seller of the new structure shall provide to the purchaser of the new structure, and the contractor of the construction or substantial remodeling of the premises shall provide to the owner of the premises, notice of the contractor’s right to resolve alleged construction defects before a claimant may commence litigation against the contractor. The notice shall be conspicuous and included as part of the contract.

(b) The notice required by subsection (a) shall explicitly reference this chapter, and shall be in substantially the following form:

"CHAPTER 672E OF THE HAWAII REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO DESIGNED, REPAIRED, OR CONSTRUCTED YOUR HOME OR FACILITY. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THE LAW, AND FAILURE TO FOLLOW THEM MAY NEGATIVELY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION."
Haw. Rev. Stat. § 667-93 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-93
Recordation of notice of default and intention to foreclose.
Status: in_force

Before the deadline date in the notice of default and intention to foreclose, the notice may be recorded in a recordable form in a manner similar to recordation of notices of pendency of action under section 501-151 or section 634-51, or both, as applicable. The recorded notice of default and intention to foreclose shall have the same effect as a notice of pendency of action. From and after the recordation of the notice of default and intention to foreclose, any person who becomes a purchaser or encumbrancer of the unit shall be deemed to have constructive notice of the power of sale foreclosure and shall be bound by the foreclosure.
Haw. Rev. Stat. § 657D-22 — HI Code / Division 4 / Title 36 / Chapter 657D / Section 657D-22
Installment contracts for purchase of property.
Status: in_force

(a) No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, or of lease or bailment with a view to purchase of that property, a deposit or installment of the purchase price, or a deposit or installment under the contract, lease, or bailment, from a person or from the assignor of a person who, after the date of payment of such deposit or installment, has entered military service, shall exercise any right or option under the contract to rescind or terminate the contract or resume possession of the property for nonpayment of any installment due or for any other breach of the terms occurring prior to or during the period of such military service, except by action in a court of competent jurisdiction.

(b) Any person who knowingly resumes possession of property that is the subject of this section otherwise than as provided in subsection (a) or in section 657D-6 or attempts so to do, shall be guilty of a misdemeanor.

(c) Upon the hearing of that action the court may order the repayment of prior installments or deposits or any part thereof, as a condition of terminating the contract and resuming possession of the property, or on its own motion or on application to it by the person in military service or a person on behalf of such person, shall order a stay of proceedings as provided in this chapter unless, in the opinion of the court, the ability of the defendant to comply with the terms of the contract is not materially affected by reason of that service; or it may make such other disposition of the case as may be equitable to preserve the interests of all parties. [L 1994, c 257, pt of §2]
Haw. Rev. Stat. § 660-12 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-12
By supreme court; to whom returnable.
Status: in_force

Whenever the writ or order to show cause is issued by the supreme court or a justice thereof, it may be made returnable before the supreme court or a circuit court.
Haw. Rev. Stat. § 663E-3 — HI Code / Division 4 / Title 36 / Chapter 663E / Section 663E-3
Limitations for recovery of damages; state recovery.
Status: in_force

(a) An individual drug user may not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this section. An individual drug user may bring an action for damages caused by that individual's use of an illegal drug only if all of the following conditions are met:

(1) The individual has not used an illegal drug within the six months before filing the action; and

(2) The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.

(b) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, the illegal drug that was used by the individual drug user.

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

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

(2) Reasonable attorney's fees; and

(3) Costs of suit including but not limited to reasonable expenses for expert testimony.

(d) Twenty-five per cent of any actual recovery of damages by the plaintiff under this section, whether by settlement, execution on a judgment, or otherwise, shall be turned over to the State for deposit into the general fund. [L 2004, c 44, pt of §13]
Haw. Rev. Stat. § 657-9 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-9
Action barred in foreign jurisdiction.
Status: in_force

When a cause of action has arisen in any foreign jurisdiction, and by the laws thereof an action thereon cannot there be maintained against a person, by reason of the lapse of time, an action thereon shall not be maintained against the person in this State, except in favor of a domiciled resident thereof, who has held the cause of action from the time it accrued. [CC 1859, §1167; RL 1925, §2646; RL 1935, §3917; RL 1945, §10428; RL 1955, §241-8; HRS §657-9; gen ch 1985]
Haw. Rev. Stat. § 669-13 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-13
Restrictions as to owner of property.
Status: in_force

This part shall not apply to any de minimis structure position discrepancy on public lands, as defined in section 171-2, or to such encroaching improvements incident to shoreline boundaries. If real property subject to this section is owned by a county, any improvement within a de minimis structure position discrepancy shall be removed at the expense of the property owner who constructed the improvement, or the property owner's successor in interest, upon notice, in accordance with the respective county procedures or ordinances.
Haw. Rev. Stat. § 651-36 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-36
Execution, courts of record; form.
Status: in_force

The forms of executions to be issued from courts of record shall be the same as have been established by the usage and practice of such courts; but alterations therein may, from time to time, be made or allowed by the supreme court, when necessary to adapt them to changes in the law, or for other sufficient reasons. [CC 1859, §1019; RL 1925, §2440; RL 1935, §4139; RL 1945, §10166; RL 1955, §233-35; HRS §651-36]
Haw. Rev. Stat. § 662-18 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-18
Conclusive presumptions; unexploded ordnance on Kaho ‘olawe and in the ocean adjacent to Kaho ‘olawe.
Status: in_force

(a) The State shall have a duty to warn persons who enter the Kaho‘olawe island reserve specifically of the dangers posed by unexploded ordnance on the island or in the adjacent ocean.

(b) A sign, signs, or other device warning of the dangers posed by unexploded ordnance on the island or in the adjacent ocean shall be conclusively presumed to be legally adequate to warn of those dangers if:

(1) The State posts the sign, signs, or other device on the island; and

(2) The design and placement of the sign, signs, or other device is approved by the Kaho‘olawe island reserve commission.

(c) Prior to approving the design and placement of a warning sign, signs, or device under this section, the Kaho‘olawe island reserve commission shall:

(1) Consider the needs of the public to be warned of the dangers posed by unexploded ordnances on the island and in its adjacent ocean; and

(2) Consult the task force on warning signs and devices for the Kaho‘olawe island reserve.

The Kaho‘olawe island reserve commission may seek the advice of the United States Navy or other agency of the United States of America with respect to the appropriate design of warning signs or devices and their placement. The Kaho‘olawe island reserve commission may require warning signs or devices in addition to the signage before approving the design and placement of a warning sign or device.

(d) Approval of the design and placement of a warning sign or device under this section shall be a discretionary function under section 662-15(1).

(e) If a warning sign or device posted or established in accordance with this section is vandalized, otherwise removed, or made illegible, the conclusive presumption provided by subsection (b) shall continue for a period of ten days from the date that the vandalism, removal, or illegibility is discovered by the State. The Kaho‘olawe island reserve commission shall maintain a record regarding each report of vandalism, removal, or illegibility that results in the replacement of a warning sign or device on the island of Kaho‘olawe. The record shall include the date and time of the report and of the replacement of the warning sign or device.

(f) Chapter 91 shall not apply to any action taken, or any procedure followed by the Kaho‘olawe island reserve commission pursuant to this section. [L 2002, c 218, §2]
Haw. Rev. Stat. § 657-8 — HI Code / Division 4 / Title 36 / Chapter 657 / Section 657-8
Limitation of action for damages based on construction to improve real property.
Status: in_force

(a) No action, whether in contract, tort, statute, or otherwise, to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of any deficiency or neglect in the planning, design, construction, supervision and administering of construction, and observation of construction relating to an improvement to real property shall be commenced more than ten years after the date of completion of the improvement.

(b) This section shall not be construed to extend any shorter period of limitation under this chapter, including the six-year statute of limitations under section 657-1 or the two-year statute of limitations for damages to persons or property under section 657-7, as applicable, subject to the ten-year statute of repose under subsection (a).

(c) This section shall not apply to actions for damages against owners or other persons having an interest in the real property or improvement based on their negligent conduct in the repair or maintenance of the improvement or to actions for damages against surveyors for their own errors in boundary surveys. An improvement shall be deemed substantially complete upon the earliest of the following:

(1) The issuance of a certificate of occupancy; or

(2) The filing of an affidavit of publication and notice of completion within the circuit court of the judicial circuit where the property is situated in compliance with section 507-43(f).

If the improvement consists of multiple buildings or improvements, each building or improvement shall be considered as a separate improvement for the purpose of determining the limitations period set forth in this section.

(d) This section shall not be construed to prevent, limit, or extend any shorter period of limitation applicable to sureties provided for in any contract or bond or any other statute, nor to extend or add to the liability of any surety beyond that for which the surety agreed to be liable by contract or bond.

(e) Nothing in this section shall exclude or limit the liability provisions as set forth in the products liability laws.

(f) For the purposes of this section:

"Date of completion" means the time when there has been substantial completion of the improvement or the improvement has been abandoned.

"Improvement" has the same meaning as in section 507-41. [L 1967, c 194, §1; HRS §657-8; am L 1972, c 133, §1; am L 1974, c 73, §1; am L 1979, c 185, §1; am L 1980, c 70, §2 and c 232, §34; am L 1983, c 120, §1; am L 1994, c 164, §1; am L 2025, c 308, §1]
Haw. Rev. Stat. § 666-7 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-7
Jurisdiction; joinder.
Status: in_force

In any action for summary possession begun under this chapter, the plaintiff may join claims for rent, lodging, board, profits, damages, and waste, where these arise out of and refer to the land or premises, irrespective of the amount claimed.

In any such action, whether the ground or cause is nonpayment of rent or otherwise, the plaintiff may join in the action a prayer for accrued rent due, if any, and also for rent, profits, and damages up to the time of judgment, if such is rendered in the plaintiff's favor, without prejudice to such action or ground for summary possession as may be set forth in the complaint. [L 1915, c 171, §1; am L 1923, c 93, §1; RL 1925, §2780; RL 1935, §4015; RL 1945, §10406; am L 1945, c 216, §1; RL 1955, §240-7; HRS §666-7; am L 1972, c 90, §8(d); gen ch 1985]
Haw. Rev. Stat. § 660-24 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-24
Hearing without delay.
Status: in_force

Upon the return of the writ or order to show cause, the court shall proceed without delay to examine the causes of imprisonment or restraint. The examination may be adjourned from time to time as circumstances may reasonably require.
Haw. Rev. Stat. § 658H-2 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-2
Definitions.
Status: in_force

In this chapter:

"International commercial mediation" means a process, whether referred to by the expression conciliation, mediation, or similar expression, whereby parties:

(1) To an agreement to conciliation have, at the time of the conclusion of that agreement, their places of business in different countries; or

(2) Who have their places of business in a country that is different from either the country in which a substantial part of the obligations of the commercial relationship is to be performed or the country with which the subject matter of the dispute is mostly closely connected,

request a third person or persons, who do not have the authority to impose upon the parties a solution to the dispute, to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship.

"Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

"Mediation communication" means a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

"Mediation party" means a person who participates in a mediation and whose agreement is necessary to resolve the dispute.

"Mediator" means an individual who conducts a mediation.

"Model law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on June 24, 2002, and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated November 19, 2002.

"Nonparty participant" means a person, other than a party or mediator, who participates in a mediation.

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

"Proceeding" means:

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

(2) A legislative hearing or similar process.

"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.

"Sign" means to:

(1) Execute or adopt a tangible symbol with the present intent to authenticate a record; or

(2) Attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 666-8 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-8
Service.
Status: in_force

The summons shall be served as provided by the rules of court.

In the event that any defendant cannot be served within the circuit, service may be made in any part of the State.

If any defendant cannot be served with process within the State, and the facts shall appear by affidavit or otherwise to the satisfaction of the court, service as to such defendant may be made according to the special order of the court, but such order shall in any case include a direction to the officer to leave a certified copy of the complaint and summons with some agent or employee of mature years of the defendant, provided the agent or employee can be found upon the premises or elsewhere within the circuit, and also to affix in a conspicuous place upon the premises (as upon the wall of any store, shop, dwelling, or other building thereon, and if there is no such building, then upon some other permanent object thereon, as a tree or fence) a certified copy of the complaint and summons. The order shall further require that a certified copy of the complaint and summons be sent to the defendant by certified or registered mail, postage prepaid, unless it is shown by affidavit or otherwise to the satisfaction of the court that the address of the defendant is unknown and cannot be ascertained. [CC 1859, §941; am L 1905, c 95, §2; RL 1925, §2781; RL 1935, §4018; RL 1945, §10407; RL 1955, §240-8; HRS §666-8; am L 1972, c 90, §8(e)]
Haw. Rev. Stat. § 669-3 — HI Code / Division 4 / Title 36 / Chapter 669 / Section 669-3
Notice by publication or registered mail.
Status: in_force

In any action brought under section 669-1(a) or (b), unknown persons and any known persons who do not reside within the State or cannot after due diligence be served with process within the State may be served as provided by sections 634-23, 634-24, and 634-26; provided that section 634-23(3) notwithstanding, service by publication in any action brought under section 669-1(a) or (b) shall be made in an English language newspaper published in and having a general circulation in the circuit in which the action or proceeding has been instituted, and if the action or proceeding has been instituted in any circuit other than the first circuit, service by publication shall also be made in an English language newspaper having a general circulation in the State. Publication shall be made in such manner and for such time as the court may order, but not less than once in each of four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated herein unless a different time is prescribed by order of the court. A copy of the summons also shall be posted upon the real property concerned in the action or proceeding.
Haw. Rev. Stat. § 651-41 — HI Code / Division 4 / Title 36 / Chapter 651 / Section 651-41
Priority in levying.
Status: in_force

Every officer receiving a writ of execution issued in due form by any court or judge, shall note thereon the day and hour of its receipt, and the officer shall give priority in levying upon property of the defendant in execution, to the writs received by the officer according to the order of time in which they are received. [CC 1859, §1021; RL 1925, §2445; RL 1935, §4144; RL 1945, §10171; RL 1955, §233-40; HRS §651-41; gen ch 1985]
Haw. Rev. Stat. § 671-2 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-2
REPEALED.
Status: in_force

L Sp 1986, c 2, §12.
Haw. Rev. Stat. § 651C-10 — HI Code / Division 4 / Title 36 / Chapter 651C / Section 651C-10
Supplement of provisions.
Status: in_force

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
Haw. Rev. Stat. § 659-10 — HI Code / Division 4 / Title 36 / Chapter 659 / Section 659-10
Other actions.
Status: in_force

Nothing in this chapter shall preclude the obtaining of relief available by quo warranto by other appropriate action.
Haw. Rev. Stat. § 653-1 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-1
Government beneficiary defined.
Status: in_force

Any officer or employee, or other person in the service of the government of the State, or of any political or municipal subdivision thereof, or in receipt of, or entitled to a salary, stipend, or wages, from the State, or any department, board, or bureau thereof, or from any political or municipal subdivision of the State, shall for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government beneficiary, hereinafter denominated such beneficiary.
Haw. Rev. Stat. § 673-6 — HI Code / Division 4 / Title 36 / Chapter 673 / Section 673-6
Award or judgment as bar.
Status: in_force

An award or judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the agent, officer, or employee of the State whose act or omission gave rise to the claim.
Haw. Rev. Stat. § 658D-9 — HI Code / Division 4 / Title 36 / Chapter 658D / Section 658D-9
Enforcement.
Status: in_force

(a) Arbitral or other awards or settlements issued pursuant to this chapter by the center shall be enforced by the circuit courts of this State as permitted by law and consistent with the United States Arbitration Act, 9 U.S.C. §201, et seq., and the enforcement provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by 9 U.S.C. §201, et seq., unless subsection (b) below is applicable.

(b) Where the parties specifically submit to jurisdiction of this chapter pursuant to section 658D-6, the center may require those parties residing in countries not signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by 9 U.S.C. §201, et seq., and not having sufficient assets otherwise within the jurisdiction of the circuit courts of this State, to post such bonds or other security as the center shall deem appropriate to ensure reasonable likelihood of enforcement of any award or other relief ultimately ordered by the center in the proceeding. [L 1988, c 186, pt of §1]

Revision Note

In subsection (b), "assure" changed to "ensure" pursuant to §23G-15.
Haw. Rev. Stat. § 674-9 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-9
Panel hearing or review proceedings; fact-finding; evidence.
Status: in_force

No persons other than the panel or hearings officer, the claimant, representatives of the concerned state agency, legal counsel, witnesses, and persons called by the panel to assist in its review, shall be present during any hearing or other proceedings conducted by the panel, except with the permission of the chairperson. For every claim filed, the department shall be notified and shall be entitled to be present during any hearing or other proceeding conducted by the panel. The panel may, in its discretion, conduct an inquiry of a party, witness, or any other person without the presence of any or all parties.

All proceedings shall be informal. Except as otherwise provided in this chapter, chapters 91 and 92 shall not apply. For the purpose of this chapter, the panel shall prepare a record of each claim. The record shall include:

(1) All correspondence, pleadings, motions, and rulings;

(2) Evidence received or considered, including oral or written testimony, exhibits, and a statement of any matters officially noticed;

(3) Offers of proof and rulings thereon;

(4) Proposed findings and exceptions;

(5) Staff memoranda, including investigative reports, submitted to members of the panel in connection with their review of the claim;

(6) Recommended or proposed findings of the hearings officer who presided at the hearing; and

(7) The panel findings and advisory opinion.

No matters outside the record shall be considered by the panel in reviewing and evaluating a claim. Unless otherwise provided by chapter 92F, the record of each claim shall be public and open for public inspection, except that staff memoranda, including investigative reports, shall be confidential and shall be made public only after a hearing has been held on the claim pursuant to the panel's rules. At the discretion of the panel, staff memoranda, including investigative reports, may be disclosed to the parties prior to a hearing on the claim. Any party to whom a staff memorandum or investigative report is disclosed shall maintain its confidentiality and may make public its contents only after a hearing has been held on the claim.

The panel may require a stenographic record of all or part of its proceedings for the use of the panel, but the stenographic record shall not be made available to the parties. The panel may receive any oral or documentary evidence, or any matter that, in the opinion of the panel, may contribute to its function under this chapter, whether or not the statement, document, information or matter would be admissible in a court of law. Questioning of parties, and witnesses may be conducted by the panel, and the panel may, in its discretion, permit any party, or any counsel for a party to question other parties, witnesses, or other persons appearing before the panel. Discovery by the parties shall not be allowed. [L 1991, c 323, pt of §1; am L 1993, c 351, §6]
Haw. Rev. Stat. § 658B-8 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-8
Conversions of foreign money in a distribution proceeding.
Status: in_force

The rate of exchange prevailing at or near the closing of business on the day the proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding must assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
Haw. Rev. Stat. § 664-36 — HI Code / Division 4 / Title 36 / Chapter 664 / Section 664-36
Appeal.
Status: in_force

Any party aggrieved by the judgment 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. § 661-3 — HI Code / Division 4 / Title 36 / Chapter 661 / Section 661-3
No jurisdiction, when.
Status: in_force

No person shall file or prosecute under this part any claim for or in respect to which that person or any assignee of that person has pending an action against a person who, at the time when the claim alleged in the action arose, was, in respect thereto, acting or professing to act, directly or indirectly, under the authority of the State.
Haw. Rev. Stat. § 671-13 — HI Code / Division 4 / Title 36 / Chapter 671 / Section 671-13
Medical inquiry and conciliation panel proceedings; voluntary settlement.
Status: in_force

[(a)] Every inquiry regarding a medical tort shall be processed by the medical inquiry and conciliation panel within thirty days after the last date for filing a response. No persons other than the panel, witnesses, and consultants called by the panel, and the persons listed in section 671-14 shall be present except with the permission of the chairperson. The panel may, in its discretion, conduct an inquiry of a party, witness, or consultant without the presence of any or all parties.

[(b)] The proceedings shall be informal. Chapters 91 and 92 shall not apply. The panel may require a stenographic record of all or part of its proceedings for the use of the panel, but the record shall not be made available to the parties. The panel may receive any oral or documentary evidence. The panel shall conduct proceedings in a manner appropriate to the circumstances of the inquiry and to facilitate resolution of the matter. The panel shall conduct proceedings in a non-adversarial manner consistent with the primary purpose of conciliation.

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

[(d)] At panel proceedings and to assist its conciliation role, the panel may consider, but not be limited to, statements or testimony of witnesses, hospital and medical records, nurses' notes, x-rays, and other records kept in the usual course of the practice of the health care provider without the necessity for other identification or authentication, statement of fact, or opinion on a subject contained in a published treatise, periodical, book, or pamphlet, or statements of experts without the necessity of the experts appearing at the proceeding. The panel may upon the application of any party or upon its own decision appoint as a consultant, an impartial and qualified physician, surgeon, physician and surgeon, or other professional person or expert to testify before the panel or to conduct any necessary professional or expert examination of the party initiating the inquiry or relevant evidentiary matter and to report to or testify as a witness thereto. The consultant shall not be compensated or reimbursed except for travel and living expenses to be paid as provided in section 671-11. Except for the production of hospital and medical records, nurses' notes, x-rays, and other records kept in the usual course of the practice of the health care provider, discovery by the parties shall not be allowed.

[(e)] During the proceedings or at any time before termination, the panel may encourage the parties to settle or otherwise dispose of the inquiry voluntarily. [L 1976, c 219, pt of §2; am L 1979, c 80, §2; am L 1983, c 223, §5; am L 1988, c 132, §1; am L 1989, c 245, §2; am L 2012, c 296, pt of §4]
Haw. Rev. Stat. § 658H-7 — HI Code / Division 4 / Title 36 / Chapter 658H / Section 658H-7
Prohibited mediator reports.
Status: in_force

(a) Except as agreed to in writing by the parties or as permitted in subsection (b), a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.

(b) A mediator may disclose:

(1) Whether a mediation occurred or has terminated, whether a settlement was reached, and attendance at the mediation;

(2) Mediation communication as permitted under section 658H-6; or

(3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment, except as prohibited under section 658H-6(a)(7).

(c) A report, assessment, evaluation, recommendation, finding, or other communication made in violation of subsection (a) shall not be considered by a court, administrative agency, or arbitrator. [L 2013, c 284, pt of §1]
Haw. Rev. Stat. § 674-8 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-8
Powers and procedures of the panel.
Status: in_force

(a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take such testimony as the panel deems advisable. The panel shall fix a time and place for hearings or other proceedings on such claim and shall cause notice thereof to be given to the claimant, the department and commission. The panel may, for good cause, allow claims to be consolidated for review.

(b) A majority of all members to which the panel is entitled, which shall include the chairperson, shall constitute a quorum for the panel to meet and review any claim, and the concurrence of a majority of all the members to which the panel is entitled shall be necessary for any findings and advisory opinion issued by the panel to be valid.

(c) Any member of the panel may administer oaths or affirmations to witnesses appearing before the panel. The panel shall have powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as are conferred upon a circuit court. Subpoenas shall be issued under the signature of the chairperson or any person designated by the chairperson. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the panel, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in the circuit courts, and shall be payable from funds appropriated for expenses of administration. Notwithstanding such provisions, the panel shall attempt to secure the voluntary appearance, testimony and cooperation of parties, witnesses and other persons appearing before the panel without coercion.

(d) The panel may appoint a hearings officer or officers, not subject to chapter 76, to hear any claims and render recommended findings. The hearings officer or officers shall have the same authority as the panel in conducting hearings or proceedings under this chapter. The recommended findings of the hearings officer or officers shall be subject to review and redetermination by the panel.

(e) Upon written acceptance by a claimant or an acceptance as provided in section 674-17, the panel shall disburse any compensation awarded by the legislature and undertake such other action as may be provided by law. [L 1991, c 323, pt of §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 666-2 — HI Code / Division 4 / Title 36 / Chapter 666 / Section 666-2
Tenancy from month to month, etc.
Status: reserved

§666-2 Tenancy from month to month, etc.; termination, extension. Notwithstanding other provisions of law to the contrary, when real property is rented for an indefinite time with monthly or other periodic rent reserved, such holding shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall only be terminated by written notice to vacate or of intention to vacate given twenty-five days or more preceding the end of any month or period by either landlord or tenant to the other; provided that when any tenant, without such notice having been given by either landlord or tenant to the other, retains possession of rented premises for any period of time after the expiration of such month or period, a valid and enforceable tenancy shall be thereby created for an additional month or period, as the case may be; provided further that when a tenant under such a tenancy fails to pay the rent reserved at the time agreed upon, the landlord may terminate the tenancy by giving to the tenant a written notice to vacate of not less than five days.
Haw. Rev. Stat. § 662-1 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-1
Definitions.
Status: in_force

As used in this chapter the term:

"Acting within the scope of the employee's office or employment", in the case of a member of the Hawaii National Guard or Hawaii state defense force, means acting in the line of duty.

"Employees of the State" includes officers and employees of any state agency, members of the Hawaii national guard, Hawaii state defense force, and persons acting in behalf of a state agency in an official capacity, temporarily, whether with or without compensation. "Employees of the State" also includes persons employed by a county of this State as lifeguards and designated to provide lifeguard services at a designated state beach park under an agreement between the State and that county.

"State agency" includes the executive departments, boards, and commissions of the State but does not include any contractor with the State. [L 1957, c 312, pt of §1; Supp, §245A-1; HRS §662-1; am L 1988, c 135, §1; am L 1991, c 316, §1; am L 2015, c 35, §19]
Haw. Rev. Stat. § 674-14 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-14
Annual report.
Status: in_force

The panel shall prepare a report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1998, and a final report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1999, which summarizes its activities in furtherance of this chapter, and shall include a summary of each claim brought before the panel, the panel's findings and advisory opinion regarding the merits of each claim, and an estimate of the probable compensation or recommended corrective action by the State, for action by the legislature in regular session.
Haw. Rev. Stat. § 658B-12 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-12
Effect of currency revalorizations.
Status: in_force

(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.

(b) If substitution under subsection (a) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator, as the case may be, shall have jurisdiction to, and shall, amend the judgment or award by a like conversion of the former money. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 658B-6 — HI Code / Division 4 / Title 36 / Chapter 658B / Section 658B-6
Asserting and defending a foreign-money claim.
Status: in_force

(a) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in United States dollars.

(b) An opposing party may allege and prove that the claim is, in whole or in part, for a different money than that asserted by the claimant.

(c) Any party may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other claims.

(d) The determination of the proper money of the claim is a question of law. [L 1990, c 50, pt of §1]
Haw. Rev. Stat. § 667-86 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-86
Mortgage foreclosure dispute resolution special fund.
Status: in_force

(a) There is established in the state treasury a special fund to be known as the mortgage foreclosure dispute resolution special fund to be administered by the department to implement and operate the mortgage foreclosure dispute resolution program established by this part. Moneys collected as fees or fines under sections 454M-10, 667-76, 667-78, 667-79, and 667-53, for the mortgage dispute resolution program and contributions from the sources identified under subsection (b) shall be deposited in the fund. Interest earned from the balance of the fund shall become a part of the fund.

(b) All persons who record an affidavit in the office of the assistant registrar of the land court , pursuant to section 501-118, or who record a conveyance document in the bureau of conveyances for an owner-occupied property subject to a nonjudicial power of sale foreclosure shall pay a fee of $100 , which shall be deposited into the mortgage foreclosure dispute resolution special fund on a quarterly basis. [L 2011, c 48 , pt of §1 , §45(2) ; am L 2012, c 182, §§4 8 , 49 ]
Haw. Rev. Stat. § 667-64 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-64
Affidavit as evidence.
Status: in_force

If it appears by the affidavit filed under section 667-62(c) that the affiant has in all respects complied with the requirements of the power of sale and section 667‑62 in relation to all things to be done by the affiant before selling the time share interest, a certified copy of the record thereof shall be admitted as evidence that the power of sale was duly executed.
Haw. Rev. Stat. § 658A-4 — HI Code / Division 4 / Title 36 / Chapter 658A / Section 658A-4
Effect of agreement to arbitrate; nonwaivable provisions.
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.

(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not:

(1) Waive or agree to vary the effect of the requirements of section 658A-5(a), 658A-6(a), 658A-8, 658A-17(a), 658A-17(b), 658A-26, or 658A-28;

(2) Agree to unreasonably restrict the right under section 658A-9 to notice of the initiation of an arbitration proceeding;

(3) Agree to unreasonably restrict the right under section 658A-12 to disclosure of any facts by a neutral arbitrator; or

(4) Waive the right under section 658A-16 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or section 658A-3(a) or (c), 658A-7, 658A-14, 658A-18, 658A-20(d) or (e), 658A-22, 658A-23, 658A-24, 658A-25(a) or (b), or 658A-29. [L 2001, c 265, pt of §1; am L 2002, c 16, §27]
Haw. Rev. Stat. § 662-16 — HI Code / Division 4 / Title 36 / Chapter 662 / Section 662-16
Defense of state employees; county lifeguards.
Status: in_force

(a) The attorney general may defend any civil action or proceeding brought in any court against any employee of the State for damage to property or for personal injury, including death, resulting from the act or omission of any state employee while acting within the scope of the employee's employment.

(b) The attorney general shall defend any civil action or proceeding brought in any court against any person who is employed by a county as a lifeguard, designated to provide lifeguard services at a designated state beach park under an agreement between the State and a county, and acting within the scope of the county lifeguard's employment at a designated state beach park; provided that the attorney general shall have no obligation to defend when the civil action or proceeding results from a county lifeguard's gross negligence or wanton act or omission; provided further that the county lifeguard may employ an attorney, in lieu of the attorney general, to defend any civil action or proceeding brought in any court against the county lifeguard at the lifeguard's own expense.

(c) The employee against whom a civil action or proceeding is brought under this section shall deliver, within the time after the date of service or knowledge of service as determined by the attorney general, all process or complaint served upon the employee or an attested true copy thereof to the employee's immediate superior or to whomever was designated by the head of the employee's department to receive the papers, and the person shall promptly furnish copies of the pleadings and process therein to the department of the attorney general.

(d) No judgment by default shall be entered against a person under this section based on a cause of action arising out of an act or omission of the person while acting within the scope of the person's employment unless the department of the attorney general has received a copy of the complaint or other relevant pleadings and a period of twenty days has elapsed from the date of the receipt.

(e) The attorney general shall defend any civil action or proceeding brought in any court against a county based on an allegedly negligent or wrongful act or omission of persons who are employed by a county as lifeguards, designated to provide lifeguard services at a designated state beach park under an agreement between the State and a county, and acting within the scope of their employment as county lifeguards at a designated state beach park; provided that the attorney general shall have no obligation to defend when the civil action or proceeding results from a county lifeguard's gross negligence or wanton act or omission, or when claims are made against the county for its own negligence or wrongful acts or omissions.

(f) The attorney general may defend any civil action or proceeding brought in any court against any provider of medical, dental, or psychological services pursuant to contract with the department of corrections and rehabilitation when the provider is sued for acts or omissions within the contract's scope of work. [L 1976, c 47, §1; am L 1991, c 316, §2; am L 1994, c 143, §1; am L 2018, c 181, §2; am L 2022, c 278, §29]
Haw. Rev. Stat. § 653-4 — HI Code / Division 4 / Title 36 / Chapter 653 / Section 653-4
Further exemption.
Status: in_force

The wages received by every person receiving less than $60 per month when paid from any unemployment work relief fund, the expenditure of which is under the control of any state commission, board, or other agency, or under the control of any county or any commission, board, or other agency of any county shall be exempt from garnishment, attachment, or any other judicial or statutory proceedings for the taking, sequestration, or withholding thereof for any purpose whatsoever, including payment of taxes.
Haw. Rev. Stat. § 658F-9 — HI Code / Division 4 / Title 36 / Chapter 658F / Section 658F-9
Statute of limitations.
Status: in_force

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign country.
Haw. Rev. Stat. § 660-15 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-15
Costs.
Status: in_force

If the party is confined in any prison or is in the custody of any civil officer, the court or judge granting the writ shall certify thereon the sum to be paid for the expense of bringing the party from the place where the party is imprisoned or restrained. The officer to whom the same is directed shall not be bound to obey it, unless that sum is paid or tendered to the officer. This section is subject to section 607-3, pursuant to which prepayment of the expense may be waived, or the sum required may be reduced or remitted.
Haw. Rev. Stat. § 663-10 — HI Code / Division 4 / Title 36 / Chapter 663 / Section 663-10
Collateral sources; protection for liens and rights of subrogation.
Status: in_force

(a) In any civil action in tort, the court, before any judgment or stipulation to dismiss the action is approved, shall determine the validity of any claim of a lien against the amount of the judgment or settlement by any person who files timely notice of the claim to the court or to the parties in the action. The judgment entered, or the order subsequent to settlement, shall include a statement of the amounts, if any, due and owing to any person determined by the court to be a holder of a valid lien and to be paid to the lienholder out of the amount of the corresponding special damages recovered by the judgment or settlement. In determining the payment due the lienholder, the court shall deduct from the payment a reasonable sum for the costs and fees incurred by the party who brought the civil action in tort. As used in this section, lien means a lien arising out of a claim for payments made or indemnified from collateral sources, including health insurance or benefits, for costs and expenses arising out of the injury which is the subject of the civil action in tort. If there is a settlement before suit is filed or there is no civil action pending, then any party may petition a court of competent jurisdiction for a determination of the validity and amount of any claim of a lien.

(b) Where an entity licensed under chapter 432 or 432D possesses a lien or potential lien under this section:

(1) The person whose settlement or judgment is subject to the lien or potential lien shall submit timely notice of a third-party claim, third-party recovery of damages, and related information to allow the lienholder or potential lienholder to determine the extent of reimbursement required. A refusal to submit timely notice shall constitute a waiver by that person of section 431:13-103(a)(10). An entity shall be entitled to reimbursement of any benefits erroneously paid due to untimely notice of a third-party claim;

(2) A reimbursement dispute shall be subject to binding arbitration in lieu of court proceedings if the party receiving recovery and the lienholder agree to submit the dispute to binding arbitration, and the process used shall be as agreed to by the parties in their binding arbitration agreement; and

(3) In any proceeding under this section to determine the validity and amount of reimbursement, the court or arbitrator shall allow a lienholder or person claiming a lien sufficient time and opportunity for discovery and investigation.

For purposes of this subsection:

"Third-party claim" means any tort claim for monetary recovery or damages that the individual has against any person, entity, or insurer, other than the entity licensed under chapter 432 or 432D.

"Timely notice of a third-party claim" means a reasonable time after any written claim or demand for damages, settlement recovery, or insurance proceeds is made by or on behalf of the person. [L Sp 1986, c 2, §16; am L 2000, c 29, §2; am L 2002, c 228, §2]
Haw. Rev. Stat. § 667-18 — HI Code / Division 4 / Title 36 / Chapter 667 / Section 667-18
REPEALED.
Status: in_force

L 2017, c 158, §§1, 2.
Haw. Rev. Stat. § 674-15.5 — HI Code / Division 4 / Title 36 / Chapter 674 / Section 674-15.5
Preclusion of title-related claims.
Status: in_force

Nothing in this chapter shall be construed to affect title, or conveyance of title, or place a cloud upon title, to any lands in the State, including but not limited to lands which were, are, or may have been Hawaiian home lands. [L Sp 1995, c 14, §16]
Haw. Rev. Stat. § 660-27 — HI Code / Division 4 / Title 36 / Chapter 660 / Section 660-27
Return, hearing.
Status: in_force

The person imprisoned or restrained may deny any of the facts set forth in the return and may allege other material facts, and the court shall proceed in a summary way to examine the causes of imprisonment or restraint and to hear evidence which may be offered by any person interested or authorized to appear either in support of the imprisonment or restraint or against it, and thereupon to dispose of the party as law and justice may require.