reglab/housing_qa huggingface dataset:
HI Rev Stat § 668-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|668. Partition of Real Estate|668-17 Costs.

  §668-17 Costs. 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. [L 1923, c 178, §17; RL 1925, §2777; am L 1929, c 179, §1; RL 1935, §4756; RL 1945, §12466; RL 1955, §337-17; HRS §668-17; am L 1972, c 90, §11(r)] Case Notes  Applies to attorney's fees and costs in a quiet title action required for a partition. 68 H. 429, 717 P.2d 516 (1986).  Award of fees premature. 4 H. App. 584, 671 P.2d 1025 (1983).  See 34 H. 686 (1938); 34 H. 854 (1939); 35 H. 262 (1939); 35 H. 682 (1940); 35 H. 779 (1941).
HI Rev Stat § 669-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-3 Notice by publication or registered mail.

  §669-3 Notice by publication or registered mail. 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. [L 1959, c 52, pt of §2; Supp, §242-2.1; HRS §669-3; am L 1972, c 90, §12(c); am L 1976, c 183, §4; am L 1983, c 222, §2] Cross References  Publication, how made, see §601-13. Rules of Court  Proof of publication, see RCC rule 11. Case Notes  Where action is under §669-1(a), what provision for publication. 46 H. 1, 373 P.2d 710 (1962).  This section applies only to potential claimants who cannot be found; action under §669-1(b) not in rem as to persons who can be found and they must be personally served with process. 50 H. 201, 436 P.2d 752 (1968).
HI Rev Stat § 669-3.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-3.5 Trial when legal title in controversy.

  §669-3.5 Trial when legal title in controversy. Whenever in an action brought under this chapter the legal title is in controversy, the issue shall be triable of right by a jury. [L 1972, c 90, §12(d)]
HI Rev Stat § 669-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-6 Disclaimer, default, no costs.

  §669-6 Disclaimer, default, no costs. If in the action the defendant disclaims in the defendant's answer any interest or estate in the property or suffers judgment to be taken against the defendant without answer, the plaintiff shall not recover costs. L 1890, c 18, §4; RL 1925, §2760; RL 1935, §4393; RL 1945, §10454; RL 1955, §242-4; HRS §669-6; gen ch 1985 Case Notes Cases prior to adoption of the Hawaii Rules of Civil Procedure.  General denial, not a disclaimer. 14 H. 189 (1902).  That each of several defendants disclaims as to some of the land does not warrant dismissal of action. 18 H. 494 (1907).
HI Rev Stat § 669-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-7 REPEALED.

  §669-7 REPEALED. L 1972, c 90, §12(f).
HI Rev Stat § 669-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-8 Recording of judgment.

  §669-8 Recording of judgment. The registrar of conveyances or the assistant registrar of the land court, as the case may be, shall receive and record or file and register every certified copy of judgment quieting title to property rendered by the circuit court under this chapter whenever the certified copy of judgment is presented to the registrar or assistant registrar for record or registration. [L Sp 1949, c 46, §1(c); RL 1955, §242-6; HRS §669-8; am L 1972, c 90, §12(e); gen ch 1985]
HI Rev Stat § 669-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-11 De minimis structure position discrepancies, defined.

Note Applies to all structure position discrepancies without regard to when the facts or actions giving rise to the discrepancy occurred. L 1997, c 131, §5; L 1999, c 185, §4.  §669-11 De minimis structure position discrepancies, defined. For the purposes of this part, "de minimis structure position discrepancy" means:  (1) For commercial property, industrial property, and multi-unit residential property, 0.25 feet;  (2) For all other residential property, 0.5 feet;  (3) For agricultural and rural property, 0.75 feet; and  (4) For conservation property, 1.5 feet; between the location of an improvement legally constructed along what was reasonably believed to be the boundary line and the actual location of the boundary line based on the most recent survey. [L 1997, c 131, pt of §2; am L 1999, c 185, §2]
HI Rev Stat § 669-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-12 Consequences.

  §669-12 Consequences.  (1) A de minimis structure position discrepancy shall not be considered an encroachment or a basis for a zoning violation;  (2) No de minimis structure position discrepancy authorized under this part shall be considered as a basis for any claim of adverse possession of land. If the wall or other improvement that is affected by the discrepancy is removed or substantially damaged or destroyed, the replacement improvement shall be constructed to comply with the most recent survey available at the time of construction of the improvement;  (3) Responsibility for maintenance and repair of an improvement within a de minimis structure position discrepancy shall be borne by the property owner who constructed the improvement or the property owner's successor in interest;  (4) Liability for any claims for injuries or damages to persons or property arising out of, or in connection with, an improvement within a de minimis structure position discrepancy shall be borne by the property owner who constructed the improvement or the property owner's successor in interest; and  (5) In the event that the property owner who constructed the improvement within a de minimis structure position discrepancy is not readily identifiable, then for purposes of this part, the owner of the improvement shall be determined to be the owner of the property upon which the improvement is substantially located. [L 1997, c 131, pt of §2; am L 1999, c 185, §3]
HI Rev Stat § 669-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|669. Quieting Title|669-13 Restrictions as to owner of property.

  §669-13 Restrictions as to owner of property. 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. [L 1997, c 131, pt of §2]
HI Rev Stat § 671-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-2 REPEALED.

  §671-2 REPEALED. L Sp 1986, c 2, §12.
HI Rev Stat § 671-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-4 Notice of damages.

  §671-4 Notice of damages. (a) In any medical tort action, the party against whom the complaint, counterclaim, or cross-claim is made at any time may request a statement setting forth the nature and amount of the damages sought. The request shall be served upon the complainant, counterclaimant, or cross-claimant who shall serve a responsive statement as to the damages within fifteen days thereafter. In the event a response is not served, the requesting party may petition the court with notice to the other parties, to order the appropriate party to serve a responsive statement.  (b) If no request is made for a statement setting forth the nature and amount of damages sought, the complainant, counterclaimant, or cross-claimant, as the case may be, shall give notice to the other of the amount of special and general damages sought to be recovered, either before a default may be taken, or in the event an answer is filed, at least sixty days prior to the date set for trial. [L 1976, c 219, pt of §2; am L 1980, c 232, §36; am L 1992, c 55, §2] Case Notes  Medical malpractice claim not dismissed for violation of section where other claims brought with it. 69 H. 305, 741 P.2d 1280 (1987).
HI Rev Stat § 671-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-5 Reporting and reviewing medical tort claims.

  §671-5 Reporting and reviewing medical tort claims. (a) Every self-insured health care provider, and every insurer providing professional liability insurance for a health care provider, shall report to the insurance commissioner the following information about any medical tort claim, known to the self-insured health care provider or insurer, that has been settled, arbitrated, or adjudicated to final judgment within ten working days following such disposition:  (1) The name and last known business and residential addresses of each plaintiff and claimant, whether or not each recovered anything;  (2) The name and last known business and residential addresses of each health care provider who was claimed or alleged to have committed a medical tort, whether or not each was a named defendant and whether or not any recovery was had against each;  (3) The name of the court in which any medical tort action, or any part thereof, was filed and the docket number;  (4) A brief description or summary of the facts upon which each claim was based, including the date of occurrence;  (5) The name and last known business and residential addresses of each attorney for any party to the settlement, arbitration, or adjudication, and identification of the party represented by each attorney;  (6) Funds expended for defense and plaintiff costs;  (7) The date and amount of settlement, arbitration award, or judgment in any matter subject to this subsection; and  (8) Actual dollar amount of award received by the injured party.  (b) The insurance commissioner shall forward the name of every health care provider, except a hospital and physician or an osteopathic physician or surgeon licensed under chapter 453 or a podiatrist licensed under chapter 463E, against whom a settlement is made, an arbitration award is made, or judgment is rendered to the appropriate board of professional registration and examination for review of the fitness of the health care provider to practice the health care provider's profession. The insurance commissioner shall forward the entire report under subsection (a) to the department of commerce and consumer affairs if the person against whom settlement or arbitration award is made or judgment rendered is a physician or osteopathic physician or surgeon licensed under chapter 453 or a podiatrist licensed under chapter 463E.  (c) A failure on the part of any self-insured health care provider to report as requested by this section shall be grounds for disciplinary action by the Hawaii medical board or the state health planning agency, as applicable. A violation by an insurer shall be grounds for suspension of its certificate of authority. [L 1976, c 219, pt of §2; am L 1983, c 223, §3; am L 1984, c 168, §17; am L 1985, c 197, §22; gen ch 1985; am L 1992, c 55, §3; am L 2008, c 9, §3; am L 2009, c 11, §68]
HI Rev Stat § 671-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-6 Administration of chapter.

  §671-6 Administration of chapter. The director of commerce and consumer affairs shall be responsible for the implementation and administration of this chapter and shall adopt rules, in conformity with chapter 91, necessary for the purposes of this chapter. [L 1976, c 219, pt of §2; am L 1982, c 204, §8; am L 1983, c 124, §17]
HI Rev Stat § 671-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-7 Professional liability insurance; coverage for telehealth.

  §671-7 Professional liability insurance; coverage for telehealth. [Section effective January 1, 2017.] (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".
HI Rev Stat § 671-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-14 Same; persons attending proceedings of panel.

  §671-14 Same; persons attending proceedings of panel. Unless excluded or excused by the panel, the following persons shall attend proceedings before the panel:  (1) The party or parties submitting the inquiry;  (2) The health care provider or providers against whom the inquiry is submitted or representatives thereof, other than counsel, authorized to act for the health care provider or providers; and  (3) Counsel for the parties, if any. [L 1976, c 219, pt of §2; am L 1979, c 80, §3; am L 2012, c 296, pt of §4]
HI Rev Stat § 671-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-15 Panel termination.

  §671-15 Panel termination. The director of commerce and consumer affairs or the panel shall notify all affected parties upon termination of panel proceedings. At the discretion of the director or the panel, a notice of termination may state whether any party or parties to the matter failed to meet the requirements of this part or meaningfully participate in panel proceedings. [L 1976, c 219, pt of §2; am L 1978, c 60, §2; am L 1983, c 223, §6; am L 1984, c 168, §18; am L 1985, c 197, §23; am L 1992, c 55, §5; am L 2009, c 11, §70; am L 2012, c 296, pt of §4]
HI Rev Stat § 671-15.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-15.5 Expungement of records; malpractice insurance rates.

  §671-15.5 Expungement of records; malpractice insurance rates. (a) A health care provider may apply to the panel for expungement of all records of the related proceedings. The panel shall expunge all records if the panel agrees that the inquiry did not provide a sufficient basis to support the finding of a medical tort against the health care provider applying for expungement.  (b) No insurer providing professional liability insurance for a health care provider shall increase any premium rate for the health care provider on the basis of the filing of an inquiry involving the health care provider with the medical inquiry and conciliation panel unless an indemnity payment is made to the party initiating the inquiry or the party initiating the inquiry institutes litigation in a court of competent jurisdiction based on the circumstances of the inquiry. [L 1993, c 62, §1; am L 2012, c 296, pt of §4]
HI Rev Stat § 671-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-16 Subsequent litigation; excluded evidence.

  §671-16 Subsequent litigation; excluded evidence. [(a)] The party initiating the inquiry may institute litigation based upon the circumstances of the inquiry in an appropriate court only after the medical inquiry and conciliation panel proceedings were terminated pursuant to section 671-15; a party has participated in alternative dispute resolution pursuant to section 671-16.6; or the twelve-month period under section 671-18 has expired.  [(b)] No statement made in the course of the proceedings of the medical inquiry and conciliation panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action; provided that the statements may be admissible for the purpose of section 671-19. No decision, conclusion, finding, statement, or recommendation of the medical inquiry and conciliation panel on the issue of liability or on the issue of damages shall be admitted into evidence in any subsequent trial, nor shall any party to the medical inquiry and conciliation panel proceeding, or the counsel or other representative of a party, refer or comment thereon in an opening statement, an argument, or at any other time, to the court or jury; provided that the decision, conclusion, finding, or recommendation may be admissible for the purpose of section 671-19. [L 1976, c 219, pt of §2; am L 1980, c 88, §3; am L 2003, c 211, §3 ; am L 2012, c 296, pt of §4] Case Notes  Claim was allowed to be heard because there was substantial compliance with procedural requirements. 69 H. 305, 741 P.2d 1280 (1987).  Where certain counts of plaintiff's complaint alleged errors or omissions in professional practice by a health care provider, thus falling under the definition of "medical tort" under §671-1(2), court properly ruled plaintiff could not proceed with those counts of suit without first submitting them to medical claim conciliation panel as required by §671-12 and this section. 89 H. 188, 970 P.2d 496 (1998).  Where plaintiff chose to sidestep requirements of §671-12 and this section by filing suit before seeking resolution of claims by a medical claim conciliation panel as required under these statutes, court properly dismissed complaint. 89 H. 188, 970 P.2d 496 (1998).  Plaintiff's claims of neglect, abuse, and failure to provide a safe home against care home defendants did not constitute "medical torts" within the meaning of §671-1; thus, plaintiff was not required to submit plaintiff's claims to a medical claim conciliation panel (MCCP) pursuant to §671-12 and this section as a condition for plaintiff to file suit against defendants, and the circuit court erred in dismissing plaintiff's suit based on plaintiff's failure to submit plaintiff's claims to a MCCP. 128 H. 405 (App.), 289 P.3d 1041 (2012).
HI Rev Stat § 671-16.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-16.5 Arbitration; subsequent litigation.

  §671-16.5 Arbitration; subsequent litigation. 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. [L 1989, c 280, §2; am L 2012, c 296, pt of §4]
HI Rev Stat § 671-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|671. Medical Torts|671-17 Immunity of panel members from liability.

  §671-17 Immunity of panel members from liability. No member of a medical inquiry and conciliation panel shall be liable in damages for libel, slander, or other defamation of character of any party to a medical inquiry and conciliation panel proceeding for any action taken or any decision, conclusion, finding, or recommendation made by the member while acting within the member's capacity as a member of a medical inquiry and conciliation panel under this part. [L 1976, c 219, pt of §2; gen ch 1985; am L 2012, c 296, pt of §4]