reglab/housing_qa huggingface dataset:
HI Rev Stat § 654-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-2 Bond.

  §654-2 Bond. (a) When the plaintiff desires the immediate delivery of the property, the plaintiff shall execute a bond to the defendant in possession of the property, and to all persons having an interest in the property, of such amount and with such sureties as are approved by the court, conditioned that the plaintiff will prosecute the plaintiff's action to judgment without delay, and deliver the property to the defendant in possession or any other person, if such delivery is adjudged, and pay all costs and damages that may be adjudged against the plaintiff. Upon the filing of the verified complaint or affidavit with the bond and a motion for immediate consideration of the matter, the court shall forthwith inquire into the matter, ex parte or otherwise, as in its discretion it determines. If thereupon the court finds that a prima facie claim for relief has been established, it shall issue an order directed to the sheriff, sheriff's deputy, chief of police, an authorized police officer of any county, or an independent civil process server from the department of public safety's list under section 353C-11 to take the property therein described and deliver the same to the plaintiff.  (b) Copies of the verified complaint or affidavit, and, if a bond for immediate seizure has been filed, of the bond, and, if an order for the taking has been issued on an ex parte hearing, of the order, shall forthwith be served upon the defendant in possession and each person having or claiming a possessory interest in the property, in the same manner as is provided for service of summons unless the party to be served has appeared in the action, in which case service may be made in the same manner as is provided for service of papers other than the summons. In a proper case, either before or after issuance of an order for the taking, the required service may be combined with the publication of the summons, in which event the giving of notice of the substance of the proceeding shall be sufficient.  (c) Upon the application of any party, the proceeding shall be advanced and assigned for hearing at the earliest possible date. [L Sp 1949, c 7, pt of §1; RL 1955, §244-21; am L 1963, c 85, §3; HRS §654-22; am L 1972, c 90, §1(b); ren HRS §654-2; gen ch 1985; am L 1989, c 123, §6 and c 211, §10; am L 1990, c 281, §11; am L 2002, c 16, §26; am L 2013, c 116, § §17, 25(16); am L 2015, c 101, §4; am L 2021, c 41, §17] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4. Cross References  Bond, see §78-20.
HI Rev Stat § 654-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-3 Execution of the order.

  §654-3 Execution of the order. 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] Rules of Court  See HRCP rules 64, 69.
HI Rev Stat § 654-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-4 Examination of defendant.

  §654-4 Examination of defendant. When it appears by the return of the officer to whom the order was issued that the property claimed has been disposed of or concealed so that the order cannot be executed, the court, upon motion and affidavit, may compel the attendance of the defendant or any other person to examine the defendant or other person on oath as to the situation of the property, and may punish a wilful hindrance to, or obstruction or disobedience of, any order of the court as a contempt. [L Sp 1949, c 7, pt of §1; RL 1955, §244-24; HRS §654-25; am L 1972, c 90, §1(d); ren HRS §654-4; gen ch 1985]
HI Rev Stat § 654-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-5 Delivery.

  §654-5 Delivery. The officer, having taken possession of the property or any part thereof, shall forthwith deliver the same to the plaintiff, unless before the actual delivery to him, the defendant who had possession, or any person claiming an interest therein and a right to the possession thereof upon making an affidavit of his interest and of his right to the possession stating the grounds thereof, executes a bond to the plaintiff in such amount and with such sureties as are approved by the court, conditioned that he will appear in and defend the action, and deliver the property to the plaintiff, if the plaintiff recovers judgment therefor, in as good condition as it was when the action was commenced, and that he will pay all costs and damages that may be adjudged against him for the taking or detention of the property. Upon the furnishing of the bond the property shall be relinquished to the defendant who had possession, unless the bond is furnished by another person who has, by proper pleadings, presented an affirmative claim to the property and has complied with the provisions of this chapter applicable to a plaintiff, in which case the court shall determine the custody of the property. [L Sp 1949, c 7, pt of §1; RL 1955, §244-25; HRS §654-26; am L 1972, c 90, §1(e); ren HRS §654-5] Cross References  Bond, see §78-20.
HI Rev Stat § 654-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-6 Return of officer.

  §654-6 Return of officer. The officer shall return the order on or before the return day specified in the order issued to the officer and state fully what the officer has done thereunder. If the officer has taken any property the officer shall describe the same particularly. [L Sp 1949, c 7, pt of §1; RL 1955, §244-26; HRS §654-27; ren HRS §654-6; gen ch 1985]
HI Rev Stat § 654-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-7 Judgment.

  §654-7 Judgment. 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]
HI Rev Stat § 654-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-8 Plaintiff's option.

  §654-8 Plaintiff's option. If the party found to be entitled to the property is not already in possession thereof by delivery under this chapter, or otherwise, the party may, in addition to an execution for damages awarded under section 654-7, at the party's option have an execution for the delivery of the specific property, or for the value thereof. If any portion of the property cannot be obtained on execution the party entitled thereto may take the remainder and apply for and obtain a supplementary judgment for the value of the missing portion together with damages. [L Sp 1949, c 7, pt of §1; RL 1955, §244-28; HRS §654-29; am L 1972, c 90, §1(f); ren HRS §654-8; gen ch 1985] Rules of Court  See HRCP rules 64, 69, 70.
HI Rev Stat § 654-8.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-8.5 College savings program; exemptions.

  §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]
HI Rev Stat § 654-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|654. Special Proceedings for Immediate Possession of Personal Property|654-9 Other remedies not affected.

  §654-9 Other remedies not affected. The remedy provided by this chapter shall be in addition to, and shall not be deemed to affect, any other remedy. [L Sp 1949, c 7, pt of §1; RL 1955, §244-29; HRS §654-30; am L 1972, c 90, §1(g); ren HRS §654-9]
HI Rev Stat § 655-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|655. Deposit and Delivery|655-1 Deposit in court or delivery to party.

  §655-1 Deposit in court or delivery to party. When it is admitted, by the pleading or examination of a party, that the party has in the party's possession, or under the party's control, any money, or other thing, capable of delivery, which, being the subject of the litigation, is held by the party as trustee for another person, or which belongs, or is due, to another person, the court may order the same, upon motion, to be deposited in court, or delivered to the party, upon such conditions as may be just, subject to the further direction of the court. [CC 1859, §1153; RL 1925, §2383; RL 1935, §4117; RL 1945, §10231; RL 1955, §243-1; HRS §655-1; am L 1972, c 89, §6(a); gen ch 1985] Rules of Court  See HRCP rule 67; DCRCP rule 67. Case Notes  Cited: 48 H. 349, 364, 402 P.2d 683 (1965).
HI Rev Stat § 655-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|655. Deposit and Delivery|655-2 Enforcement of order.

  §655-2 Enforcement of order. Whenever in the exercise of its authority a court has ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff, or any of the sheriff's deputies, or any police officer to take the money or thing and deposit or deliver it in conformity with the direction of the court. [CC 1859, §1154; am imp L 1905, c 39, §67; am imp L 1907, c 118, §122; RL 1925, §2384; RL 1935, §4118; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10232; RL 1955, §243-2; am L 1963, c 85, §3; HRS §655-2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11] Rules of Court  See HRCP rules 64, 70.
HI Rev Stat § 655-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|655. Deposit and Delivery|655-3 Money in court, deposit as ordered by the court.

  §655-3 Money in court, deposit as ordered by the court. Whenever any money is paid into, or deposited in any court to abide the ascertainment of the right to the money, or the termination of the action, the court shall have power, upon the application of any party interested, or without such application, to order the money to be deposited in the treasury of the State or as otherwise ordered, subject to the further order of the court. [L 1862, p 32; RL 1925, §2385; RL 1935, §4119; RL 1945, §10233; RL 1955, §243-3; HRS §655-3; am L 1972, c 89, §6(b)] Cross References  Interest income; court deposits, see §601-18.
HI Rev Stat § 656-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|656. Frauds, Statute of|656-2 Consideration need not be in writing.

  §656-2 Consideration need not be in writing. The consideration of any such promise, contract, or agreement, need not be set forth, or expressed, in the writing signed by the party to be charged therewith, but may be proved by any other legal evidence. [CC 1859, §1054; RL 1925, §2666; RL 1935, §3901; RL 1945, §8722; RL 1955, §190-2; HRS §656-2] Case Notes  Concerning a guarantor. 4 H. 47 (1877). Cf. 31 H. 34 (1929).
HI Rev Stat § 656-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|656. Frauds, Statute of|656-3 Representation of another's credit, etc., when actionable.

  §656-3 Representation of another's credit, etc., when actionable. No action shall be brought and maintained to charge any person upon, or by reason of, any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, unless the representation or assurance is made in writing and signed by the party to be charged thereby, or by a person lawfully authorized by the party to sign. [CC 1859, §1055; RL 1925, §2667; RL 1935, §3902; RL 1945, §8723; RL 1955, §190-3; HRS §656-3; gen ch 1985; am L 2017, c 12, §69] Case Notes  Where an action for actual fraud will lie, this section will not bar the action. 60 H. 225, 587 P.2d 1234 (1978).
HI Rev Stat § 657-1.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-1.5 Limitation of actions not applicable to State. No limitation of actions provided for under this or any other chapter shall apply to bar the institution or maintenance of any action by or on behalf of the State and its agencies, unless the State is specifically designated in such a statute as subject to the limitation period contained therein. No defense to any action brought by the State or any of its agencies shall be predicated upon the lapse of time. [L 1991, c 8, §1] Case Notes Plaintiffs water commission and department of water supply of county of Hawaii could not benefit from this section; plaintiffs were obligated to bring their claims in a timely manner within applicable limitations period. 930 F. Supp. 1411 (1996). Where plaintiff office of Hawaiian affairs brought suit in its own corporate name under §10-16, rather than as an agency of the State on behalf of the people of the State, this section did not exempt plaintiff from the statute of limitations for bringing a suit under §673-10. 110 H. 338, 133 P.3d 767 (2006).

  §657-1.5 Limitation of actions not applicable to State. No limitation of actions provided for under this or any other chapter shall apply to bar the institution or maintenance of any action by or on behalf of the State and its agencies, unless the State is specifically designated in such a statute as subject to the limitation period contained therein. No defense to any action brought by the State or any of its agencies shall be predicated upon the lapse of time. [L 1991, c 8, §1] Case Notes  Plaintiffs water commission and department of water supply of county of Hawaii could not benefit from this section; plaintiffs were obligated to bring their claims in a timely manner within applicable limitations period. 930 F. Supp. 1411 (1996).  Where plaintiff office of Hawaiian affairs brought suit in its own corporate name under §10-16, rather than as an agency of the State on behalf of the people of the State, this section did not exempt plaintiff from the statute of limitations for bringing a suit under §673-10. 110 H. 338, 133 P.3d 767 (2006).
HI Rev Stat § 657-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-2 Mutual current account.

  §657-2 Mutual current account. In all actions in the nature of debt, account, or assumpsit, brought to recover any balance due upon a mutual, open, and current account, the cause of action shall be deemed to have accrued from the time of the last item proved in the account. [CC 1859, §1038; RL 1925, §2640; RL 1935, §3911; RL 1945, §10422; RL 1955, §241-2; HRS §657-2; am L 1972, c 105, §1(b)] Case Notes  Cited: 14 H. 495 (1902); 20 H. 433, 443 (1911); 33 H. 876, 881 (1936).
HI Rev Stat § 657-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-3 Counterclaim.

  §657-3 Counterclaim. (a) In the cases enumerated in subsection (b), all the provisions of this part, or any other statute of limitations, shall apply to a claim stated as a counterclaim against an opposing party in the same manner as if an action thereon had been commenced at the time when the opposing party commenced the opposing party's action or served the pleading stating the opposing party's claim, or if a different time is applicable to the opposing party's claim under the provisions of this section then at that time.  (b) Subsection (a) shall apply if the claim stated as a counterclaim:  (1) Consists of a liquidated debt or demand, or a debt or demand capable of being ascertained by calculation; or  (2) Arises out of the transaction or occurrence that is the subject matter of the opposing party's claim.  (c) Within the meaning of this section a counterclaim includes a claim asserted against the plaintiff by a third-party defendant and in that situation the plaintiff is deemed an opposing party. [CC 1859, §1050; RL 1925, §2641; RL 1935, §3912; RL 1945, §10423; RL 1955, §241-3; HRS §657-3; am L 1972, c 186, §1; gen ch 1985] Rules of Court  Counterclaims and cross claims, see HRCP rule 13. Case Notes  Cited in discussion of distinction between "set-off" and "recoupment". 62 H. 334, 614 P.2d 936 (1980).
HI Rev Stat § 657-3.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-3.5 Relation back of amendments.

  §657-3.5 Relation back of amendments. An amended pleading relates back to the date of the original pleading as provided by the rules of court.  Nothing herein limits or affects section 657-3. [L 1972, c 105, §1(c)]
HI Rev Stat § 657-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-4 Two years; libel and slander.

  §657-4 Two years; libel and slander. All actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after. [CC 1859, §1037; am imp L 1907, c 113, §1; am L 1913, c 19, §1; RL 1925, §2642; RL 1935, §3913; RL 1945, §10424; RL 1955, §241-4; am L 1965, c 139, §2; HRS §657-4] Case Notes  Portions of plaintiff's defamation claim based on defendant's 2007 report and alleged 2007 statements were time-barred, where plaintiff filed the action in 2010. 892 F. Supp. 2d 1245 (2012).  Claim for defamation accrues when defamee discovers or reasonably should have discovered publication. 65 H. 478, 653 P.2d 1155 (1982).  Distinguished from "general" personal injury statute of limitations of §657-7. 73 H. 578, 837 P.2d 1247 (1992).  Cited: 42 H. 177, 179 (1957).  Mentioned: 817 F. Supp. 850 (1992).
HI Rev Stat § 657-5.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-5.5 Judgments for support.

  §657-5.5 Judgments for support. 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. [L 1997, c 294, §1; am L 2021, c 36, §1]
HI Rev Stat § 657-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-6 Four years; causes arising in foreign jurisdiction, etc.

  §657-6 Four years; causes arising in foreign jurisdiction, etc. Subject to section 657-9, actions for the recovery of any debt founded upon any contract, obligation, or liability, where the cause of action has arisen in any foreign jurisdiction including actions on judgments or decrees rendered in any court not a court of record in any foreign jurisdiction but not such as are brought upon the judgment or decree of a court of record, shall be commenced within four years after the cause of action accrued, and not after. [L 1892, c 26, §1; RL 1925, §2644; RL 1935, §3915; am L 1943, c 139, §2; RL 1945, §10426; RL 1955, §241-6; HRS §657-6]
HI Rev Stat § 657-7.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-7.5 Third-party defendants, time in which plaintiff may amend.

  §657-7.5 Third-party defendants, time in which plaintiff may amend. When a defendant, against whom action has been timely brought, brings in a third-party defendant who is or may be liable to the defendant or to the plaintiff for all or part of the plaintiff's claim against the defendant, plaintiff within thirty days after the date of filing of the third-party defendant's answer, may assert against the third-party defendant any claim, arising out of the original transaction or occurrence that is also the subject matter of the third-party plaintiff's claim against the third-party defendant, which would have been timely if the third-party defendant had been joined originally as a defendant, notwithstanding any statutory period of limitations otherwise applicable to plaintiff's claim. Nothing herein shall preclude the plaintiff from asserting any claim which the plaintiff might have asserted without the benefit of this section. [L 1972, c 186, §2; gen ch 1985] Case Notes  Section does not preclude identification on the record of John Doe defendants after thirty days from the filing of a third-party complaint naming them. 2 H. App. 373, 636 P.2d 1352 (1981).