reglab/housing_qa huggingface dataset:
HI Rev Stat § 657-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-8 Limitation of action for damages based on construction to improve real property.

  §657-8 Limitation of action for damages based on construction to improve real property. (a) No action 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 two years after the cause of action has accrued, but in any event not more than ten years after the date of completion of the improvement.  (b) 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. The term "improvement" as used in this section shall have the same meaning as in section 507-41 and the phrase "date of completion" as used in this section shall mean the time when there has been substantial completion of the improvement or the improvement has been abandoned. The filing of an affidavit of publication and notice of completion with the circuit court where the property is situated in compliance with section 507-43(f) shall be prima facie evidence of the date of completion. 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.  (c) Nothing in this section shall exclude or limit the liability provisions as set forth in the products liability laws. [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] Cross References  Contractor repair act, see chapter 672E.  Statute of limitations; recovery from contractors recovery fund, see §444-28. Case Notes  Where defendant argued statute of limitations set forth in pre-1994 version of this section barred plaintiffs' suit, plaintiffs presented sufficient evidence to create genuine issue of material fact as to their claim that statute of limitations should be equitably tolled as a result of defendant's alleged misleading conduct. 930 F. Supp. 1411 (1996).  In granting immunity to certain persons, section prior to 1974 amendment was declared violative of equal protection guaranty. 55 H. 7, 514 P.2d 568 (1973).  Homeowner's suit not barred because rights matured before 1972 amendments took effect. 64 H. 80, 636 P.2d 1348 (1981).  Section held violative of equal protection. 65 H. 26, 647 P.2d 276 (1982).
HI Rev Stat § 657-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-9 Action barred in foreign jurisdiction.

  §657-9 Action barred in foreign jurisdiction. 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] Case Notes  Enforcement of valid and subsisting foreign judgment. 128 F. Supp. 697 (1955).  Where, pursuant to Philippine case law, relevant Philippine statutes of limitations were tolled as a matter of law, action was brought in this State within the time required under the relevant Philippine statutes of limitations as required by this section. 89 H. 91, 969 P.2d 1209 (1998).
HI Rev Stat § 657-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-10 Special limitations.

  §657-10 Special limitations. 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] Cross References  Wrongful death actions, see §663-3.
HI Rev Stat § 657-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-11 Recoveries authorized by federal statute.

  §657-11 Recoveries authorized by federal statute. 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. [L 1945, c 174, §1; RL 1955, §241-10; HRS §657-11; am L 1972, c 105, §1(f); am L 1986, c 337, §1] Case Notes  Does not apply to actions brought under 42 U.S.C. 1983. 749 F.2d 588 (1984).  Applicable to breach of Railway Labor Act; tolling of limitations period. 790 F.2d 727 (1986).  Two-year statute of limitations, rather than six-month catchall statute of limitations in National Labor Relations Act, applied to action brought under employee protection program of Airline Deregulation Act. 940 F.2d 1312 (1991).  Does not apply to action for redress for deprivation of civil rights. 402 F. Supp. 95 (1975).  Section may not apply to claims filed pursuant to SEC Rules 103-5 or §17(a) of the Securities Act of 1933 because no new liability is imposed. 501 F. Supp. 830 (1980).  Limitation period under this section applied because Railway Labor Act "imposes a new liability". 525 F. Supp. 874 (1981).  Unconstitutionally discriminates against actions brought under federal statutes. 574 F. Supp. 1510 (1983).  Section was constitutional as applied to action brought under 42 U.S.C. 1983. 575 F. Supp. 1510 (1983).  Applies to actions brought under Racketeer Influenced and Corrupt Organizations Act. 619 F. Supp. 585 (1985).  Application of statute of limitations for Labor Management Act. 687 F. Supp. 1453 (1988).  Applies to actions brought in state courts; §657-1 was applied to federal action. 751 F. Supp. 1426 (1990).
HI Rev Stat § 657-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-12 REPEALED.

  §657-12 REPEALED. L 1972, c 105, §1(q).
HI Rev Stat § 657-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-14 Disability to exist at accrual of action.

  §657-14 Disability to exist at accrual of action. No person shall avail oneself of any disability enumerated in this part, unless the disability existed at the time the right of action accrued. [CC 1859, §1046; RL 1925, §2649; RL 1935, §3920; RL 1945, §10431; RL 1955, §241-13; HRS §657-14; am L 1972, c 105, §1(g); gen ch 1985] Case Notes  Cited: 29 H. 579, 586 (1927).
HI Rev Stat § 657-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-15 Two or more disabilities.

  §657-15 Two or more disabilities. Where there are two or more such disabilities existing at the time the right of action accrued, the limitations herein prescribed shall not attach until all the disabilities are removed. [CC 1859, §1047; RL 1925, §2650; RL 1935, §3921; RL 1945, §10432; RL 1955, §241-14; HRS §657-15]
HI Rev Stat § 657-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-18 Extension by absence from State.

  §657-18 Extension by absence from State. If at any time when any cause of action specified in this part or section 663-3 accrues against any person, the person is out of the State, the action may be commenced within the terms respectively limited, after the return of the person into the State, and if, after the cause of action has accrued, the person departs from and resides out of the State, the time of the person's absence shall not be deemed or taken as any part of the time limited for the commencement of the action. [CC 1859, §1041; RL 1925, §2652; RL 1935, §3923; RL 1945, §10434; RL 1955, §241-17; HRS §657-18; am L 1972, c 105, §1(j); gen ch 1985] Case Notes  Section did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in § §634-33 and 634-36. 89 H. 1, 967 P.2d 1059 (1998).  By express limitation, this section does not apply to toll the statute of limitations period set forth in §490:2-725. 93 H. 174 (App.), 998 P.2d 55 (2000).
HI Rev Stat § 657-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-19 Extension by injunction.

  §657-19 Extension by injunction. Whenever the commencement of any action is stayed by an injunction of any court, the time during which the injunction is in force shall not be deemed any portion of the time limited in this part or section 663-3 for the commencement of the action. [CC 1859, §1043; RL 1925, §2653; RL 1935, §3924; RL 1945, §10435; RL 1955, §241-18; HRS §657-19; am L 1972, c 105, §1(k)]
HI Rev Stat § 657-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-20 Extension by fraudulent concealment.

  §657-20 Extension by fraudulent concealment. If any person who is liable to any of the actions mentioned in this part or section 663-3, fraudulently conceals the existence of the cause of action or the identity of any person who is liable for the claim from the knowledge of the person entitled to bring the action, the action may be commenced at any time within six years after the person who is entitled to bring the same discovers or should have discovered, the existence of the cause of action or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations. [CC 1859, §1049; RL 1925, §2654; RL 1935, §3925; RL 1945, §10436; RL 1955, §241-19; HRS §657-20; am L 1972, c 105, §1(1)] Case Notes  Possibility that plaintiffs can show "lulling" or fraudulent concealment is sufficient to avoid summary disposition on statute of limitations defense. 501 F. Supp. 830 (1980).  Applicability of statute of limitations to state securities fraud claims discussed. 758 F. Supp. 1357 (1991).  Where plaintiffs claimed that fraudulent concealment tolled the statute of limitations applicable to their contract claims: (1) material questions of fact existed regarding the breach of the first alleged agreement; and (2) the count alleging breach of contract under the second alleged agreement was barred by the statute of limitations; plaintiffs had constructive knowledge of their cause of action arising out of the second alleged agreement no later than 1996 and the doctrine of constructive notice applied despite any fiduciary relationship that may have existed. 360 F. Supp. 2d 1122 (2005).  Doctrine of fraudulent concealment was inapplicable, where plaintiffs had not brought forth evidence sufficient to support a finding that defendant's employees took affirmative steps to conceal anything. 396 F. Supp. 2d 1150 (2005).  This section is limited to causes of action mentioned in part I of chapter 657 or §663-3, and therefore does not apply to plaintiff's claim brought pursuant to chapter 480. 777 F. Supp. 2d 1224 (2011).  Plaintiff did not set forth any facts to support a plausible allegation of fraudulent concealment, where plaintiff did not point to conduct by either defendant to conceal anything, including the existence of plaintiff's current causes of action, and failed to allege any acts by defendants to prevent plaintiff from suing in time. Also, the alleged facts that plaintiff contended were concealed were evident on the face of the recorded trustee deed. 992 F. Supp. 2d 1053 (2014).  Construed in connection with contention that nondisclosure amounts to concealment. 44 H. 297, 353 P.2d 820 (1960).  Nature of fraudulent concealment. 63 H. 210, 626 P.2d 173 (1981).  Discussed: 792 F. Supp. 2d 1111 (2011).
HI Rev Stat § 657-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-21 Extension by keeping defendant in ignorance.

  §657-21 Extension by keeping defendant in ignorance. When an action is alleged by a plaintiff to have been commenced within the time required by law, and the allegation is put in issue by the defendant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff was not issued with the intent or in the manner required by law; or that any means whatever were used by the plaintiff, or the plaintiff's attorney, to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof. [CC 1859, §1044; RL 1925, §2655; RL 1935, §3926; RL 1945, §10437; RL 1955, §241-20; HRS §657-21; am L 1972, c 105, §1(m); gen ch 1985]
HI Rev Stat § 657-21.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-21.5 Extension by sentencing of criminal defendant.

  §657-21.5 Extension by sentencing of criminal defendant. Notwithstanding any law to the contrary, for any victim of a particular crime, for surviving immediate family members of a victim, or for the estate of a victim, the statute of limitations for any civil cause of action against a person convicted of that crime shall be tolled from the moment the civil cause of action arises until the person convicted of that crime is released from imprisonment, released from parole, or released from probation and is no longer under the jurisdiction of the court for that crime, if:  (1) The crime upon which the civil action is based is a felony; or  (2) The victim of the crime upon which the civil action is based is the victim of a "sexually violent offense" or a "criminal offense against a victim who is a minor", as defined by section 846E-1. [L 2002, c 201, §1] Note  The definitions of "sexually violent offense" and "criminal offense against a victim who is a minor", referred to in paragraph (2), were deleted from §846E-1 by L 2005, c 45, §3(3).
HI Rev Stat § 657-22 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-22 When process not commencement.

  §657-22 When process not commencement. 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)] Case Notes  Where plaintiffs never had original complaint, the only complaint filed within limitations period, served on defendant and had only the first amended complaint served, despite the fact that original complaint was never served, actions by plaintiffs evidenced both an intent to serve original complaint as well as a continuing intent to pursue their cause of action. 848 F. Supp. 1482 (1993).
HI Rev Stat § 657-23 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-23 Extension while criminal case is pending.

  §657-23 Extension while criminal case is pending.  If at any time when any cause of action for recovery of restitution or compensation for damage or injury to a victim of a crime exists, a criminal action is pending which arises out of the same occurrence, the time during which the criminal action is pending shall not be deemed or taken as any part of the time limited for the commencement of the civil action.  As used in this section, a criminal action is pending until the court's jurisdiction in the criminal action is terminated. [L 1986, c 225, §1; am L 1998, c 269, §2]
HI Rev Stat § 657-24 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-24 Periodic payments of damages.

  §657-24 Periodic payments of damages. In any action in tort involving the State, any political subdivision of the State, or any governmental agency as a tortfeasor where a final judgment is obtained of more than $1,000,000, the State, political subdivision, or governmental agency has the option of paying that portion of the award in excess of $1,000,000 by periodic payments for a period not to exceed five years. The periodic payments shall include interest on the unpaid balance at the rate specified in section 478-3. A proposed periodic payment plan shall be submitted by the State, political subdivision, or governmental agency to the court in a post judgment hearing for final approval. The court shall approve or order modification of the plan based upon the facts and circumstances of the case and the needs of the parties. [L Sp 1986, c 2, §14] Revision Note  Section "478-3" substituted for "478-2" pursuant to §23G-15.
HI Rev Stat § 657-31.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-31.5 Adverse possession.

  §657-31.5 Adverse possession. In an action under this part where the person defending the action claims by adverse possession in excess of the period of limitation, said claim can only be made:  (1) If the real property which is the subject of the action is five acres or less; and  (2) Where the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years; however, this shall not include similar claims made before November 7, 1978. However, any person defending an action under this part may claim adverse possession if that person's time period of adverse possession of the land exceeded twenty years prior to November 7, 1978, or exceeded other earlier applicable time periods of adverse possession. [L 1979, c 157, §2] Cross References  Constitutional provisions, see Const. art. XVI, §12.
HI Rev Stat § 657-32 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-32 How computed.

  §657-32 How computed. 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. [L 1870, c 22, §2; am L 1898, c 19, §2; RL 1925, §2658; RL 1935, §3929; RL 1945, §10440; RL 1955, §241-31; HRS §657-32; am L 1979, c 105, §61; am L 2016, c 55, §34] Case Notes  Cited: 19 H. 602, 605 (1909).
HI Rev Stat § 657-33 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-33 Action accrues when.

  §657-33 Action accrues when. In the construction of this part, the right to make an entry or commence an action shall be deemed to have first accrued at the following times:  (1) When any person is disseised, that person's right of entry or action shall be deemed to have accrued at the time of the disseisin;  (2) When any person claims as heir or devisee of one who died seised, that person's right shall be deemed to have accrued at the time of the death, unless there is an estate by the curtesy or in dower, or some other estate intervening after the death of the ancestor or devisor, in which case that person's right shall be deemed to have accrued when the intermediate estate shall expire, or when it would have expired by its own limitation;  (3) Where there is an intermediate estate, and in all other cases, where a party claims in remainder, or reversion, that party's right so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which that party might have entered at an earlier time;  (4) Paragraph (3) shall not prevent any person from entering, when entitled to do so, by reason of any forfeiture or breach of condition, but if a person claims under such a title, that person's right shall be deemed to have accrued when the forfeiture was incurred or condition broken; and  (5) In the cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom the claimant claims, first became entitled to the possession of the premises under the title upon which the entry or action is founded. [L 1870, c 22, §3; RL 1925, §2659; RL 1935, §3930; RL 1945, §10441; RL 1955, §241-32; HRS §657-33; am L 2016, c 55, §35] Case Notes  Remaindermen and life tenants. 18 H. 625 (1908), aff'd, 222 U.S. 285 (1911).  Entry means entry by claimant personally as well as entry through another. 54 H. 489, 510 P.2d 93 (1973).  Cited: 19 H. 602, 605 (1909); 19 H. 681, 683 (1909).  Cited: 133 H. 425 (App.), 329 P.3d 330 (2014).
HI Rev Stat § 657-33.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-33.5 Deregistered land.

  §657-33.5 Deregistered land. In no event shall the period of limitations provided in this part begin prior to the date and time of deregistration for deregistered land. The terms "date and time of deregistration" and "deregistered land" as used in this section shall have the same meaning as in section 501-20. [L 2009, c 120, §4; am L 2012, c 121, §8]
HI Rev Stat § 657-34 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-34 Disabilities.

  §657-34 Disabilities. If, when right of entry or of action first accrues as aforesaid, the person entitled to the entry or action is within the age of eighteen years, or insane, or imprisoned, such person, or anyone claiming from, by, or under the person, may make the entry or bring the action at any time within five years after the disability is removed, notwithstanding the twenty years before limited in that behalf, have expired. [L 1870, c 22, §4; am L 1898, c 19, §3; RL 1925, §2660; RL 1935, §3931; RL 1945, §10442; RL 1955, §241-33; HRS §657-34; am L 1972, c 2, §37(2) and c 105, §1(o); am L 1979, c 105, §62; gen ch 1985] Case Notes  Infancy does not affect rule requiring reasonable attention to property and rights. 16 H. 228 (1904).  Disabilities of heirs when statute has started running. 18 H. 662 (1907).  Conveyance to minors. 24 H. 1 (1917).  Disaffirmance by minor. 30 H. 184 (1927).  These exceptions cannot be engrafted on §667-13 to extend period of redemption thereunder. 45 H. 505, 371 P.2d 217 (1962).  Cited: 19 H. 474, 480 (1909).