reglab/housing_qa huggingface dataset:
HI Rev Stat § 657-35 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-35 Extension of time by death.

  §657-35 Extension of time by death. If the person first entitled to make the entry or bring the action dies during the continuance of any of the disabilities mentioned in section 657-34, the entry may be made or the action brought by that person's heirs, or any other person claiming from, by, or under the person first entitled to make the entry or bring the action, at any time within five years after that person's death, notwithstanding the twenty years have expired. [L 1870, c 22, §5; am L 1898, c 19, §4; RL 1925, §2661; RL 1935, §3932; RL 1945, §10443; RL 1955, §241-34; HRS §657-35; am L 1972, c 105, §1(p); am L 1979, c 105, §63; am L 2016, c 55, §36]
HI Rev Stat § 657-36 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-36 Same.

  §657-36 Same. If, when the right of action first accrues, the person entitled thereto is under any of the disabilities mentioned in section 657-34, and dies without having recovered the premises, no further time for making the entry or bringing the action, beyond what is prescribed in section 657-35, shall be allowed by reason of the disability of any other person. [L 1870, c 22, §6; RL 1925, §2662; RL 1935, §3933; RL 1945, §10444; RL 1955, §241-35; HRS §657-36] Case Notes  Cited: 18 H. 662 (1907).
HI Rev Stat § 657-37 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-37 REPEALED.

  §657-37 REPEALED. L 1972, c 105, §1(q).
HI Rev Stat § 657-38 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657. Limitation of Actions|657-38 Possession, interrupting statute.

  §657-38 Possession, interrupting statute. No person shall be deemed to have been in possession of any lands within the meaning of this part, merely by reason of having made an entry thereon, unless the person has continued in open and peaceable possession of the same for the space of one year after such entry; or unless an action has been commenced upon the entry within one year after ouster. [L 1870, c 22, §7; am L 1909, c 103, §1; RL 1925, §2664; RL 1935, §3935; RL 1945, §10446; RL 1955, §241-37; HRS §657-38; gen ch 1985] Case Notes  Tacking, privity of estate or title. 31 H. 108 (1929).
HI Rev Stat § 657D-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-1 Definitions.

  §657D-1 Definitions. As used in this chapter, unless the context indicates otherwise:  "Active service" or "active duty" includes but is not limited to the period during which the persons in military service are absent from duty on account of sickness, wounds, leave, or other lawful cause.  "Court" includes any court of competent jurisdiction of the State of Hawaii, whether or not a court of record.  "Full time National Guard duty" means full time service in the National Guard as defined in section 101(19) of title 32 United States Code.  "Military service" means service on state active duty in any of the state military forces or full time National Guard duty.  "Period of military service" means the period beginning on the date on which the person enters state active duty or full time National Guard duty and ending on the date of the person's release from state active duty or full time National Guard duty or the person's death while on state active duty or full time National Guard duty.  "Person", when used with reference to the holder of any right alleged to exist against a person in military service or against a person secondarily liable under such right, includes individuals, partnerships, corporations, and any other forms of business association.  "Person in the military service" and "persons in the military service of the State" include all members of any of the state military forces, as defined in section 124A-1.  "State active duty" includes any period during which a person in the military service of the State is ordered to state active duty by the adjutant general or the governor. [L 1994, c 257, pt of §2; am L 2019, c 77, §2]
HI Rev Stat § 657D-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-2 Territorial application; jurisdiction of courts; form of procedure.

  §657D-2 Territorial application; jurisdiction of courts; form of procedure. (a) This chapter shall apply to the United States, the states and territories, the District of Columbia, and all territories subject to the jurisdiction of the United States, and to proceedings commenced in any court therein, and shall be enforced through the usual forms of procedure in such courts or under their rules.  (b) When under this chapter any application is required to be made to a court in which no proceeding has already been commenced as to the matter, that application may be made to any court. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-3 Protection of persons secondarily liable.

  §657D-3 Protection of persons secondarily liable. (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]
HI Rev Stat § 657D-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-4 Notice of benefits to persons in and persons entering military service.

  §657D-4 Notice of benefits to persons in and persons entering military service.  The adjutant general shall ensure the giving of notice of the benefits accorded by this chapter to persons entering the state military forces. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-5 Extension of benefits to persons ordered to report for military service.

  §657D-5 Extension of benefits to persons ordered to report for military service. Any person who is ordered to report for military service shall be entitled to the relief and benefits during:  (1) The period of military service; and  (2) The period beginning on the date of receipt of the order and ending on the date upon which the member reports for military service, or the date on which the order is revoked, whichever is earlier. [L 1994, c 257, pt of §2; am L 2019, c 77, §3]
HI Rev Stat § 657D-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-6 Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service.

  §657D-6 Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service. Nothing in this chapter shall prevent:  (1) The modification, termination, or cancellation of any contract, lease, or bailment or any obligation secured by mortgage, trust deed, lien, or other security in the nature of a mortgage; or  (2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that is security for any obligation or which has been purchased or received under a contract, lease, or bailment; pursuant to a written agreement of the parties thereto (including the person in military service, whether or not the person is a party to the obligation), or their assignees, executed during or after the period of military service of that person. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-7 Exercise of rights not to affect lenders, credit, or insurers.

  §657D-7 Exercise of rights not to affect lenders, credit, or insurers.  Application by a person in military service for, or receipt by a person in military service of, a stay, postponement, or suspension pursuant to this chapter in the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability of that person shall not by itself provide the basis for any of the following:  (1) A determination by any lender or other person that the person in military service is unable to pay the civil obligation or liability in accordance with its terms;  (2) With respect to a credit transaction between a creditor and the person in military service:  (A) A denial or revocation of credit by the creditor;  (B) A change by the creditor in the terms of an existing credit arrangement; or  (C) A refusal by the creditor to grant credit to such person in substantially the amount or on substantially the terms requested;  (3) An adverse report on the creditworthiness of the person in military service by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information; or  (4) A refusal by an insurer to insure the person. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-11 Default judgments; affidavits; bonds; attorneys for persons in service.

  §657D-11 Default judgments; affidavits; bonds; attorneys for persons in service. (a) In a default of any appearance by the defendant in any action or proceeding commenced in any court, no judgment shall be entered without first securing a court order directing that entry, and no order shall be made if the defendant is in the military service until after the court has appointed an attorney to represent the defendant. The court, on application, shall make such an appointment. If it appears that the defendant is in the military service, the court may require the plaintiff to file a bond approved by the court before judgment is entered. The bond shall be to indemnify the defendant in military service against any loss or damage that the defendant may suffer from any judgment should the judgment be thereafter set aside in whole or in part. The court may make other and further orders or enter a judgment that in its opinion may be necessary to protect the rights of the defendant under this chapter.  (b) Any person who makes or uses any affidavit, statement, declaration, verification, or certificate claiming that the defendant is not in military service, knowing it to be false, shall be punished as provided in chapter 710, part V.  (c) In any action or proceeding in which a person in military service is a party and does not personally appear therein or is not represented by an authorized attorney, the court may appoint an attorney to represent the person. In that case, a bond may be required and an order made to protect the rights of the person. But no attorney appointed under this chapter to protect a person in military service shall have power to waive any right of that person or bind that person.  (d) If any judgment shall be rendered in any action or proceeding governed by this section against any person in military service during the period of that service or within sixty days thereafter, and it appears that the person in military service was prejudiced by reason of the person's military service in making the person's defense thereto, then the judgment, upon application made by the person or the person's legal representative, not later than sixty days after the termination of the military service, may be opened by the court rendering the same and the defendant or the defendant's legal representative allowed to defend; provided it is made to appear that the defendant has a meritorious or legal defense to the action or some part thereof.  (e) Vacating, setting aside, or reversing any judgment because of any of the provisions of this chapter shall not impair any right or title acquired by any bona fide purchaser for value under the judgment. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-12 Stay of proceedings where military service affects conduct thereof.

  §657D-12 Stay of proceedings where military service affects conduct thereof. In any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of that service or within sixty days thereafter, the court in its discretion, on application to it by the person or a person on such person's behalf, shall stay the action or proceeding at any stage as provided in this chapter. No stay shall issue if, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct the defense is not materially affected by reason of the person's military service. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-13 Fines and penalties on contracts.

  §657D-13 Fines and penalties on contracts.  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. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-14 Restrictions.

  §657D-14 Restrictions. (a) In any action or proceeding commenced in any court, if an insurance policy was assigned prior to the person's period of military service to secure the payment of any obligation of that person, no assignee of the policy (except the insurer in connection with a policy loan), during the period of military service of the insured or within sixty days thereafter, except upon the consent in writing of the insured made during the period or when the premiums thereon are due and unpaid or upon the death of the insured, shall exercise any right or option by virtue of the assignment unless upon leave of court granted upon an application made by the assignee. The court may refuse to grant leave unless the court finds that the ability of the obligor to comply with the terms of the obligation is not materially affected by reason of the obligor's military service. For the purpose of this subsection, premiums which are guaranteed under part IV shall not be deemed to be due and unpaid.  (b) No person shall exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a person in military service during the person's period of military service and for sixty days thereafter except upon an order previously granted by a court upon application and a return made and approved by the court. The court, after a hearing on an application by the person in military service or some person on behalf of the person in military service, unless in the opinion of the court the ability of the defendant to pay the storage charges due is not materially affected by reason of the person's military service, may find against a person in military service.  (c) Before or during the period of that service, or within sixty days thereafter, the court, on its own motion or on application to it by such person or a person on such person's behalf, unless in the opinion of the court the ability of the defendant to comply with the judgment or order entered or sought is not materially affected by reason of the defendant's service shall:  (1) Stay the execution of any judgment or order entered against this person, as provided in this chapter; or  (2) Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this chapter. [L 1994, c 257, pt of §2] Revision Note  Subsection (a) designation added pursuant to §23G-15.
HI Rev Stat § 657D-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-15 Duration and term of stays; co-defendants not in service.

  §657D-15 Duration and term of stays; co-defendants not in service. A stay of any action, proceeding, attachment, or execution, ordered by any court under this chapter, shall be for the period of military service and ninety days thereafter or any part of that period, and may be subject to such terms as may be just, including payment in installments of specified amounts and at such times as the court may fix. Where the person in military service is a co-defendant with others, the plaintiff may proceed against the others by leave of the court. [L 1994, c 257, pt of §2; am L 2019, c 77, §4]
HI Rev Stat § 657D-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-16 Statutes of limitations as affected by period of service.

  §657D-16 Statutes of limitations as affected by period of service. The period of military service shall not be included in computing any period for the bringing of any action or proceeding in any court, or before a state or county agency by or against any person in military service or by or against the person's heirs, personal representatives, administrators, or assigns, whether the cause of action or right or privilege to institute that action or proceeding accrued prior to or during the period of the military person's service. No part of the period of military service that occurs after July 1, 1994, shall be included in computing any period now or hereafter provided by any law for the redemption of real property sold or forfeited to enforce any obligation, tax, or assessment. [L 1994, c 257, pt of §2] Revision Note  "July 1, 1994," substituted for "the effective date of this chapter".
HI Rev Stat § 657D-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-17 Maximum rate of interest.

  §657D-17 Maximum rate of interest. No obligation or liability bearing interest at a rate in excess of six per cent a year incurred by a person in military service before that person's entry into that service, during any part of the period of military service, shall bear interest at a rate in excess of six per cent a year unless, in the opinion of the court, upon application thereto by the obligee, the ability of the person in military service to pay interest upon the obligation or liability at a rate in excess of six per cent per year is not materially affected by reason of that service, in which case the court may make such order as it deems just.  As used in this section the term "interest" includes service charges, renewal charges, fees, or other charges, except bona fide insurance, as to the obligation or liability. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-18 Limitation prescribed by state tax laws as affected by period of service.

  §657D-18 Limitation prescribed by state tax laws as affected by period of service. Section 657D-16 shall not apply to any period of limitation in state tax laws set forth in title 14. [L 1994, c 257, pt of §2]
HI Rev Stat § 657D-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|657D. Civil Relief for State Military Forces|657D-21 Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment.

  §657D-21 Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment. (a) No eviction or distress shall be made during the period of military service for any premises occupied chiefly for dwelling purposes by the spouse or other dependents of a person in military service, except upon leave of court granted upon application or granted in an action or proceeding on the right of possession.  (b) On any such application or in any such action the court may, in its discretion and on its own motion, and shall, upon application, unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such military service, stay the proceedings for not longer than three months, or it may make such other order as may be just. Where the stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to relief in respect of the premises similar to that granted persons in military service in sections 657D-22 and 657D-23 to such extent and for such period as may appear to the court to be just.  (c) Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (a), or attempts so to do, shall be guilty of a misdemeanor.  (d) The adjutant general is empowered, subject to rules adopted under chapter 91, to order an allotment of the pay of a person in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by the spouse or other dependents of the person. [L 1994, c 257, pt of §2]