reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-4 Pleadings; substitution of heirs in case of death.

§668-4 Pleadings; substitution of heirs in case of death.
[(a)] Each party shall allege the source or derivation and devolution of the party's title, right, interest, or claim. The answers of the defendants shall state, among other things, the precise nature and extent of their respective interests or claims.
[(b)] If any suggestion of death of any party is made to the court, the court shall upon ascertainment of the identity of the heirs or devisees of the decedent, order them joined as parties as provided by the rules of court. [L 1923, c 178, §4; RL 1925, §2764; RL 1935, §4743; RL 1945, §12453; RL 1955, §337-4; HRS §668-4; am L 1972, c 90, §11(d); gen ch 1985]
Cross References
Abatement and revival, see chapter 634, pt V.
Rules of Court
Substitution of parties, see HRCP rule 25.
Case Notes
After issue framed by amended petition and answer, petition should not be dismissed without hearing on merits. 41 H. 504 (1956) (prior to adoption of the Hawaii Rules of Civil Procedure).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-5 Summons, service.

§668-5 Summons, service.
The summons shall be directed to all persons named in the complaint or joined as provided by the rules of court, and may be directed generally to all persons unknown having or claiming to have any interest in the premises described in the complaint, subject to section 668-8.5. Unknown persons and any known persons who do not reside within the State[,] or cannot for any reason be served with process within the State, shall have notice of the action as provided by sections 634-23, 634-24, and 634-26. If the summons has been directed generally to all persons unknown as above provided, and if service has been made upon persons known and unknown as required, the court shall have jurisdiction to proceed as though all persons interested in the premises were in being and personally served, but any adjudication shall, as regards a defendant served as provided by sections 634-23, 634-24, and 634-26, affect only the property which is the subject of the action except as provided by section 634-23. [L 1923, c 178, §5; RL 1925, §2765; RL 1935, §4744; RL 1945, §12454; RL 1955, §337-5; HRS §668-5; am L 1972, c 90, §11(e)]
Cross References
Publication of summons, how made, see §601-13.
Guardians ad litem, see §551-2.
Rules of Court
Summons, service, see HRCP rule 4. Unidentified defendants, see HRCP rule 17(d).
Case Notes
Guardian ad litem. 34 H. 854 (1939); 35 H. 262 (1939).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-8 Trial of title.

§668-8 Trial of title.
Whenever the legal title of any particular share or interest in the property is controverted, the issue shall be triable of right by a jury; provided that as to any such particular controversy, where no other share or interest in the property is affected thereby, the court may set apart to the disputants collectively such a portion or portions of the property or of the proceeds of sale thereof as they or the real owner or owners among them would be entitled to receive were the ownership of the share or interest not in dispute. In each case the portion or portions set apart shall thereafter alone be the subject of the controversy between the disputants, leaving the remaining interests and parties unaffected thereby. The court may then proceed with the general partition accordingly; and the dispute, as transferred to the separate portion of the land or share of proceeds allotted therefor in the general partition, shall thereafter be heard and determined and a supplemental decree or decrees entered accordingly. [L 1923, c 178, §8; RL 1925, §2768; RL 1935, §4747; RL 1945, §12457; RL 1955, §337-8; HRS §668-8; am L 1972, c 90, §11(k)]
Rules of Court
Demand for jury trial, see HRCP rule 38. Partial summary judgment, see HRCP rule 56(d). Judgment upon multiple claims, see HRCP rule 54(b).
Case Notes
Right to trial by jury of title dispute. 30 H. 860 (1929).
Trial of title dispute is enlargement of usual powers in a partition suit. 48 H. 92, 96, 395 P.2d 620 (1964).
Cited: 35 H. 213, 215 (1939).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-8.5 Adverse claimants.

§668-8.5 Adverse claimants.
Unless the action is combined with an action under chapter 669, a person who has not appeared and who claims to hold by title paramount to that under which the plaintiff claims as a cotenant shall not be concluded by the judgment, but may maintain an action asserting that person's title against any or all of the parties, or persons holding under them, within the time in which that person might have brought the action if the action for partition had not been filed. [L 1972, c 90, §11(1); am L 2016, c 55, §48]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-9 Unknown and absent owners.

§668-9 Unknown and absent owners.
The court shall in all cases provide for the protection of the interests of all unknown owners and other owners served under [section] 634-23 or 634-24 who do not appear in the action, in the same manner as far as may be as if they were known and had appeared in the action. In every case their rights must appear to the satisfaction of the court, but the court may consider them together in the action without considering them separately. The ascertained share of any such owner in any proceeds of sale shall be paid into court for the owner's benefit, subject to disposition according to law. If there are any unknown owners of any share or interest, or any other owners served under sections 634-23 or 634-24 who do not appear in the action, the court shall have power in making the general partition to allot and set apart for such share such a portion or portions of the property as the owners thereof would respectively be entitled to receive in the partition were they known and had appeared in the action. The portion so set apart for such share shall thereafter alone be the subject of ownership by such owner if the owner has been served. The remaining portions of the property shall be regarded as belonging to the other parties interested therein. [L 1923, c 178, §9; RL 1925, §2769; RL 1935, §4748; RL 1945, §12458; RL 1955, §337-9; HRS §668-9; am L 1972, c 90, §11(m); gen ch 1985]
Case Notes
Although this section vests the trial court with authority to designate that portion of the property as to those "owners who do not appear in the action" such as defendants, it does not mandate that the trial court exercise that power in every case; where trial court did not specifically partition the common interests of defendants, the fact that it chose not to do so did not mean that in exercising its discretion in subdividing the property into two rather than three lots, it violated this section. 106 H. 501, 107 P.3d 430 (2005).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-10 Allotments for shares under unproved ownership.

§668-10 Allotments for shares under unproved ownership.
In any case where the legal title of a claimant to any particular share or interest has not been shown to the satisfaction of the court but the claimant has color of title thereto and the claim is not controverted, the court may in the general partition allot and set apart, for the benefit and account of the legal owner or owners of the share when ascertained, such a portion or portions of the property as the legal owner or owners of the share would be entitled to receive, to be finally disposed of as hereinafter provided; or similarly, the court may set aside a corresponding portion of the proceeds of any sale thereof, for like disposition thereafter. In either case the court may then proceed with partition of the remainder as herein otherwise provided. [L 1923, c 178, §10; RL 1925, §2770; RL 1935, §4749; RL 1945, §12459; RL 1955, §337-10; HRS §668-10]
Cross References
Disposition, where title in doubt, see §668-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-11 Liens and encumbrances.

§668-11 Liens and encumbrances.
Where partition is made of any property that is subject as a whole to any lien or encumbrance, the court, with the consent of the encumbrancer, may apportion the encumbrance against the separate portions as partitioned to the parties, or if the property is sold and the encumbrancer's claim is due and may be discharged by payment, the court may discharge the claim out of the proceeds. Otherwise, unless the encumbrancer consents to receive payment, the court, without disturbing or then making any adjudication as to the encumbrance, may sell, subject to the encumbrance, the property affected thereby; or if any lien or encumbrance is only upon the undivided share or interest of any particular party, the court, by decree, may make the same a lien and charge only upon the parcel of land partitioned to the party or a charge against the party's share of the proceeds of sale thereof. In every case, the property sold shall first be charged with its just proportion of the costs of the partition in preference to the lien or charge. Any party holding a lien or encumbrance and also having other securities, in the court's discretion, may be required to exhaust the other securities before a distribution of the proceeds of sale in partition, or the court may order a just deduction to be made from the amount of the lien on the property on account of the other security. [L 1923, c 178, §11; RL 1925, §2771; RL 1935, §4750; RL 1945, §12460; RL 1955, §337-11; HRS §668-11; gen ch 1985; am L 2017, c 12, §74]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-12 Estates for life and years, and contingent estates.

§668-12 Estates for life and years, and contingent estates.
If an estate for life or years is found to exist as to any part of the property or if any estate in dower or by curtesy exists with respect thereto, and the person interested has been served, the estate shall after partition relate only to the share set apart in partition and corresponding in severalty to the undivided interest theretofore subject thereto; and likewise as to any estate or interest dependent upon any contingency or executory provision, or inchoate right of dower. If the property is sold, the proceeds of sale of the share or interest theretofore subject thereto shall be subject to the same estate in lieu of the property sold. If the parties interested in any fund subject to any estate for life or years or any estate in dower or by curtesy do not agree upon a sum in gross to be paid and accepted as the equivalent thereof, the court shall direct the fund to be invested and the income thereof paid and the corpus eventually transferred to the parties entitled thereto, as they shall respectively be or become entitled. If any such fund represents the proceeds of sale of any share theretofore subject to any contingent estate or right therein or to any executory provision, or inchoate right of dower, the fund involved shall be held by the court or suitably placed in trust and invested upon the same terms and conditions as to the vesting or enjoyment thereof as before existed with respect to the share or interest sold. [L 1923, c 178, §12; RL 1925, §2772; am L 1929, c 83, §1; RL 1935, §4751; RL 1945, §12461; RL 1955, §337-12; HRS §668-12; am L 1972, c 90, §11(n)]
Case Notes
See 35 H. 262 (1939); 35 H. 349 (1940).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-13 Commissioners in partition.

§668-13 Commissioners in partition.
The court shall have power in its discretion to appoint a commissioner or commissioners to act under the directions and subject to the approval of the court, and may invest them with power to investigate and report to the court as to the practicability of partition of the property in whole or in part, and where partition is deemed practicable to prepare a plan for division of the property into lots or parcels, including provision for any necessary roads or rights-of-way, and making of maps and surveys, and for appraisements, or any other matters, referred to them by the court, with their recommendations as to the division or allotment of the parcels among the parties interested. The commissioners shall have power, as and when directed by the court, to make deeds of partition or of sale of the property. Before making any sale the commissioners shall each give security approved by the court conditioned for the faithful discharge of their duties. Upon the filing of any report by commissioners in partition the parties may have such time as the court may allow to file any objections thereto or to any part thereof, and if any objections are filed the court shall upon notice hear and determine the same. [L 1923, c 178, §13; RL 1925, §2773; RL 1935, §4752; RL 1945, §12462; RL 1955, §337-13; HRS §668-13; am L 1972, c 90, §11(o)]
Case Notes
Report of commissioners on partition of lands is in nature of decision of judge without a jury and should not be set aside unless evidence clearly shows error. 9 H. 417 (1894).
Appointment of commissioner to subdivide land and set off to parties according to their interests, interlocutory. 34 H. 686, 693 (1938). Compare 9 H. 389 (1894), order of sale in partition final.
Order appointing commissioner and directing appraisal and sale is an interlocutory order. 43 H. 243 (1959).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-14 Sales; auction, notice.

§668-14 Sales; auction, notice.
All sales of any property in partition shall be made at public auction, after publication of notice with a brief description of the property to be sold, in at least one newspaper published in the State and having a general circulation in each circuit within which the property is situated, at least once in each of four successive weeks, the first publication to be not less than thirty days prior to the date of sale. The notice otherwise shall be in accordance with the direction or order of the court. All sales shall be subject to the approval of and confirmation by the court, and shall be promptly and fully reported by the commissioners to the court. [L 1923, c 178, §14; RL 1925, §2774; RL 1935, §4753; RL 1945, §12463; RL 1955, §337-14; HRS §668-14; am L 1972, c 90, §11(p)]
Cross References
Publication, how made, see §601-13.
Case Notes
Read in pari materia, §668-1 and this section, relating to the partition of real property, vest the circuit court with equitable discretion in judicial sales of such property, to reopen bidding after public auction but before confirmation of the public auction bid, and the court's rejection of confirmation of the highest bid submitted at a public auction does not require a showing that inadequacy of the bid amounted to fraud. 104 H. 119, 85 P.3d 644 (2004).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-15 Conveyances and payments in partition; possession and guaranty.

§668-15 Conveyances and payments in partition; possession and guaranty.
The title of every claimant to any share or interest in the property shall be shown to the satisfaction of the court before any conveyance in partition is made to the party of the portion or portions of the land allotted to the share or interest, or before payment to the party of the corresponding portion of the proceeds of sale thereof; provided that in any case where the legal title of a claimant to any particular share or interest has not been shown to the satisfaction of the court but the claimant has color of title thereto and the claim is not controverted, and the court has in the general partition made an allotment of a portion or portions of the land, or in case of a sale in partition has allotted a part of the proceeds in respect of the share, for the benefit and account of the legal owner or owners of the share under section 668-10, the court may authorize the claimant to enter into and take possession of the portion or portions of land so allotted on account of the share, or to receive such share of proceeds, upon the claimant first giving security in such form and amount as is satisfactory to the court that in the event that any other person or persons prosecute any adverse claim thereto in the action within ten years after the filing of the court's order (of which order a certified copy shall be recorded in the bureau of conveyances in Honolulu) and prove such adverse claim, the claimant as the possessory holder, or the claimant's heirs or assigns, will surrender the possession of the land to the legal owner or owners thereof and account and make restitution for the rents, issues, and profits thereof, or, as to such fund that the claimant or the claimant's heirs, or personal representatives will refund and repay the same to the court or to its order with legal interest thereon. In either case, if no claim to the land or fund is made by any other party within the ten years, and successfully established, the title and right of the possessory holder shall become absolute as by prescription, subject to any legal suspension or extension of the prescriptive period in favor of any person under any legal disability as in other cases of prescription. [L 1923, c 178, §15; RL 1925, §2775; RL 1935, §4754; RL 1945, §12464; RL 1955, §337-15; HRS §668-15; am L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 668. Partition of Real Estate › 668-16 Default.

§668-16 Default.
All parties who have failed to plead or otherwise defend as provided by the rules of court shall, when that fact is made to appear, be deemed to be in default, and their default shall be entered. Such parties shall be deemed to have consented to such partition or other disposition of the property as may be decreed in accordance with this chapter. [L 1923, c 178, §16; RL 1925, §2776; RL 1935, §4755; RL 1945, §12465; RL 1955, §337-16; HRS §668-16; am L 1972, c 90, §11(q)]
Rules of Court
See HRCP rules 54(c), 55.
Case Notes
See 34 H. 232 (1937); 35 H. 262 (1939).
2023 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).
2023 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).
2023 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)]
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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.
(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".
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 671. Medical Torts › 671-18 Statute of limitations tolled.

§671-18 Statute of limitations tolled.
The filing of the inquiry with the medical inquiry and conciliation panel or with an approved or agreed upon alternative dispute resolution provider shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until sixty days after the termination of the panel or the notification of completion from the approved or agreed upon alternative dispute resolution provider is mailed or delivered to the parties. If panel proceedings are not completed within twelve months, or the alternative dispute resolution process is not completed within twelve months, the statute of limitations shall resume running and the party filing the inquiry may commence a suit based on the circumstances related to the inquiry in any appropriate court of this State. The panel or the approved or agreed upon alternative dispute resolution provider shall notify all parties in writing of this provision. [L 1976, c 219, pt of §2; am L 1980, c 88, §2; am L 2003, c 211, §4; am L 2012, c 296, pt of §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 671. Medical Torts › 671-19 Duty to cooperate; assessment of costs and fees.

§671-19 Duty to cooperate; assessment of costs and fees.
[(a)] It shall be the duty of every person who files an inquiry with the medical inquiry and conciliation panel, every health care provider against whom the inquiry is made, and every insurance carrier or other person providing medical tort liability insurance for the health care provider, to cooperate with the medical inquiry and conciliation panel and meaningfully participate in panel proceedings for the purpose of achieving a prompt, fair, and just resolution, disposition, or settlement of the inquiry, provided that cooperation and participation shall not prejudice the substantive rights of those persons.
[(b)] Any party may apply to the panel to have the costs of the action assessed against any party for failure to cooperate with the panel or meaningfully participate in panel proceedings. The panel may award costs, or a portion thereof, including attorney's fees, witness fees including those of expert witnesses, filing fees, and costs of the medical inquiry and conciliation panel proceedings to the party applying therefor.
[(c)] In determining whether any person has failed to cooperate or meaningfully participate in good faith, the panel shall consider, but is not limited to, the following:
(1) The attendance of the persons at proceedings of the medical inquiry and conciliation panel;
(2) The extent to which representatives of parties and counsel representing parties came to panel proceedings with knowledge of the claims and defenses and authority to negotiate a settlement or other disposition of the matter;
(3) The testimony of members of the panel as to the facts of the person's participation in the panel proceeding;
(4) The extent of the person's cooperation in providing the panel with documents and testimony called for by the panel;
(5) The reasons advanced by the person so charged for not fully cooperating, participating, or negotiating; and
(6) The failure of the person to submit any required fees to the department of commerce and consumer affairs, as required by this chapter.
[(d)] The party against whom costs are awarded may appeal the award to the circuit court. The court may affirm or remand the case with instructions for further proceedings; or it may reverse or modify the award if the substantial rights of the petitioners may have been prejudiced because the award is characterized as abuse of discretion. [L 1976, c 219, pt of §2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1993, c 95, §1; am L 1995, c 213, §3; am L 2012, c 296, pt of §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 671. Medical Torts › 671-20 Annual report.

§671-20 Annual report.
The director of commerce and consumer affairs shall prepare and submit to the legislature annually, twenty days prior to the convening of each regular session, a report containing the director's evaluation of the operation and effects of this chapter. The report shall include a summary of the inquiries brought before the medical inquiry and conciliation panel and the disposition of those inquiries, a description and summary of the work of the panel under this chapter, an appraisal of the effectiveness of this chapter in securing prompt and fair disposition of inquiries regarding the rendering of professional services by health care providers that involved injury, death, or other damages to a patient, a review of the number and outcomes of inquiries brought under section 671-12, and recommendations for changes, modifications, or repeal of this chapter or parts thereof with accompanying reasons and data. [L 1976, c 219, pt of §2; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 2012, c 296, pt of §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 671D. Health Care Peer Review › 671D-1 Short title.

§671D-1 Short title.
This chapter may be cited as the Hawaii Health Care Quality Improvement Act of 1989. [L 1989, c 354, pt of §3 and c 363, pt of §3]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 671D. Health Care Peer Review › 671D-2 Purpose.

§671D-2 Purpose.
The purpose of this chapter is to provide incentives and protection for physicians engaging in effective professional peer review. [L 1989, c 354, pt of §3 and c 363, pt of §3]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 671D. Health Care Peer Review › 671D-3 Findings.

§671D-3 Findings.
The legislature finds the following:
(1) There is an overriding need to provide incentive and protection for physicians engaging in effective professional peer review;
(2) The occurrence of medical malpractice actions has become a problem in Hawaii which can be addressed in part by promoting more effective peer review; and
(3) The threat of private money damage liability under state laws unreasonably discourages physicians from participating in effective professional peer review. [L 1989, c 354, pt of §3 and c 363, pt of §3]