reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-22 Installment contracts for purchase of property.

§657D-22
Installment contracts for purchase of property.
(a) No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, or of lease or bailment with a view to purchase of that property, a deposit or installment of the purchase price, or a deposit or installment under the contract, lease, or bailment, from a person or from the assignor of a person who, after the date of payment of such deposit or installment, has entered military service, shall exercise any right or option under the contract to rescind or terminate the contract or resume possession of the property for nonpayment of any installment due or for any other breach of the terms occurring prior to or during the period of such military service, except by action in a court of competent jurisdiction.
(b) Any person who knowingly resumes possession of property that is the subject of this section otherwise than as provided in subsection (a) or in section 657D-6 or attempts so to do, shall be guilty of a misdemeanor.
(c) Upon the hearing of that action the court may order the repayment of prior installments or deposits or any part thereof, as a condition of terminating the contract and resuming possession of the property, or on its own motion or on application to it by the person in military service or a person on behalf of such person, shall order a stay of proceedings as provided in this chapter unless, in the opinion of the court, the ability of the defendant to comply with the terms of the contract is not materially affected by reason of that service; or it may make such other disposition of the case as may be equitable to preserve the interests of all parties. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-23 Mortgages, trust deeds, and other securities.

§657D-23
Mortgages, trust deeds, and other securities.
(a) This section applies solely to obligations secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service before or at the commencement of the period of the military service and still owned by the person.
(b) In any proceeding commenced in any court during the period of military service to enforce that obligation arising out of nonpayment of any sum due or out of any other breach of the terms occurring prior to or during the period of the person's military service, the court may, after hearing and on its own motion, or shall, on application to it 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 comply with the terms of the obligation is not materially affected by reason of the defendant's military service:
(1) Stay the proceedings as provided in this chapter; or
(2) Make such other disposition of the case as may be equitable to conserve the interests of all parties.
(c) No sale, foreclosure, or seizure of property for nonpayment of any sum due under any such obligation, or for any other breach of the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, shall be valid if made during the period of military service or within one year thereafter, except pursuant to an agreement as provided in section 657D-6, unless upon an order previously granted by the court and a return thereto made and approved by the court.
Any person who knowingly makes, attempts, or causes to be made any such sale, foreclosure, or seizure of property, shall be guilty of a misdemeanor. [L 1994, c 257, pt of §2; am L 2019, c 77, §5]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-24 Settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property.

§657D-24 Settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property.
Where a proceeding to foreclose a mortgage upon or to resume possession of personal property, or to rescind or terminate a contract for its purchase, has been stayed as provided in this chapter, the court, unless in its opinion an undue hardship would result to the dependents of the person in the military service, may appoint three disinterested parties to appraise the property and, based upon the report of the appraisers, order that sum, if any, as may be just, paid to the person in military service or the person's dependent, as the case may be, as a condition of foreclosing the mortgage, resuming possession of the property, or rescinding or terminating the contract. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-26 Life insurance policies; penalties.

§657D-26
Life insurance policies; penalties.
(a) Where any life insurance policy on the life of a person in military service is the subject of an action or proceeding under this chapter, the court may:
(1) Stay the proceedings as provided in this chapter; or
(2) Make such other disposition of the case as may be equitable to preserve the interest of all parties.
This subsection shall not be construed in any way as affecting or as limiting the scope of section 657D-23.
(b) Any person who knowingly acts in violation of this section, or attempts to do so, shall be guilty of a misdemeanor. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-27 Extension of benefits to dependents.

§657D-27 Extension of benefits to dependents.
Dependents of a person in military service shall be entitled to the benefits accorded to persons in military service under this part upon application to a court therefor, unless in the opinion of the court the ability of these dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the military service of the person upon whom the applicants are dependent.
[L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-31 Definitions.

§657D-31 Definitions.
As used in this part:
"Insured" includes any person in the state military forces, whose life is insured under and who is the owner and holder and has an interest in a policy.
"Insurer" includes any firm, corporation, partnership, or association chartered or authorized to engage in the insurance business to issue a policy as defined by the laws of a state or of the United States.
"Policy" includes any contract of life insurance or policy on a life, endowment, or term plan, including any benefit in the nature of life insurance arising out of membership in any fraternal or beneficial association, that does not provide for the payments of any sum less than the face value thereof or for the payment of an additional amount as premiums if the insured engages in the military service of the United States or which does not contain any limitations or restrictions upon coverage relating to engagement in or pursuit of certain types of activities which a person might be required to engage in by virtue of the person's being in that military service, and:
(1) Which is in force on a premium-paying basis at the time of application for benefits hereunder; and
(2) Which was made and a premium paid thereon not less than one hundred eighty days before the date insured entered into the military service.
This definition does not apply to policies or contracts of life insurance issued under the War Risk Insurance Act, as amended, the World War Veterans Act, as amended, or the National Service Life Insurance Act of 1940, as amended.
"Premium" includes the amount specified in the policy as the stipend to be paid by the insured at regular intervals during the period therein stated. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-32 Persons entitled to benefits; applications; amount of insurance protected.

§657D-32
Persons entitled to benefits; applications; amount of insurance protected.
The benefits and privileges of this part shall apply to any insured when the insured, or a person designated by the insured, makes written application for protection under this part, unless the insurance commissioner in passing on the application finds that the policy is not entitled to protection under this part. The adjutant general shall give notice to the state military forces of the provisions of this part, and shall include in the notice an explanation of the provisions for the information of those desiring to make application for benefits. The original of the application shall be sent by the insured to the insurer, and a copy to the insurance commissioner. The total amount of insurance on the life of one insured under policies covered by this part shall not exceed $10,000. If an insured applies for protection of policies on the insured's life totaling insurance in excess of $10,000, the insurance commissioner may have the amount of insurance divided into two or more policies so that the protection of this part may be extended to include policies for a total amount of insurance not to exceed $10,000, and a policy which affords the best security to the government shall be given preference. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-33 Form of application; reports to insurance commissioner by insurer; policy deemed modified upon application for protection.

§657D-33 Form of application; reports to insurance commissioner by insurer; policy deemed modified upon application for protection.
Any writing signed by the insured and identifying the policy and the insurer, and agreeing that the insured's rights under the policy are subject to and modified by this part, shall be sufficient as an application for the benefits of this part, but the insurance commissioner may require the insured and insurer to execute other appropriate forms. Upon receipt of the application of the insured, the insurer shall furnish such report to the insurance commissioner concerning the policy as shall be prescribed by rules adopted under chapter 91. When an insured has applied for protection under this part, the policy is deemed to have been modified to conform to the provisions of this part. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-34 Determination of policies entitled to protection; notice to parties; lapse of policies for nonpayment of premiums, etc.

§657D-34 Determination of policies entitled to protection; notice to parties; lapse of policies for nonpayment of premiums, etc.
The insurance commissioner shall determine whether the policy is entitled to protection under this part and shall notify the insured and the insurer of that determination. Any policy found by the insurance commissioner to be entitled to protection under this part, subsequent to date of application and during the period of military service of the insured and for sixty days after the expiration of that service, shall not lapse or otherwise terminate or be forfeited for the nonpayment of a premium becoming due and payable, or the nonpayment of any indebtedness or interest. [L 1994, c 257, pt of §2; am L 2019, c 77, §7]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-35 Rights and privileges of insured during period of protection.

§657D-35 Rights and privileges of insured during period of protection.
No dividend or other monetary benefit under a policy shall be paid to an insured or used to purchase dividend additions while a policy is covered by this part except with the approval of the insurance commissioner. Without this approval, those dividends or benefits shall be added to the value of the policy to be used as a credit when final settlement is made with the insurer. No cash value, loan value, withdrawal of dividend accumulation, unearned premium, or other value of similar character shall be available to the insured while the policy is covered under this part except upon approval by the insurance commissioner. The insured's right to change a beneficiary designation or select an optional settlement for a beneficiary shall not be affected by this part. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-36 Deduction of unpaid premiums upon settlement of policies maturing during protection.

§657D-36 Deduction of unpaid premiums upon settlement of policies maturing during protection.
In the event of maturity of a policy as a death claim or otherwise before the expiration of the period of protection under this part, the insurer in making settlement shall deduct from the amount of insurance the premiums guaranteed under this part, together with interest thereon at the rate fixed in the policy for policy loans. If no rate of interest is specifically fixed in the policy, the rate shall be the rate fixed for policy loans in other policies issued by the insurer at the time the policy brought under this chapter was issued. The amount deducted by reason of the protection afforded by this part shall be reported by the insurer to the insurance commissioner. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-37 Guarantee of premiums and interest by State; settlement of amounts due upon expiration of protection; subrogation of state crediting debt repayments.

§657D-37 Guarantee of premiums and interest by State; settlement of amounts due upon expiration of protection; subrogation of state crediting debt repayments.
Payment of premiums and interest thereon at the rate specified in section 657D-36 becoming due on a policy while protected under this part is guaranteed by the State, and if the amount so guaranteed is not paid to the insurer prior to the expiration of the period of insurance protection under this part, the amount then due shall be treated by the insurer as a policy loan. If at the expiration of that period the cash surrender value is less than the amount then due, the policy shall then cease and the State shall pay the insurer the difference between the amount and the cash surrender value. The amount paid by the State to an insurer on account of applications approved under this part shall become a debt due to the State by the insured on whose account payment was made and, notwithstanding any other law, the amount may be collected either by deduction from any amount due the insured by the State or as otherwise authorized by law. Any moneys received as repayment of debt incurred under this part shall be credited to the appropriation for the payment of claims under this part. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-38 Rules; finality of determinations.

§657D-38 Rules; finality of determinations.
The insurance commissioner shall adopt rules under chapter 91 to implement this part. The findings of fact and conclusions of law made by the insurance commissioner in administering this part shall be final, and shall not be subject to review by any other official or agency of the government. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-41 Taxes respecting personalty, money, credits, or realty; sale of property to enforce collection; redemption of property sold; penalty for nonpayment; notice of rights to beneficiaries of section.

§657D-41 Taxes respecting personalty, money, credits, or realty; sale of property to enforce collection; redemption of property sold; penalty for nonpayment; notice of rights to beneficiaries of section.
(a) This section applies to any general or special unpaid taxes or assessments, that fall due prior to or during the period of military service, on personal property, money, or credits, or real property owned and occupied for dwelling, professional, business, or agricultural purposes by persons in military service or the person's dependents at the commencement of the period of military service and still so occupied by the person's dependents or employees. This section does not apply to taxes on income.
(b) No sale of any property in subsection (a) shall be made to enforce the collection of any state or county tax or assessment, and no proceeding or action for that purpose shall commence, except upon leave of court granted upon application made by the state department of taxation or appropriate county agency. The court, unless in its opinion the ability of the person in military service to pay the taxes or assessments is not materially affected by reason of military service, may stay the proceedings or the sale for a period of not more than sixty days after the termination of the period of military service of the person.
(c) When by law the property may be sold or forfeited to enforce the collection of the tax or assessment, the person in military service shall have the right to redeem or commence an action to redeem the property, at any time not later than sixty days after the termination of military service, but in no case later than sixty days after the date if this chapter is repealed; provided this shall not shorten any period provided by any other state or county law providing for that redemption.
(d) Whenever under this chapter any tax or assessment is not required to be paid when due, the tax or assessment due and unpaid shall bear interest until paid at the rate of six per cent a year, and no other penalty or interest shall be incurred by reason of the nonpayment. Any lien for the unpaid taxes or assessment shall also include the interest thereon. [L 1994, c 257, pt of §2; am L 2019, c 77, §8]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-42 Rights to public lands not forfeited; grazing lands.

§657D-42 Rights to public lands not forfeited; grazing lands.
(a) No right to any lands owned or controlled by the State, initiated or acquired under any laws of the State, including the mining and mineral leasing laws, by a person prior to entering military service shall during the period of that service be forfeited or prejudiced by reason of the person's absence from the land or the person's failure to perform any work or make any improvements thereon or the person's failure to do any other act required by or under those laws.
(b) This section does not control specific requirements contained in this part. [L 1994, c 257, pt of §2; am L 2019, c 77, §9]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-43 Income taxes; collection deferred; interest; statute of limitations.

[ §657D-43] Income taxes; collection deferred; interest; statute of limitations.
[(a)] The collection from any person in the state military forces of any tax on the income of such person pursuant to chapter 235, whether falling due prior to or during the person's period of military service, shall be deferred for a period of not more than sixty days after the termination of the person's period of military service if such person's ability to pay such tax is materially impaired by reason of the service. No interest on any amount of tax, collection of which is deferred for any period under this section, and no penalty for nonpayment of such amount during such period, shall accrue for such period of deferment by reason of nonpayment. The running of any statute of limitations against the collection of such tax by distraint or otherwise shall be suspended for the period of military service of any person whose tax collection is deferred under this section, and for an additional period of sixty days beginning with the day following the period of military service.
(b) The provisions of this section shall not apply to the retention or recovery of debt under sections 231-51 to 231-59.
[L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-51 Transfers to take advantage of chapter.

§657D-51 Transfers to take advantage of chapter.
Notwithstanding the provisions of this chapter to the contrary, the court shall enter such lawful judgment or order, in any proceeding to enforce a civil right, where the court is satisfied that any interest, property, or contract, since July 1, 1994, has been transferred or acquired with intent to delay the just enforcement of such right by taking advantage of this chapter. [L 1994, c 257, pt of §2]
Revision Note
"July 1, 1994" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-52 Certificates of service; persons reported missing.

§657D-52 Certificates of service; persons reported missing.
(a) In any proceeding under this chapter, a certificate signed by the adjutant general shall be prima facie evidence as to any of the following facts stated in the certificate:
(1) That a person named has not served, is serving, or has served in the state military forces;
(2) The time when and the place where the person entered military service, the person's residence at that time, and the rank, branch, and unit of such service that the person entered;
(3) The dates the person served in the state military forces;
(4) The monthly pay received by the person at the date of issuing the certificate; and
(5) If applicable, the time when and the place where the person died in or was discharged from such service.
(b) It is the duty of the adjutant general to furnish a certificate on application; and any certificate signed by any one of the officers of the adjutant general or by any person purporting upon the face of the certificates to have been so authorized shall be prima facie evidence of its contents and of the authority of the officer to issue it.
(c) Where a person in military service has been reported missing, the person shall be presumed to continue in the service until accounted for, and no period under this chapter which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the department of defense, or any court or board thereof, or until death is determined by a court of competent jurisdiction. No period limited by this chapter that begins or ends with the death of such person shall be extended beyond a period of six months after the time when this chapter ceases to be in force. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-53 Revocation of interlocutory orders.

§657D-53
Revocation of interlocutory orders.
Any interlocutory order under this chapter, made upon the court's own motion, may be revoked, modified, or extended by it upon appropriate notice to the parties.
[L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-62 Power of attorney.

§657D-62 Power of attorney.
(a) Notwithstanding any other provision of law, a power of attorney that:
(1) Was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of title 37, United States Code);
(2) Designates that person's spouse, parent, or other named relative as the person's attorney in fact for certain specified, or all, purposes; and
(3) Expires by its terms after that person entered a missing status, and before or after July 1, 1994;
shall be automatically extended for the period that the person is in a missing status.
(b) No power of attorney executed after July 1, 1994 by a person in the military service may be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though that person, after the date of execution of the document, enters a missing status. [L 1994, c 257, pt of §2]
Revision Note
"July 1, 1994" substituted for "the effective date of this section".
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-63 Reinstatement of health insurance coverage upon release from service.

§657D-63 Reinstatement of health insurance coverage upon release from service.
(a) A person who, by reason of service in the state military forces is entitled to the rights and benefits of this chapter, shall be entitled upon release from such military service to reinstatement of any health insurance which was:
(1) In effect on the day before service commenced; and
(2) Terminated effective on a date during the period of service.
(b) An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage for a health or physical condition of a person under subsection (a), or a health or physical condition for any other person who is covered by the insurance by reason of the coverage of such person, if:
(1) The condition arose before or during that person's period of training or service in the state military forces;
(2) An exclusion or waiting period would not have been imposed for the condition during a period of coverage [or] participation by such person in the insurance; and
(3) The condition of such person has not been determined by the adjutant general to be a disability incurred or aggravated in the line of duty, within the meaning of [title] 38 United States Code section 105.
(c) Subsection (a) does not apply in the case of employer-offered insurance benefits in which a person referred to in such subsection is entitled to participate pursuant to [title] 38 United States Code section 2021 et seq. [L 1994, c 257, pt of §2]
Revision Note
Subsection (a) designation added pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-1 Definitions.

§658A-1 Definitions.
In this chapter:
"Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
"Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.
"Court" means any district or circuit court of competent jurisdiction in this State, unless otherwise indicated. In cases involving arbitration subject to chapter 89, chapter 377, or the National Labor Relations Act, "court" means the circuit court of the appropriate judicial circuit.
"Knowledge" means actual knowledge.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [L 2001, c 265, pt of §1; am L 2006, c 72, §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-2 Notice.

§658A-2 Notice.
(a) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
(b) A person has notice if the person has knowledge of the notice or has received notice.
(c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications. [L 2001, c 265, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-3 When chapter applies

§658A-3 When chapter applies
. (a) Except as provided in subsection (c), this chapter governs an agreement to arbitrate made on or after July 1, 2002.
(b) This chapter governs an agreement to arbitrate made before July 1, 2002, if all the parties to the agreement or to the arbitration proceeding so agree in a record. If the parties to the agreement or to the arbitration do not so agree in a record, an agreement to arbitrate that is made before July 1, 2002, shall be governed by the law specified in the agreement to arbitrate or, if none is specified, by the state law in effect on the date when the arbitration began or on June 30, 2002, whichever first occurred.
(c) After June 30, 2004, this chapter governs an agreement to arbitrate whenever made. [L 2001, c 265, pt of §1; am L 2002, c 50, §1]
Revision Note
"July 1, 2002" substituted for "the effective date of this chapter".
Case Notes
Where appellant was already bound by an arbitration agreement executed on February 24, 2000, and therefore the post-July 1, 2002 arbitration agreement was not a "new" arbitration agreement that would dictate the application of this chapter to the arbitration proceedings, subsection (a) was inapplicable to the case. 113 H. 127, 149 P.3d 495 (2006).
Where arbitration proceeding commenced prior to June 30, 2004, subsection (c) was inapplicable to the case; thus, under the circumstances of the case and the plain language of subsection (b), the governing law applicable to the arbitration proceeding was chapter 658. 113 H. 127, 149 P.3d 495 (2006).
Where the agreement to arbitrate was executed on February 24, 2000 and the arbitration proceeding commenced on February 18, 2004, that is, prior to June 30, 2004 but after June 30, 2002, pursuant to the plain reading of the alternative stated in the second sentence of subsection (b), the governing law applicable to the arbitration proceeding was the law that was in effect on June 30, 2002, i.e., chapter 658. 113 H. 127, 149 P.3d 495 (2006).
To the extent that there may be a conflict between the jurisdictional provisions of this chapter and chapter 89, chapter 89 takes precedence over this chapter. 132 H. 492 (App.), 323 P.3d 136 (2014).
Cited: 134 H. 489, 345 P.3d 155 (2015).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-4 Effect of agreement to arbitrate; nonwaivable provisions

§658A-4 Effect of agreement to arbitrate; nonwaivable provisions
. (a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.
(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not:
(1) Waive or agree to vary the effect of the requirements of section 658A-5(a), 658A-6(a), 658A-8, 658A-17(a), 658A-17(b), 658A-26, or 658A-28;
(2) Agree to unreasonably restrict the right under section 658A-9 to notice of the initiation of an arbitration proceeding;
(3) Agree to unreasonably restrict the right under section 658A-12 to disclosure of any facts by a neutral arbitrator; or
(4) Waive the right under section 658A-16 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or section 658A-3(a) or (c), 658A-7, 658A-14, 658A-18, 658A-20(d) or (e), 658A-22, 658A-23, 658A-24, 658A-25(a) or (b), or 658A-29. [L 2001, c 265, pt of §1; am L 2002, c 16, §27]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-5 Application for judicial relief

§658A-5 Application for judicial relief
. (a) Except as otherwise provided in section 658A-28, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.
(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this chapter shall be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion shall be given in the manner provided by law or rule of court for serving motions in pending cases. [L 2001, c 265, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-6 Validity of agreement to arbitrate

§658A-6 Validity of agreement to arbitrate
. (a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.
(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders. [L 2001, c 265, pt of §1]
Case Notes
Circuit court erred in determining that petitioner's claim that the arbitration provision in question was unconscionable on several grounds were beyond the scope of its review in deciding on a motion to compel arbitration; unconscionability is a generally applicable contract defense and is within the scope of the circuit court's review on the question of whether a valid and enforceable agreement to arbitrate exists. 130 H. 437, 312 P.3d 869 (2013).
The circuit court should have granted the petitioner's motion to compel arbitration because there was an arbitration agreement between the parties that clearly and unmistakably left the issue of arbitrability to the arbitrator. 132 H. 426, 322 P.3d 966 (2014).
Cited: 297 F. Supp. 2d 1259 (2003).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-8 Provisional remedies

§658A-8 Provisional remedies
. (a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(b) After an arbitrator is appointed and is authorized and able to act:
(1) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
(2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
(c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b). [L 2001, c 265, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-9 Initiation of arbitration

§658A-9 Initiation of arbitration
. (a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice shall describe the nature of the controversy and the remedy sought.
(b) Unless a person objects for lack or insufficiency of notice under section 658A-15(c) before the beginning of the arbitration hearing, by appearing at the hearing the person waives any objection to lack of or insufficiency of notice. [L 2001, c 265, pt of §1]
Case Notes
This section is not limited to persons asserting a claim; the plain language of this section sets forth the requirements for initiating an arbitration proceeding by a person who is a party to an arbitration agreement. 107 H. 386, 114 P.3d 892 (2005).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-10 Consolidation of separate arbitration proceedings

§658A-10 Consolidation of separate arbitration proceedings
. (a) Except as otherwise provided in subsection (c), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:
(1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(2) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(3) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(4) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(b) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(c) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. [L 2001, c 265, pt of §1]
Case Notes
Circuit court did not err in declining to order consolidated arbitration where there were no separate pending arbitration proceedings to consolidate. 124 H. 372 (App.), 244 P.3d 609 (2010).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-11 Appointment of arbitrator; service as a neutral arbitrator

§658A-11 Appointment of arbitrator; service as a neutral arbitrator
. (a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
(b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral. [L 2001, c 265, pt of §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-12 Disclosure by arbitrator

§658A-12 Disclosure by arbitrator
. (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(1) A direct and material financial or personal interest in the outcome of the arbitration proceeding; and
(2) An existing or past substantial relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.
(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under section 658A-23(a)(2) for vacating an award made by the arbitrator.
(d) If the court, upon timely objection by a party, determines that the arbitrator did not disclose a fact required by subsection (a) or (b) to be disclosed, the court may determine that such failure to disclose constituted evident partiality and vacate an award made by the arbitrator pursuant to section 658A-23(a)(2).
(e) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 658A-23(a)(2). [L 2001, c 265, pt of §1; am L 2017, c 187, §1]
Case Notes
Although disclosure of de minimis interests or relationships is not required, arbitrators must at the outset disclose, then continually disclose throughout the course of an arbitration proceeding, any known facts that a reasonable person would consider likely to affect the arbitrator's impartiality. 136 H. 29, 358 P.3d 1 (2015).
"Counsel" does not include all attorneys in the law firm of an attorney representing a party to an arbitration. However, depending on the circumstances, the facts that a reasonable person would consider likely to affect an arbitrator's impartiality, thereby requiring disclosure by the arbitrator, could include the arbitrator's relationships with other attorneys within a law firm of counsel representing a party to the arbitration. 136 H. 29, 358 P.3d 1 (2015).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 658A. Uniform Arbitration Act › 658A-13 Action by majority

§658A-13 Action by majority
. If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under section 658A-15(c). [L 2001, c 265, pt of §1]