reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-3 Counterclaim.

§657-3 Counterclaim.
(a) In the cases enumerated in subsection (b), all the provisions of this part, or any other statute of limitations, shall apply to a claim stated as a counterclaim against an opposing party in the same manner as if an action thereon had been commenced at the time when the opposing party commenced the opposing party's action or served the pleading stating the opposing party's claim, or if a different time is applicable to the opposing party's claim under the provisions of this section then at that time.
(b) Subsection (a) shall apply if the claim stated as a counterclaim:
(1) Consists of a liquidated debt or demand, or a debt or demand capable of being ascertained by calculation; or
(2) Arises out of the transaction or occurrence that is the subject matter of the opposing party's claim.
(c) Within the meaning of this section a counterclaim includes a claim asserted against the plaintiff by a third-party defendant and in that situation the plaintiff is deemed an opposing party. [CC 1859, §1050; RL 1925, §2641; RL 1935, §3912; RL 1945, §10423; RL 1955, §241-3; HRS §657-3; am L 1972, c 186, §1; gen ch 1985]
Rules of Court
Counterclaims and cross claims, see HRCP rule 13.
Case Notes
Cited in discussion of distinction between "set-off" and "recoupment". 62 H. 334, 614 P.2d 936 (1980).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-3.5 Relation back of amendments.

§657-3.5 Relation back of amendments.
An amended pleading relates back to the date of the original pleading as provided by the rules of court.
Nothing herein limits or affects section 657-3. [L 1972, c 105, §1(c)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-4 Two years; libel and slander.

§657-4 Two years; libel and slander.
All actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after. [CC 1859, §1037; am imp L 1907, c 113, §1; am L 1913, c 19, §1; RL 1925, §2642; RL 1935, §3913; RL 1945, §10424; RL 1955, §241-4; am L 1965, c 139, §2; HRS §657-4]
Case Notes
Portions of plaintiff's defamation claim based on defendant's 2007 report and alleged 2007 statements were time-barred, where plaintiff filed the action in 2010. 892 F. Supp. 2d 1245 (2012).
Plaintiff, a former state employee, alleged slander against one of the state defendants. Although plaintiff appeared to conclude that the continuing violation doctrine made plaintiff's claims actionable, the court found that plaintiff failed to allege that the claims fell within the two-year limitations period. 430 F. Supp. 3d 655 (2020).
Claim for defamation accrues when defamee discovers or reasonably should have discovered publication. 65 H. 478, 653 P.2d 1155 (1982).
Distinguished from "general" personal injury statute of limitations of §657-7. 73 H. 578, 837 P.2d 1247 (1992).
Cited: 42 H. 177, 179 (1957).
Mentioned: 817 F. Supp. 850 (1992).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-5.5 Judgments for support.

§657-5.5 Judgments for support.
Notwithstanding section 657-5 and any other law to the contrary, every judgment for child support, including a judgment for reimbursement or other arrears, shall be enforceable until paid in full. [L 1997, c 294, §1; am L 2021, c 36, §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-6 Four years; causes arising in foreign jurisdiction, etc.

§657-6 Four years; causes arising in foreign jurisdiction, etc.
Subject to section 657-9, actions for the recovery of any debt founded upon any contract, obligation, or liability, where the cause of action has arisen in any foreign jurisdiction including actions on judgments or decrees rendered in any court not a court of record in any foreign jurisdiction but not such as are brought upon the judgment or decree of a court of record, shall be commenced within four years after the cause of action accrued, and not after. [L 1892, c 26, §1; RL 1925, §2644; RL 1935, §3915; am L 1943, c 139, §2; RL 1945, §10426; RL 1955, §241-6; HRS §657-6]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-7.5 Third-party defendants, time in which plaintiff may amend.

§657-7.5 Third-party defendants, time in which plaintiff may amend.
When a defendant, against whom action has been timely brought, brings in a third-party defendant who is or may be liable to the defendant or to the plaintiff for all or part of the plaintiff's claim against the defendant, plaintiff within thirty days after the date of filing of the third-party defendant's answer, may assert against the third-party defendant any claim, arising out of the original transaction or occurrence that is also the subject matter of the third-party plaintiff's claim against the third-party defendant, which would have been timely if the third-party defendant had been joined originally as a defendant, notwithstanding any statutory period of limitations otherwise applicable to plaintiff's claim. Nothing herein shall preclude the plaintiff from asserting any claim which the plaintiff might have asserted without the benefit of this section. [L 1972, c 186, §2; gen ch 1985]
Case Notes
Section does not preclude identification on the record of John Doe defendants after thirty days from the filing of a third-party complaint naming them. 2 H. App. 373, 636 P.2d 1352 (1981).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-8 Limitation of action for damages based on construction to improve real property.

§657-8 Limitation of action for damages based on construction to improve real property.
(a) No action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of any deficiency or neglect in the planning, design, construction, supervision and administering of construction, and observation of construction relating to an improvement to real property shall be commenced more than two years after the cause of action has accrued, but in any event not more than ten years after the date of completion of the improvement.
(b) This section shall not apply to actions for damages against owners or other persons having an interest in the real property or improvement based on their negligent conduct in the repair or maintenance of the improvement or to actions for damages against surveyors for their own errors in boundary surveys. The term "improvement" as used in this section shall have the same meaning as in section 507-41 and the phrase "date of completion" as used in this section shall mean the time when there has been substantial completion of the improvement or the improvement has been abandoned. The filing of an affidavit of publication and notice of completion with the circuit court where the property is situated in compliance with section 507-43(f) shall be prima facie evidence of the date of completion. This section shall not be construed to prevent, limit, or extend any shorter period of limitation applicable to sureties provided for in any contract or bond or any other statute, nor to extend or add to the liability of any surety beyond that for which the surety agreed to be liable by contract or bond.
(c) Nothing in this section shall exclude or limit the liability provisions as set forth in the products liability laws. [L 1967, c 194, §1; HRS §657-8; am L 1972, c 133, §1; am L 1974, c 73, §1; am L 1979, c 185, §1; am L 1980, c 70, §2 and c 232, §34; am L 1983, c 120, §1; am L 1994, c 164, §1]
Cross References
Contractor repair act, see chapter 672E.
Statute of limitations; recovery from contractors recovery fund, see §444-28.
Case Notes
Where defendant argued statute of limitations set forth in pre-1994 version of this section barred plaintiffs' suit, plaintiffs presented sufficient evidence to create genuine issue of material fact as to their claim that statute of limitations should be equitably tolled as a result of defendant's alleged misleading conduct. 930 F. Supp. 1411 (1996).
In granting immunity to certain persons, section prior to 1974 amendment was declared violative of equal protection guaranty. 55 H. 7, 514 P.2d 568 (1973).
Homeowner's suit not barred because rights matured before 1972 amendments took effect. 64 H. 80, 636 P.2d 1348 (1981).
Section held violative of equal protection. 65 H. 26, 647 P.2d 276 (1982).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-9 Action barred in foreign jurisdiction.

§657-9 Action barred in foreign jurisdiction.
When a cause of action has arisen in any foreign jurisdiction, and by the laws thereof an action thereon cannot there be maintained against a person, by reason of the lapse of time, an action thereon shall not be maintained against the person in this State, except in favor of a domiciled resident thereof, who has held the cause of action from the time it accrued. [CC 1859, §1167; RL 1925, §2646; RL 1935, §3917; RL 1945, §10428; RL 1955, §241-8; HRS §657-9; gen ch 1985]
Case Notes
Enforcement of valid and subsisting foreign judgment. 128 F. Supp. 697 (1955).
Where, pursuant to Philippine case law, relevant Philippine statutes of limitations were tolled as a matter of law, action was brought in this State within the time required under the relevant Philippine statutes of limitations as required by this section. 89 H. 91, 969 P.2d 1209 (1998).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-10 Special limitations.

§657-10 Special limitations.
This part shall not extend to any action which is, or shall be, limited by any statute to be brought within a shorter time than is herein prescribed; but the action shall be brought within the time limited by the statute. [CC 1859, §1048; RL 1925, §2647; RL 1935, §3918; RL 1945, §10429; RL 1955, §241-9; HRS §657-10]
Cross References
Wrongful death actions, see §663-3.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-11 Recoveries authorized by federal statute.

§657-11 Recoveries authorized by federal statute.
Whenever any federal statute provides for damages or equitable relief and neither the federal statute nor any specific state statute specifies the period within which suit may be brought, the suit, if brought in a state court, shall be commenced within two years from the date the cause of action arises or be thereafter barred. [L 1945, c 174, §1; RL 1955, §241-10; HRS §657-11; am L 1972, c 105, §1(f); am L 1986, c 337, §1]
Case Notes
Does not apply to actions brought under 42 U.S.C. 1983. 749 F.2d 588 (1984).
Applicable to breach of Railway Labor Act; tolling of limitations period. 790 F.2d 727 (1986).
Two-year statute of limitations, rather than six-month catchall statute of limitations in National Labor Relations Act, applied to action brought under employee protection program of Airline Deregulation Act. 940 F.2d 1312 (1991).
Does not apply to action for redress for deprivation of civil rights. 402 F. Supp. 95 (1975).
Section may not apply to claims filed pursuant to SEC Rules 103-5 or §17(a) of the Securities Act of 1933 because no new liability is imposed. 501 F. Supp. 830 (1980).
Limitation period under this section applied because Railway Labor Act "imposes a new liability". 525 F. Supp. 874 (1981).
Unconstitutionally discriminates against actions brought under federal statutes. 574 F. Supp. 1510 (1983).
Section was constitutional as applied to action brought under 42 U.S.C. 1983. 575 F. Supp. 1510 (1983).
Applies to actions brought under Racketeer Influenced and Corrupt Organizations Act. 619 F. Supp. 585 (1985).
Application of statute of limitations for Labor Management Act. 687 F. Supp. 1453 (1988).
Applies to actions brought in state courts; §657-1 was applied to federal action. 751 F. Supp. 1426 (1990).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-14 Disability to exist at accrual of action.

§657-14 Disability to exist at accrual of action.
No person shall avail oneself of any disability enumerated in this part, unless the disability existed at the time the right of action accrued. [CC 1859, §1046; RL 1925, §2649; RL 1935, §3920; RL 1945, §10431; RL 1955, §241-13; HRS §657-14; am L 1972, c 105, §1(g); gen ch 1985]
Case Notes
Cited: 29 H. 579, 586 (1927).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-15 Two or more disabilities.

§657-15 Two or more disabilities.
Where there are two or more such disabilities existing at the time the right of action accrued, the limitations herein prescribed shall not attach until all the disabilities are removed. [CC 1859, §1047; RL 1925, §2650; RL 1935, §3921; RL 1945, §10432; RL 1955, §241-14; HRS §657-15]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-18 Extension by absence from State.

§657-18 Extension by absence from State.
If at any time when any cause of action specified in this part or section 663-3 accrues against any person, the person is out of the State, the action may be commenced within the terms respectively limited, after the return of the person into the State, and if, after the cause of action has accrued, the person departs from and resides out of the State, the time of the person's absence shall not be deemed or taken as any part of the time limited for the commencement of the action. [CC 1859, §1041; RL 1925, §2652; RL 1935, §3923; RL 1945, §10434; RL 1955, §241-17; HRS §657-18; am L 1972, c 105, §1(j); gen ch 1985]
Case Notes
Section did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in § §634-33 and 634-36. 89 H. 1, 967 P.2d 1059 (1998).
By express limitation, this section does not apply to toll the statute of limitations period set forth in §490:2-725. 93 H. 174 (App.), 998 P.2d 55 (2000).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-19 Extension by injunction.

§657-19 Extension by injunction.
Whenever the commencement of any action is stayed by an injunction of any court, the time during which the injunction is in force shall not be deemed any portion of the time limited in this part or section 663-3 for the commencement of the action. [CC 1859, §1043; RL 1925, §2653; RL 1935, §3924; RL 1945, §10435; RL 1955, §241-18; HRS §657-19; am L 1972, c 105, §1(k)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-20 Extension by fraudulent concealment.

§657-20 Extension by fraudulent concealment.
If any person who is liable to any of the actions mentioned in this part or section 663-3, fraudulently conceals the existence of the cause of action or the identity of any person who is liable for the claim from the knowledge of the person entitled to bring the action, the action may be commenced at any time within six years after the person who is entitled to bring the same discovers or should have discovered, the existence of the cause of action or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations. [CC 1859, §1049; RL 1925, §2654; RL 1935, §3925; RL 1945, §10436; RL 1955, §241-19; HRS §657-20; am L 1972, c 105, §1(1)]
Case Notes
Possibility that plaintiffs can show "lulling" or fraudulent concealment is sufficient to avoid summary disposition on statute of limitations defense. 501 F. Supp. 830 (1980).
Applicability of statute of limitations to state securities fraud claims discussed. 758 F. Supp. 1357 (1991).
Where plaintiffs claimed that fraudulent concealment tolled the statute of limitations applicable to their contract claims: (1) material questions of fact existed regarding the breach of the first alleged agreement; and (2) the count alleging breach of contract under the second alleged agreement was barred by the statute of limitations; plaintiffs had constructive knowledge of their cause of action arising out of the second alleged agreement no later than 1996 and the doctrine of constructive notice applied despite any fiduciary relationship that may have existed. 360 F. Supp. 2d 1122 (2005).
Doctrine of fraudulent concealment was inapplicable, where plaintiffs had not brought forth evidence sufficient to support a finding that defendant's employees took affirmative steps to conceal anything. 396 F. Supp. 2d 1150 (2005).
This section is limited to causes of action mentioned in part I of chapter 657 or §663-3, and therefore does not apply to plaintiff's claim brought pursuant to chapter 480. 777 F. Supp. 2d 1224 (2011).
Plaintiff did not set forth any facts to support a plausible allegation of fraudulent concealment, where plaintiff did not point to conduct by either defendant to conceal anything, including the existence of plaintiff's current causes of action, and failed to allege any acts by defendants to prevent plaintiff from suing in time. Also, the alleged facts that plaintiff contended were concealed were evident on the face of the recorded trustee deed. 992 F. Supp. 2d 1053 (2014).
Construed in connection with contention that nondisclosure amounts to concealment. 44 H. 297, 353 P.2d 820 (1960).
Nature of fraudulent concealment. 63 H. 210, 626 P.2d 173 (1981).
Discussed: 792 F. Supp. 2d 1111 (2011).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-21 Extension by keeping defendant in ignorance.

§657-21 Extension by keeping defendant in ignorance.
When an action is alleged by a plaintiff to have been commenced within the time required by law, and the allegation is put in issue by the defendant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff was not issued with the intent or in the manner required by law; or that any means whatever were used by the plaintiff, or the plaintiff's attorney, to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof. [CC 1859, §1044; RL 1925, §2655; RL 1935, §3926; RL 1945, §10437; RL 1955, §241-20; HRS §657-21; am L 1972, c 105, §1(m); gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-21.5 Extension by sentencing of criminal defendant.

§657-21.5 Extension by sentencing of criminal defendant.
Notwithstanding any law to the contrary, for any victim of a particular crime, for surviving immediate family members of a victim, or for the estate of a victim, the statute of limitations for any civil cause of action against a person convicted of that crime shall be tolled from the moment the civil cause of action arises until the person convicted of that crime is released from imprisonment, released from parole, or released from probation and is no longer under the jurisdiction of the court for that crime, if:
(1) The crime upon which the civil action is based is a felony; or
(2) The victim of the crime upon which the civil action is based is the victim of a "sexually violent offense" or a "criminal offense against a victim who is a minor", as defined by section 846E-1. [L 2002, c 201, §1]
Note
The definitions of "sexually violent offense" and "criminal offense against a victim who is a minor", referred to in paragraph (2), were deleted from §846E-1 by L 2005, c 45, §3(3).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-22 When process not commencement.

§657-22 When process not commencement.
Upon any such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, the process shall not be deemed the commencement of an action within the meaning of this part or section 663-3. [CC 1859, §1045; RL 1925, §2656; RL 1935, §3927; RL 1945, §10438; RL 1955, §241-21; HRS §657-22; am L 1972, c 105, §1(n)]
Case Notes
Where plaintiffs never had original complaint, the only complaint filed within limitations period, served on defendant and had only the first amended complaint served, despite the fact that original complaint was never served, actions by plaintiffs evidenced both an intent to serve original complaint as well as a continuing intent to pursue their cause of action. 848 F. Supp. 1482 (1993).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-23 Extension while criminal case is pending.

§657-23 Extension while criminal case is pending.
If at any time when any cause of action for recovery of restitution or compensation for damage or injury to a victim of a crime exists, a criminal action is pending which arises out of the same occurrence, the time during which the criminal action is pending shall not be deemed or taken as any part of the time limited for the commencement of the civil action.
As used in this section, a criminal action is pending until the court's jurisdiction in the criminal action is terminated. [L 1986, c 225, §1; am L 1998, c 269, §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-24 Periodic payments of damages.

§657-24 Periodic payments of damages.
In any action in tort involving the State, any political subdivision of the State, or any governmental agency as a tortfeasor where a final judgment is obtained of more than $1,000,000, the State, political subdivision, or governmental agency has the option of paying that portion of the award in excess of $1,000,000 by periodic payments for a period not to exceed five years. The periodic payments shall include interest on the unpaid balance at the rate specified in section 478-3. A proposed periodic payment plan shall be submitted by the State, political subdivision, or governmental agency to the court in a post judgment hearing for final approval. The court shall approve or order modification of the plan based upon the facts and circumstances of the case and the needs of the parties. [L Sp 1986, c 2, §14]
Revision Note
Section "478-3" substituted for "478-2" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-31.5 Adverse possession.

§657-31.5 Adverse possession.
In an action under this part where the person defending the action claims by adverse possession in excess of the period of limitation, said claim can only be made:
(1) If the real property which is the subject of the action is five acres or less; and
(2) Where the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years; however, this shall not include similar claims made before November 7, 1978.
However, any person defending an action under this part may claim adverse possession if that person's time period of adverse possession of the land exceeded twenty years prior to November 7, 1978, or exceeded other earlier applicable time periods of adverse possession. [L 1979, c 157, §2]
Cross References
Constitutional provisions, see Const. art. XVI, §12.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-32 How computed.

§657-32 How computed.
If the right first accrued to any ancestor or predecessor of the person bringing the action or making the entry, or to any persons from, by, or under whom the person bringing the action or making the entry claims, the twenty years shall be computed from the time when the right first accrued to the ancestor, predecessor, or other persons. [L 1870, c 22, §2; am L 1898, c 19, §2; RL 1925, §2658; RL 1935, §3929; RL 1945, §10440; RL 1955, §241-31; HRS §657-32; am L 1979, c 105, §61; am L 2016, c 55, §34]
Case Notes
Cited: 19 H. 602, 605 (1909).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-33 Action accrues when.

§657-33 Action accrues when.
In the construction of this part, the right to make an entry or commence an action shall be deemed to have first accrued at the following times:
(1) When any person is disseised, that person's right of entry or action shall be deemed to have accrued at the time of the disseisin;
(2) When any person claims as heir or devisee of one who died seised, that person's right shall be deemed to have accrued at the time of the death, unless there is an estate by the curtesy or in dower, or some other estate intervening after the death of the ancestor or devisor, in which case that person's right shall be deemed to have accrued when the intermediate estate shall expire, or when it would have expired by its own limitation;
(3) Where there is an intermediate estate, and in all other cases, where a party claims in remainder, or reversion, that party's right so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which that party might have entered at an earlier time;
(4) Paragraph (3) shall not prevent any person from entering, when entitled to do so, by reason of any forfeiture or breach of condition, but if a person claims under such a title, that person's right shall be deemed to have accrued when the forfeiture was incurred or condition broken; and
(5) In the cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom the claimant claims, first became entitled to the possession of the premises under the title upon which the entry or action is founded. [L 1870, c 22, §3; RL 1925, §2659; RL 1935, §3930; RL 1945, §10441; RL 1955, §241-32; HRS §657-33; am L 2016, c 55, §35]
Case Notes
Remaindermen and life tenants. 18 H. 625 (1908), aff'd, 222 U.S. 285 (1911).
Entry means entry by claimant personally as well as entry through another. 54 H. 489, 510 P.2d 93 (1973).
Cited: 19 H. 602, 605 (1909); 19 H. 681, 683 (1909).
Cited: 133 H. 425 (App.), 329 P.3d 330 (2014).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-33.5 Deregistered land.

§657-33.5 Deregistered land.
In no event shall the period of limitations provided in this part begin prior to the date and time of deregistration for deregistered land. The terms "date and time of deregistration" and "deregistered land" as used in this section shall have the same meaning as in section 501-20. [L 2009, c 120, §4; am L 2012, c 121, §8]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-34 Disabilities.

§657-34 Disabilities.
If, when right of entry or of action first accrues as aforesaid, the person entitled to the entry or action is within the age of eighteen years, or insane, or imprisoned, such person, or anyone claiming from, by, or under the person, may make the entry or bring the action at any time within five years after the disability is removed, notwithstanding the twenty years before limited in that behalf, have expired. [L 1870, c 22, §4; am L 1898, c 19, §3; RL 1925, §2660; RL 1935, §3931; RL 1945, §10442; RL 1955, §241-33; HRS §657-34; am L 1972, c 2, §37(2) and c 105, §1(o); am L 1979, c 105, §62; gen ch 1985]
Case Notes
Infancy does not affect rule requiring reasonable attention to property and rights. 16 H. 228 (1904).
Disabilities of heirs when statute has started running. 18 H. 662 (1907).
Conveyance to minors. 24 H. 1 (1917).
Disaffirmance by minor. 30 H. 184 (1927).
These exceptions cannot be engrafted on §667-13 to extend period of redemption thereunder. 45 H. 505, 371 P.2d 217 (1962).
Cited: 19 H. 474, 480 (1909).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-35 Extension of time by death.

§657-35 Extension of time by death.
If the person first entitled to make the entry or bring the action dies during the continuance of any of the disabilities mentioned in section 657-34, the entry may be made or the action brought by that person's heirs, or any other person claiming from, by, or under the person first entitled to make the entry or bring the action, at any time within five years after that person's death, notwithstanding the twenty years have expired. [L 1870, c 22, §5; am L 1898, c 19, §4; RL 1925, §2661; RL 1935, §3932; RL 1945, §10443; RL 1955, §241-34; HRS §657-35; am L 1972, c 105, §1(p); am L 1979, c 105, §63; am L 2016, c 55, §36]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-36 Same.

§657-36 Same.
If, when the right of action first accrues, the person entitled thereto is under any of the disabilities mentioned in section 657-34, and dies without having recovered the premises, no further time for making the entry or bringing the action, beyond what is prescribed in section 657-35, shall be allowed by reason of the disability of any other person. [L 1870, c 22, §6; RL 1925, §2662; RL 1935, §3933; RL 1945, §10444; RL 1955, §241-35; HRS §657-36]
Case Notes
Cited: 18 H. 662 (1907).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-38 Possession, interrupting statute.

§657-38 Possession, interrupting statute.
No person shall be deemed to have been in possession of any lands within the meaning of this part, merely by reason of having made an entry thereon, unless the person has continued in open and peaceable possession of the same for the space of one year after such entry; or unless an action has been commenced upon the entry within one year after ouster. [L 1870, c 22, §7; am L 1909, c 103, §1; RL 1925, §2664; RL 1935, §3935; RL 1945, §10446; RL 1955, §241-37; HRS §657-38; gen ch 1985]
Case Notes
Tacking, privity of estate or title. 31 H. 108 (1929).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-1 Definitions.

§657D-1 Definitions.
As used in this chapter, unless the context indicates otherwise:
"Active service" or "active duty" includes but is not limited to the period during which the persons in military service are absent from duty on account of sickness, wounds, leave, or other lawful cause.
"Court" includes any court of competent jurisdiction of the State of Hawaii, whether or not a court of record.
"Full time National Guard duty" means full time service in the National Guard as defined in section 101(19) of title 32 United States Code.
"Military service" means service on state active duty in any of the state military forces or full time National Guard duty.
"Period of military service" means the period beginning on the date on which the person enters state active duty or full time National Guard duty and ending on the date of the person's release from state active duty or full time National Guard duty or the person's death while on state active duty or full time National Guard duty.
"Person", when used with reference to the holder of any right alleged to exist against a person in military service or against a person secondarily liable under such right, includes individuals, partnerships, corporations, and any other forms of business association.
"Person in the military service" and "persons in the military service of the State" include all members of any of the state military forces, as defined in section 124B-1.
"State active duty" includes any period during which a person in the military service of the State is ordered to state active duty by the adjutant general or the governor. [L 1994, c 257, pt of §2; am L 2019, c 77, §2; am L 2022, c 286, §5]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-2 Territorial application; jurisdiction of courts; form of procedure.

§657D-2
Territorial application; jurisdiction of courts; form of procedure.
(a) This chapter shall apply to the United States, the states and territories, the District of Columbia, and all territories subject to the jurisdiction of the United States, and to proceedings commenced in any court therein, and shall be enforced through the usual forms of procedure in such courts or under their rules.
(b) When under this chapter any application is required to be made to a court in which no proceeding has already been commenced as to the matter, that application may be made to any court. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-3 Protection of persons secondarily liable.

§657D-3 Protection of persons secondarily liable.
(a) Whenever:
(1) The enforcement of any obligation or liability;
(2) The prosecution of any suit or proceeding;
(3) The entry or enforcement of any order, writ, judgment, or decree; or
(4) The performance of any other act;
may be stayed, postponed, or suspended, the stay, postponement, or suspension may likewise be granted in the discretion of the court to sureties, guarantors, endorsers, accommodation makers, and others, whether primarily or secondarily subject to the obligation or liability that is stayed, postponed, or suspended.
(b) When a judgment or decree is vacated or set aside in whole or in part as provided in this chapter, the court in its discretion may likewise set aside and vacate it as to any surety, guarantor, endorser, accommodation maker, or other person, whether primarily or secondarily liable upon the contract or liability for the enforcement of which the judgment or decree was entered.
(c) Whenever by reason of the military service of a principal, the sureties of a criminal bail bond are prevented from enforcing the attendance of their principal and performing their obligation, the court shall not enforce the provisions of the bond during the military service of that principal. The court, in accordance with principles of equity and justice, may discharge those sureties and exonerate the bail either during or after such service.
(d) Nothing in this chapter shall prevent a waiver in writing of the benefits afforded by subsections (a) and (b) by any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the obligation or liability, except that no such waiver shall be valid unless it is executed as an instrument separate from the obligation or liability in respect of which it applies. No such waiver shall be valid after the beginning of the period of military service if executed by:
(1) An individual who subsequent to the execution of that waiver becomes a person in military service; or
(2) A dependent of the individual. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-4 Notice of benefits to persons in and persons entering military service.

§657D-4 Notice of benefits to persons in and persons entering military service.
The adjutant general shall ensure the giving of notice of the benefits accorded by this chapter to persons entering the state military forces. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-5 Extension of benefits to persons ordered to report for military service.

§657D-5 Extension of benefits to persons ordered to report for military service.
Any person who is ordered to report for military service shall be entitled to the relief and benefits during:
(1) The period of military service; and
(2) The period beginning on the date of receipt of the order and ending on the date upon which the member reports for military service, or the date on which the order is revoked, whichever is earlier. [L 1994, c 257, pt of §2; am L 2019, c 77, §3]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-6 Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service.

§657D-6 Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service.
Nothing in this chapter shall prevent:
(1) The modification, termination, or cancellation of any contract, lease, or bailment or any obligation secured by mortgage, trust deed, lien, or other security in the nature of a mortgage; or
(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that is security for any obligation or which has been purchased or received under a contract, lease, or bailment;
pursuant to a written agreement of the parties thereto (including the person in military service, whether or not the person is a party to the obligation), or their assignees, executed during or after the period of military service of that person. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-7 Exercise of rights not to affect lenders, credit, or insurers.

§657D-7
Exercise of rights not to affect lenders, credit, or insurers.
Application by a person in military service for, or receipt by a person in military service of, a stay, postponement, or suspension pursuant to this chapter in the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability of that person shall not by itself provide the basis for any of the following:
(1) A determination by any lender or other person that the person in military service is unable to pay the civil obligation or liability in accordance with its terms;
(2) With respect to a credit transaction between a creditor and the person in military service:
(A) A denial or revocation of credit by the creditor;
(B) A change by the creditor in the terms of an existing credit arrangement; or
(C) A refusal by the creditor to grant credit to such person in substantially the amount or on substantially the terms requested;
(3) An adverse report on the creditworthiness of the person in military service by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information; or
(4) A refusal by an insurer to insure the person.
[L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-11 Default judgments; affidavits; bonds; attorneys for persons in service.

§657D-11 Default judgments; affidavits; bonds; attorneys for persons in service.
(a) In a default of any appearance by the defendant in any action or proceeding commenced in any court, no judgment shall be entered without first securing a court order directing that entry, and no order shall be made if the defendant is in the military service until after the court has appointed an attorney to represent the defendant. The court, on application, shall make such an appointment. If it appears that the defendant is in the military service, the court may require the plaintiff to file a bond approved by the court before judgment is entered. The bond shall be to indemnify the defendant in military service against any loss or damage that the defendant may suffer from any judgment should the judgment be thereafter set aside in whole or in part. The court may make other and further orders or enter a judgment that in its opinion may be necessary to protect the rights of the defendant under this chapter.
(b) Any person who makes or uses any affidavit, statement, declaration, verification, or certificate claiming that the defendant is not in military service, knowing it to be false, shall be punished as provided in chapter 710, part V.
(c) In any action or proceeding in which a person in military service is a party and does not personally appear therein or is not represented by an authorized attorney, the court may appoint an attorney to represent the person. In that case, a bond may be required and an order made to protect the rights of the person. But no attorney appointed under this chapter to protect a person in military service shall have power to waive any right of that person or bind that person.
(d) If any judgment shall be rendered in any action or proceeding governed by this section against any person in military service during the period of that service or within sixty days thereafter, and it appears that the person in military service was prejudiced by reason of the person's military service in making the person's defense thereto, then the judgment, upon application made by the person or the person's legal representative, not later than sixty days after the termination of the military service, may be opened by the court rendering the same and the defendant or the defendant's legal representative allowed to defend; provided it is made to appear that the defendant has a meritorious or legal defense to the action or some part thereof.
(e) Vacating, setting aside, or reversing any judgment because of any of the provisions of this chapter shall not impair any right or title acquired by any bona fide purchaser for value under the judgment. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-12 Stay of proceedings where military service affects conduct thereof.

§657D-12
Stay of proceedings where military service affects conduct thereof.
In any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of that service or within sixty days thereafter, the court in its discretion, on application to it by the person or a person on such person's behalf, shall stay the action or proceeding at any stage as provided in this chapter. No stay shall issue if, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct the defense is not materially affected by reason of the person's military service. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-13 Fines and penalties on contracts.

§657D-13
Fines and penalties on contracts.
When an action for compliance with the terms of any contract is stayed pursuant to this chapter, no fine or penalty shall accrue by reason of failure to comply with the terms of the contract during the period of the stay. In any case where a person fails to perform any obligation and a fine or penalty for the nonperformance is incurred, a court may relieve the enforcement of the fine or penalty on such terms as may be just if the person was in the military service when the penalty was incurred and that by reason of that service the ability of the person to pay or perform was thereby materially impaired. [L 1994, c 257, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-14 Restrictions.

§657D-14 Restrictions.
(a) In any action or proceeding commenced in any court, if an insurance policy was assigned prior to the person's period of military service to secure the payment of any obligation of that person, no assignee of the policy (except the insurer in connection with a policy loan), during the period of military service of the insured or within sixty days thereafter, except upon the consent in writing of the insured made during the period or when the premiums thereon are due and unpaid or upon the death of the insured, shall exercise any right or option by virtue of the assignment unless upon leave of court granted upon an application made by the assignee. The court may refuse to grant leave unless the court finds that the ability of the obligor to comply with the terms of the obligation is not materially affected by reason of the obligor's military service. For the purpose of this subsection, premiums which are guaranteed under part IV shall not be deemed to be due and unpaid.
(b) No person shall exercise any right to foreclose or enforce any lien for storage of household goods, furniture, or personal effects of a person in military service during the person's period of military service and for sixty days thereafter except upon an order previously granted by a court upon application and a return made and approved by the court. The court, after a hearing on an application by the person in military service or some person on behalf of the person in military service, unless in the opinion of the court the ability of the defendant to pay the storage charges due is not materially affected by reason of the person's military service, may find against a person in military service.
(c) Before or during the period of that service, or within sixty days thereafter, the court, on its own motion or on application to it by such person or a person on such person's behalf, unless in the opinion of the court the ability of the defendant to comply with the judgment or order entered or sought is not materially affected by reason of the defendant's service shall:
(1) Stay the execution of any judgment or order entered against this person, as provided in this chapter; or
(2) Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this chapter. [L 1994, c 257, pt of §2]
Revision Note
Subsection (a) designation added pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-15 Duration and term of stays; co-defendants not in service.

§657D-15 Duration and term of stays; co-defendants not in service.
A stay of any action, proceeding, attachment, or execution, ordered by any court under this chapter, shall be for the period of military service and ninety days thereafter or any part of that period, and may be subject to such terms as may be just, including payment in installments of specified amounts and at such times as the court may fix. Where the person in military service is a co-defendant with others, the plaintiff may proceed against the others by leave of the court. [L 1994, c 257, pt of §2; am L 2019, c 77, §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657D. Civil Relief for State Military Forces › 657D-16 Statutes of limitations as affected by period of service.

§657D-16 Statutes of limitations as affected by period of service.
The period of military service shall not be included in computing any period for the bringing of any action or proceeding in any court, or before a state or county agency by or against any person in military service or by or against the person's heirs, personal representatives, administrators, or assigns, whether the cause of action or right or privilege to institute that action or proceeding accrued prior to or during the period of the military person's service. No part of the period of military service that occurs after July 1, 1994, shall be included in computing any period now or hereafter provided by any law for the redemption of real property sold or forfeited to enforce any obligation, tax, or assessment. [L 1994, c 257, pt of §2]
Revision Note
"July 1, 1994," substituted for "the effective date of this chapter".