Title 36, Civil Remedies And Defenses And Special Proceedings

§654-2 Bond. (a) When the plaintiff desires the immediate delivery of the property, the plaintiff shall execute a bond to the defendant in possession of the property, and to all persons having an interest in the property, of such amount and with such sureties as are approved by t…

[§654-3] Execution of the order. The officer to whom an order has been issued shall forthwith execute the same by taking possession of the property therein described, for which purpose the officer may enter in or upon any enclosure or other property, including any building or oth…

[§654-4] Examination of defendant. When it appears by the return of the officer to whom the order was issued that the property claimed has been disposed of or concealed so that the order cannot be executed, the court, upon motion and affidavit, may compel the attendance of the de…

[§654-5] Delivery. The officer, having taken possession of the property or any part thereof, shall forthwith deliver the same to the plaintiff, unless before the actual delivery to him, the defendant who had possession, or any person claiming an interest therein and a right to th…

[§654-6] Return of officer. The officer shall return the order on or before the return day specified in the order issued to the officer and state fully what the officer has done thereunder. If the officer has taken any property the officer shall describe the same particularly. [L…

[§654-7] Judgment. The judgment shall determine which party is entitled to the possession of the property and shall designate the party's right therein and if the party has not the possession thereof shall also determine the value of the right of the party. The court may also awa…

[§654-8] Plaintiff's option. If the party found to be entitled to the property is not already in possession thereof by delivery under this chapter, or otherwise, the party may, in addition to an execution for damages awarded under section 654-7, at the party's option have an exec…

[§654-8.5 College savings program; exemptions.] (a) Moneys in an account created pursuant to chapter 256 are exempt from application to the satisfaction of a money judgment as follows: (b) For the purposes of this section, the terms "account owner" and "designated beneficiary" sh…

[§654-9] Other remedies not affected. The remedy provided by this chapter shall be in addition to, and shall not be deemed to affect, any other remedy. [L Sp 1949, c 7, pt of §1; RL 1955, §244-29; HRS §654-30; am L 1972, c 90, §1(g); ren HRS §654-9]

§655-1 Deposit in court or delivery to party. When it is admitted, by the pleading or examination of a party, that the party has in the party's possession, or under the party's control, any money, or other thing, capable of delivery, which, being the subject of the litigation, is…

§655-2 Enforcement of order. Whenever in the exercise of its authority a court has ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff, or any of the sheriff's …

§655-3 Money in court, deposit as ordered by the court. Whenever any money is paid into, or deposited in any court to abide the ascertainment of the right to the money, or the termination of the action, the court shall have power, upon the application of any party interested, or …

§656-1 Certain contracts, when actionable. No action shall be brought and maintained in any of the following cases: unless the promise, contract, or agreement, upon which the action is brought, or some memorandum or note thereof, is in writing, and is signed by the party to be ch…

§656-2 Consideration need not be in writing. The consideration of any such promise, contract, or agreement, need not be set forth, or expressed, in the writing signed by the party to be charged therewith, but may be proved by any other legal evidence. [CC 1859, §1054; RL 1925, §2…

§656-3 Representation of another's credit, etc., when actionable. No action shall be brought and maintained to charge any person upon, or by reason of, any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, u…

PART I. PERSONAL ACTIONS §657-1 Six years. The following actions shall be commenced within six years next after the cause of action accrued, and not after:

[§657-1.5] Limitation of actions not applicable to State. No limitation of actions provided for under this or any other chapter shall apply to bar the institution or maintenance of any action by or on behalf of the State and its agencies, unless the State is specifically designat…

[§657-1.7] Civil action arising from sexual offenses against adult victims; certificate of merit. (a) For a period of two years commencing on July 1, 2024, a person who is a victim of sexual abuse that occurred after June 30, 2012, in the State when the person was eighteen years …

§657-1.8 Civil action arising from sexual offenses; application; certificate of merit; trauma-informed response. (a) Notwithstanding any law to the contrary, no action for recovery of damages based on physical, psychological, or other injury or condition suffered by a victim when…

§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, §26…

§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, sha…

§657-13 Infancy, insanity, imprisonment. If any person entitled to bring any action specified in this part (excepting actions against the sheriff, chief of police, or other officers) is, at the time the cause of action accrued, either: such person shall be at liberty to bring suc…

§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; HR…

§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, §…

§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 i…

§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.…

§657-2 Mutual current account. In all actions in the nature of debt, account, or assumpsit, brought to recover any balance due upon a mutual, open, and current account, the cause of action shall be deemed to have accrued from the time of the last item proved in the account. [CC 1…

§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 p…

§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 proc…

[§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 ag…

§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…

§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 th…

[§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 agen…

§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…

§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)]

PART II. REAL ACTIONS §657-31 Twenty years. No person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued. [L 1870, c 22, §1; am L 1898, c 19, §1; RL 1925, §2657; RL 1…

§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: However, any person defending an action under this part may claim adverse possession i…

§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 …

§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:

§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…

§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 br…

§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 claim…

§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 prescrib…

§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 spac…

§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, §2…

§657-5 Domestic judgments and decrees. Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered. No action shall be commenced after the …