Hawaii Statute of Limitations

How much time do you have to file a lawsuit in Hawaii?

A statute of limitation can limit the time period in which a person can file a lawsuit. Evary state?s statutes are different regarding the amount of time in which a person can file a lawsuit. Statutes can also vary per state according to the type of claim one is pursuing.

Hawaii Statutes

Hawaii Statutes of Limitation

Six years.

The following actions shall be commenced within six years next after the cause of action accrued, and not after:

(1) Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court; excepting further that actions for the recovery of any debt founded upon any contract, obligation, or liability made pursuant to chapter 577A shall be governed by chapter 577A;

(2) Actions upon judgments or decrees rendered in any court not of record in the State, or, subject to section 657-9, in any court of record in any foreign jurisdiction;

(3) Actions for taking or detaining any goods or chattels, including actions in the nature of replevin;

(4) Personal actions of any nature whatsoever not specifically covered by the laws of the State.

?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.

?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.

?657-7 Damage to persons or property. Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13.

?657-7.3 Medical torts; limitation of actions; time.

No action for injury or death against a chiropractor, clinical laboratory technologist or technician, dentist, naturopath, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any such person, based upon such person's alleged professional negligence, or for rendering professional services without consent, or for error or omission in such person's practice, shall be brought more than two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death. This six-year time limitation shall be tolled for any period during which the person has failed to disclose any act, error, or omission upon which the action is based and which is known to the person.

Actions by a minor shall be commenced within six years from the date of the alleged wrongful act except the actions by a minor under the age of ten years shall be commenced within six years or by the minor's tenth birthday, whichever provides a longer period. Such time limitation shall be tolled for any minor for any period during which the parent, guardian, insurer, or health care provider has committed fraud or gross negligence, or has been a party to a collusion in the failure to bring action on behalf of the injured minor for a medical tort. The time limitation shall also be tolled for any period during which the minor's injury or illness alleged to have arisen, in whole or in part, from the alleged wrongful act or omission could not have been discovered through the use of reasonable diligence.

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