{"id":372853,"date":"2016-03-31T21:35:06","date_gmt":"2016-04-01T02:35:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/hawaii-civil-statute-of-limitations-laws.html"},"modified":"2025-03-18T14:36:28","modified_gmt":"2025-03-18T19:36:28","slug":"hawaii-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/hawaii-civil-statute-of-limitations-laws.html","title":{"rendered":"Hawaii Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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Hawaii Civil Statute of Limitations Laws<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Civil statutes of limitations<\/a> give deadlines (or limitations of actions) for filing a civil action or lawsuit. For example, if your state has a two-year statute of limitations for fraud, you have six years from the date you discovered the fraud to file a suit. If the plaintiff doesn’t bring an action within the limitations period, they risk a defendant’s motion to dismiss the case.<\/p>\r\n

Civil statutes of limitations<\/a> promote the efficient resolution of civil cases. To learn about civil statutes of limitations in the state of Hawaii, we must turn to the Hawaii Revised Statutes.<\/p>\r\n

This FindLaw article explores Hawaii’s civil statutes of limitations.<\/p>\r\n

Understanding Civil Statutes of Limitations<\/b><\/h2>\r\n

Civil statutes of limitations tell you how much time you have to file a civil action. Under Hawaii law, the time limits depend on the underlying cause of action. For example, the time limit to file a personal injury lawsuit<\/a> based on a car accident will differ from an action for fraud. One reason for this is the period of time it may take a person to discover the injury. In a car accident, the injuries are likely evident within days or weeks of the accident. By contrast, it may take someone longer to uncover the harm from fraud.<\/p>\r\n

Intentional torts<\/a> make up most causes of action under a civil statute of limitations. Torts are intentional wrongs committed against a person. Some intentional torts have an equivalent under criminal law, but only a prosecutor can prosecute crimes. You can hold the perpetrator accountable in court.<\/p>\r\n

The Hawaii Revised Statutes also cover defective products (product liability<\/a>).<\/p>\r\n

Timing<\/h3>\r\n

Prospective plaintiffs must understand when a statute of limitations begins to accrue or toll<\/a>. Accrual is the date when the plaintiff’s claim started. Accrual often begins on the day the plaintiff sustains or discovers the injury.<\/p>\r\n

Tolling is any delay in computing the limitations period. For example, many Hawaii statutes of limitations toll if the alleged perpetrator is under 18. You can’t file a lawsuit until the person turns 18. Once they turn 18, the statute of limitations<\/a> begins.<\/p>\r\n

Discovery Rule<\/h3>\r\n

The discovery rule<\/a> under Hawaii law may help some plaintiffs extend statutes of limitations. Under this rule, in some instances, the statute of limitations does not begin until the plaintiff discovers the underlying injury. One reason is that it often takes time to uncover an injury. Consider medical malpractice, for example. Let’s say a surgeon leaves a surgical sponge inside of a patient. She stitches the incision with the sponge inside the patient. It may take a few years for the patient to discover the surgeon made an error.<\/p>\r\n

Under the discovery rule, the statute of limitations does not accrue until the prospective plaintiff discovers the injury. Hawaii’s statute of limitations for medical malpractice<\/a> is two years, so in this hypothetical, the prospective plaintiff has two years from the date of discovery to file a lawsuit.<\/p>\r\n

The main provisions of Hawaii’s civil statute of limitations are in the table below.<\/p>\r\n\r\n
Injury to person<\/th>\r\n

Two years (H.R.S. \u00a7 657-7<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Libel\/slander<\/th>\r\n

Two years (H.R.S. \u00a7 657-4<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Fraud<\/th>\r\n

Two years (H.R.S. \u00a7 657-7<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Injury to personal property<\/th>\r\n

Two years (H.R.S. \u00a7 657-7<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Medical malpractice<\/th>\r\n

Two years from reasonable discovery to six years (H.R.S. \u00a7 657-7.3<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Legal malpractice<\/th>\r\n

Two years from reasonable discovery to six years (H.R.S. \u00a7 657-7.3<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Trespass<\/th>\r\n

Two years (H.R.S. \u00a7 657-7<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Collection of rents<\/th>\r\n

Six years (H.R.S. \u00a7 657-1<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Contracts<\/th>\r\n
Collection of debt on account<\/th>\r\n

Six years (H.R.S. \u00a7 657-1<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Judgments<\/th>\r\n