Hawaii Statutes of Limitations

Welcome to FindLaw's overview of Hawaii's statutes of limitations (SOL) laws, which impose a time limit on criminal and civil actions in the Aloha State. Statutes of limitations give a deadline or a limitations period to start civil lawsuits or prosecute a criminal.

If a prosecutor or potential plaintiff files a legal action after the SOL expires, they risk having their case dismissed. Federal, state, and local governments all have statutes of limitations that apply in civil and criminal cases. This FindLaw article explores SOL laws in the State of Hawaii.

Statutes of Limitations Basics

Statutes of limitations are a fundamental element of our legal system. They help ensure the timely administration of justice. If prosecutors ignore the statute of limitations on a criminal charge, the accused can use the SOL as a defense. The court will likely dismiss the case. Statutes of limitations give the legal system a framework within which to pursue justice promptly.

Each statute of limitation should address the following:

• The cause of action or event that triggers the limitations period
• The limitations period or time between the triggering event and the end of the SOL

Once the limitations period expires, nobody can bring a case against the accused.

Statutes of limitations also apply in civil lawsuits. The relevant statute of limitations will dictate the amount of time a plaintiff has from the date of the accident to file a lawsuit, such as one for a personal injury.

It's a good idea to consult with an attorney to act before the accrual of a potential cause of action expires. An incorrect computation and untimely filing could lead to a dismissal of your injury claims.

Hawaii Statute of Limitations

Hawaii law sets time limits for civil and criminal actions. On the civil side, the Hawaii Revised Statutes addresses a wide range of harms to a person, like medical tort, medical malpractice, or a motor vehicle accident.

It also specifically addresses each type of criminal offense, such as the sexual abuse of a minor. The relevant section gives three to eight years to file a claim against the alleged perpetrator.

Civil Statutes of Limitation

In Hawaii, most civil causes of action, including the following, come with a two-year statute of limitations:

• Slander
• Libel
• Injury to personal property
• Fraud
• Injury to a person

The following causes of action have a six-year statute of limitations:

• Collection of rents
• Written and oral contracts
• Collection of debts

Criminal Statutes of Limitations

Hawaii's criminal laws address time limits for specific crimes. Prosecutors must bring criminal charges within the allowable time limits or risk having their case dismissed. The time limits under state law correspond to the severity of the crime. Here are a few examples of Hawaii's criminal statute of limitations:

• Class A felony: six years
• Misdemeanors: three years
• Petty misdemeanors: one year
• First or second-degree murder: no statute of limitations

Exceptions to Hawaii's Statutes of Limitations

Hawaii law offers a few exceptions to its civil and criminal statutes of limitations. Some circumstances can justify modification.

Discovery Rule

On the civil side, the discovery rule may help some plaintiffs extend the statute of limitations. Under the discovery rule, the SOL does not accrue until the prospective plaintiff discovers the injury. For example, uncovering any evidence of harm due to medical malpractice may take a few years. The discovery rule allows plaintiffs to file a civil action after discovering the injury, and the two years begin to accrue as of the date of the discovery.

Minors

For most minors, the statute of limitations does not accrue while they are under 18 years of age.

Medical Malpractice

For most medical malpractice cases, the statute of limitations is two years. This applies to either the date of your injury or after you discover the injury. Hawaii has a statute of repose that applies to medical malpractice cases and extends the statute of limitations to six years.

Learn About Hawaii's Statutes of Limitations

You learn more about Hawaii's civil and criminal statutes of limitation below.

Hawaii Civil Statute of Limitations

• The civil statute of limitations, or time limits for filing various civil claims in the Aloha State, range from two to 10 years.

Hawaii Criminal Statute of Limitations

• A listing of the time limits imposed on Hawaii prosecutors for filing criminal charges against a suspect is called the criminal statute of limitations, which varies by the type of crime.

Issues With Statutes of Limitations in Hawaii? Get Legal Help From an Attorney

Statutes of limitation are a critical part of our justice system. If you miss a deadline, you may lose an opportunity for redress. Speaking with an attorney can help ensure that it never happens. They understand statutes of limitation and can help you accurately determine if you can file a timely lawsuit. Consider consulting with Hawaii personal injury attorney for a personal injury claim or a criminal defense lawyer if you're facing charges.