Hawaii Attorney Legal Blog

One of the first steps you should take before filing a lawsuit is to determine whether the Statute of Limitations has expired. A Statute of Limitations is the time period that you have to file a claim with the Court. Although every case is different, and you should always consult an attorney to determine the viability of your claim, a few of the recurring Statute of Limitations questions that we encounter in our cases include the following:

In Hawaii, the Statute of Limitations for a Breach of Contract case is six (6) years. The Statute states as follows:

The following actions shall be commenced within six years next after the cause of actions 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.

H.R.S. 657- 1.
The Statute of Limitations for most personal injury cases in Hawaii is two (2) years. Specifically, the Hawaii l
aw states as follows:

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 . . .

H.R.S. 657-7.

The Statute of Limitations for Unfair and Deceptive Trade Practices is generally four (4) years according to H.R.S. 480-24. Finally, the Statute of Limitations for fraudulent misrepresentation in Hawaii is six (6) years. H.R.S. § 657-1(4); Eastman v. McGowen, 86 Hawaii 21, 27 (1997).

For further guidance in determining which Statute of Limitations may be applicable to your specific case, refer to Hawaii Revised Statutes 657.

Labels: Civil Procedure and Trial Practice