[§634-35]  Acts submitting to jurisdiction. 
(a)  Any person, whether or not a citizen or resident of this State, who in
person or through an agent does any of the acts hereinafter enumerated, thereby
submits such person, and, if an individual, the person's personal
representative, to the jurisdiction of the courts of this State as to any cause
of action arising from the doing of any of the acts:



(1)  The transaction of any business within this
State;



(2)  The commission of a tortious act within this
State;



(3)  The ownership, use, or possession of any real
estate situated in this State;



(4)  Contracting to insure any person, property, or
risk located within this State at the time of contracting.



(b)  Service of process upon any person who is
subject to the jurisdiction of the courts of this State, as provided in this
section, may be made as provided by section 634-36, if the person cannot be
found in the State, with the same force and effect as though summons had been
personally served within this State.



(c)  Only causes of action arising from acts
enumerated herein may be asserted against a defendant in an action in which
jurisdiction over the defendant is based upon this section.



(d)  Nothing herein contained limits or affects
the right to serve any process in any other manner now or hereafter provided by
law. [L 1965, c 134, §1; Supp, §230-41.5; HRS §634-71; am L 1972, c 89, §2A(n);
ren HRS §634-35; gen ch 1985]



 



Rules of Court



 



  See HRCP rule 4.



 



Law Journals and Reviews



 



  Jurisdiction Under Hawaii's New "Long Arm"
Statute.  4 HBJ, Feb 1966, at 4.



  Products Liability in Hawaii.  14 HBJ 127.



 



Case Notes



 



  Negligent manufacture outside the State, resulting in injury
in the State, constituted "commission of tortious act within the
State."  417 F.2d 231.



  Requirement of minimum contact to satisfy due process
discussed in holding manufacturer in England subject to state jurisdiction. 
417 F.2d 231.



  Prerequisites of minimum contacts to satisfy due process
discussed.  54 H. 597, 513 P.2d 165.



  Minimum contact requirement held not met in a medical
malpractice action.  56 H. 306, 536 P.2d 568.



  Tort is "committed in this State" when the injury
occurs in this State.  56 H. 306, 536 P.2d 568.



  Under both the "transacting business" and
"tortious act" clauses of this section, the cause of action must
relate to the defendant's contacts in the State.  558 F.2d 948.



  Does not express "strong policy" that insurance
cases must be tried in state despite contrary insurance contract clause.  738
F.2d 1455.



  Definition of term "doing or carrying on business"
in Hawaii statute relating to foreign corporations and filing does not restrict
or limit definition or scope of term "transaction of business" in
statute.  253 F. Supp. 588.



  Sufficiency of contact with State for application of
statute.  290 F. Supp. 848.



  Facts held sufficient to constitute transaction of business
in State.  59 H. 189, 579 P.2d 99.



  Establishment of contractual relationship through the mail;
"transaction of business"; minimum contact.  61 H. 644, 608 P.2d 394.



  Expands jurisdiction of Hawaii's courts to extent permitted
by due process clause of the fourteenth amendment.  61 H. 644, 608 P.2d 394.



  Plaintiff had not demonstrated that defendant was
"transacting business" in Hawai`i; plaintiff sufficiently alleged a
prima facie case that defendant committed a "tortious act within this
State" for purposes of subsection (a)(2); plaintiff sufficiently alleged a
tortious breach of contract to satisfy demands of due process.  76 H. 323, 876
P.2d 1291.



  Defendant California theme park's advertising in a national
magazine and on an internet website was not "the transaction of any
business within this State"; also, where plaintiff's injury occurred on a
roller coaster ride in defendant's California theme park, the alleged tortious
acts occurred in California; thus, trial court lacked personal jurisdiction
over defendants under this section.  102 H. 203, 74 P.3d 26.