PART I. 
PERSONAL ACTIONS



 



§657-1  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. [CC 1859, §1036; am imp L 1907,
c 113, §1; am L 1913, c 19, §1; RL 1925, §2639; RL 1935, §3910; am L 1943, c
139, §1; RL 1945, §10421; RL 1955, §241-1; am L 1965, c 139, §1; HRS §657-1; am
L 1972, c 105, §1(a); am L 1978, c 109, §3]



 



Cross References



 



  Criminal prosecutions, see §701-108.



  Decedent's cause of action, see §560:3-109 and §560:3-802.



  Probate proceedings, see §560:3-108.



  Proceedings against trustees after final account, see
§560:7-307.



  See Uniform Commercial Code:  §490:2-725, four-year period of
limitation on actions for breach of contract for sale of goods, including
actions for breach of warranty; §490:6-111, six-month period of limitation on
actions or levies concerning bulk transfers.



 



Rules of Court



 



  Commencement of actions, see HRCP rule 3.



 



Attorney General Opinions



 



  Statute of limitations does not run against State in absence
of express provision including it.  Att. Gen. Op. 63-36.



 



Case Notes



 



  Six-year limitations period for contracts was considered
adequate time for union trust fund to bring action against employer.  823 F.2d
289.



  Applicable limitations period for actions brought under 42
U.S.C. 1983.  574 F. Supp. 1510; 749 F.2d 588.



  Paragraph (1)'s six-year limitation period applied to
employer's claim for breach of duty of loyalty.  338 F.3d 1082.



  Six-year statute of limitations governs federal securities
fraud claims brought pursuant to Rule 10b-5 of the Rules and Regulations of the
Securities Exchange Act of 1934 and claims brought under Hawaii's civil RICO
statute.  758 F. Supp. 1357.



  Statute of limitations in §294-36 [§431:10C-315's
predecessor] applied to underinsured motorist benefits claim, where defendant
asserted that appropriate statute of limitations was the statute of limitations
applicable to contract actions under this section.  847 F. Supp. 787.



  Where defendant contended that claim for breach of implied
covenant of good faith and fair dealing was barred by two-year statute of
limitations governing damage to persons and property (657-7), since
there is no element in the cause of action for bad faith that requires a
plaintiff to suffer personal injury, it is not in reality a cause of action based
upon a "personal injury", and the applicable statute of limitations
is six years and is found in the catchall provision of this section
(657-1(4)). 986 F. Supp. 1334.



  Magistrate's finding that paragraph (1) did not bar
defendant's breach of contract counterclaim due to its relation back under
federal rules of civil procedure rule 15(c) not clearly erroneous.  217 F.
Supp. 2d 1077.



  Count of complaint alleging breach of contract under the
second alleged agreement was barred by the statute of limitations; plaintiffs
had constructive knowledge of their cause of action arising out of the second
alleged agreement no later than 1996 and the doctrine of constructive notice
applied despite any fiduciary relationship that may have existed.  Portions of
the counts sounding in fraud that related to the second alleged agreement were
barred by the statute of limitations.  360 F. Supp. 2d 1122.



  Some of plaintiff's claims for additional minimum rent and
percentage rent were time-barred by paragraph (1), where the court found that
under Hawaii law, a cause of action for rent accrues upon the due date of each
rental payment.  515 F. Supp. 2d 1141.



  Claims against sovereign:  Statute does not run on claim
against sovereign who cannot be sued.  3 H. 483.  When suit permitted against
sovereign must be brought within time limited. 11 H. 404.



  Miscellaneous:  Merchants' accounts not exempt.  2 H. 730.
Concerning promissory notes.  4 H. 358; 19 H. 553; 23 H. 328. Promise to pay
note of another.  17 H. 32.  Partners' accounts. 6 H. 162.  Assumption of
partnership debts on dissolution.  8 H. 439.  Effect of statute, consideration
of in connection with allowance of amendments of pleadings.  9 H. 543; 16 H.
485; 30 H. 132, 145.  Guardian and ward.  20 H. 378.  Without demand statute
does not run in favor of fiduciary agent until death of one party.  19 H. 359. 
Use and occupation by cotenant.  10 H. 662.  Foreclosure of mortgage not barred
though statute has run against note.  20 H. 620.  Statute commences on breach
of covenant of quiet enjoyment in lease.  23 H. 349, 354.  Implied covenant. 
41 H. 124.  On a continuing contract, statute commences not with first breach
or failure, but when plaintiff elects to disaffirm contract.  23 H. 739. 
Contract to cultivate land.  29 H. 579.  Computation of period.  29 H. 579. 
Revival by statute of barred claim.  33 H. 379.



  New promise:  Part payment as new promise.  9 H. 272; 11 H.
706; 24 H. 216.  In order to remove bar must be express promise or admission of
debt which party is liable to pay.  18 H. 569; 23 H. 696.  Acknowledgment and
new promise.  21 H. 167.  Payment by one joint and several obligor without
knowledge of others start statute anew against all.  22 H. 140.  Interest
payment by maker without knowledge of guarantor does not start statute anew
against guarantor.  28 H. 275.



  Effect of new promise on limitation period.  57 H. 429, 558
P.2d 479.



  A new promise by debtor to pay debt, whether then barred by
applicable statute of limitations or not, binds debtor for new period.  2 H.
App. 383, 633 P.2d 550.



  Exceptions:  Statute does not run between death of intestate
and appointment of administrator.  3 H. 367; see 3 H. 483. Although statute has
run, equity may decree repayment.  4 H. 593.  Continuing express trust in
personalty not within the statute.  5 H. 497.  Claims of Territory for taxes
not barred. 21 H. 597; 18 H. 252.  Statute tolled by disability of infancy,
when.  20 H. 170.  This section does not apply to injuries to land.  20 H.
237.  Statute does not begin to run against district court judgment pending
judgment on appeal.  20 H. 370. Parties may stipulate as to time for action and
if reasonable statute does not apply.  23 H. 160, 163.  Ordinarily defense of
laches will be applied by analogy to the statute of limitations. 9 H. 571; 44
H. 297, 300, 353 P.2d 820.  See 32 H. 936, aff'd 75 F.2d 74.  Defense of
statute may be waived.  9 H. 566; 20 H. 4; 22 H. 655.  On default court will
not exercise for defendant the privilege of the statute.  22 H. 721.  Defense
of statute of limitations is personal to defendant; creditor may not invoke
statute to cut off prior garnishment based on judgment more than six years
old.  50 H. 273, 439 P.2d 217.



  Account stated, nature of.  51 H. 451, 462 P.2d 476.



  Under HRCP 15(c), claim asserted in amended pleadings after
statute has run will not be barred if it arose out of a timely pleaded factual
situation.  52 H. 563, 481 P.2d 310.



  Waiver of statute; where one lulls another as by a
stipulation into allowing the statute to run out, one cannot assert the statute
as a bar.  52 H. 563, 481 P.2d 310.



  Claims for legal malpractice governed by par. (1).  55 H.
167, 517 P.2d 1.



  Claim based on fraudulent representations or negligent
representations is governed by clause (4).  63 H. 210, 620 P.2d 173.



  Claim based on express warranty is in contract and is
governed by clause (1); breach of express warranty occurs when.  63 H. 210, 626
P.2d 173.



  Not applicable limitations period for arbitration of disputes
under no-fault policy.  68 H. 117, 706 P.2d 16.



  Section inapplicable to action seeking enforcement of
promissory note which had merged into divorce decree.  73 H. 566, 836 P.2d
1081.



  Two-year statute of limitations of §657-7 governs actions
brought under 42 U.S.C. §1983 rather than six-year "catchall"
limitations period of paragraph (4).  73 H. 578, 837 P.2d 1247.



  Where fraudulent misrepresentation action was governed by
general limitations period of six years under paragraph (4) and complaint was
filed six years four months after death of person making alleged
misrepresentation, summary judgment properly granted.  86 H. 21, 946 P.2d 1317.



  The statute of limitations in a legal malpractice claim is
governed by paragraph (1), the accrual of which is determined by application of
the discovery rule.  95 H. 247, 21 P.3d 452.



  Cited:  3 H. 21, 24; 3 H. 614; 9 H. 121; 10 H. 249, 251; 10
H. 614, 620; 11 H. 100; 19 H. 511, 513; 20 H. 433, 443; 22 H. 174, 181; 22 H.
357, 362; 25 H. 483; 28 H. 519, 524; 29 H. 376, 389; 33 H. 795, 796; 36 H. 530;
43 H. 17, 18; 190 F.2d 155, 159; 198 F. Supp. 78, 90; 256 F. Supp. 204, 214.



  Mentioned:  11 F. Supp. 2d 1204.