§657-3  Counterclaim.  (a)  In
the cases enumerated in subsection (b), all the provisions of this part, or any
other statute of limitations, shall apply to a claim stated as a counterclaim
against an opposing party in the same manner as if an action thereon had been
commenced at the time when the opposing party commenced the opposing party's
action or served the pleading stating the opposing party's claim, or if a
different time is applicable to the opposing party's claim under the provisions
of this section then at that time.



(b)  Subsection (a) shall apply if the claim
stated as a counterclaim:



(1)  Consists of a liquidated debt or demand, or a
debt or demand capable of being ascertained by calculation; or



(2)  Arises out of the transaction or occurrence that
is the subject matter of the opposing party's claim.



(c)  Within the meaning of this section a
counterclaim includes a claim asserted against the plaintiff by a third-party
defendant and in that situation the plaintiff is deemed an opposing party. [CC
1859, §1050; RL 1925, §2641; RL 1935, §3912; RL 1945, §10423; RL 1955, §241-3;
HRS §657-3; am L 1972, c 186, §1; gen ch 1985]



 



Rules of Court



 



  Counterclaims and cross claims, see HRCP rule 13.



 



Case Notes



 



  Cited in discussion of distinction between "set-off"
and "recoupment".  62 H. 334, 614 P.2d 936.