ยง668-3 - Complaint.
ยง668-3ย Complaint.ย The complaint shall
particularly describe the property sought to be partitioned, and shall set
forth the title and rights of all parties interested therein and the extent of
their respective interests, as far as known to the plaintiff.ย In case any
person or persons interested are unknown to the plaintiff so that they cannot
be named, or if the plaintiff does not know the share or quantity of interest
of any party, or if any share or interest is uncertain or contingent or
dependent upon some executory devise or provision, so that the same cannot be
stated by the plaintiff, the facts shall be stated in the complaint and, if
required by the rules of court, a supporting affidavit shall be furnished. [L
1923, c 178, ยง3; RL 1925, ยง2763; RL 1935, ยง4742; RL 1945, ยง12452; RL 1955,
ยง337-3; HRS ยง668-3; am L 1972, c 90, ยง11(c)]
Rules of Court
ย Unidentified defendants, see HRCP rule 17(d).ย Pleading under
the Hawaii Rules of Civil Procedure, see HRCP rules 8(a), (e), 10.
Case Notes
ย Cited:ย 33 H. 745, 762; 35 H. 262, 292.