§668-4  Pleadings; substitution of heirs in
case of death.  Each party shall allege the source or derivation and
devolution of the party's title, right, interest, or claim.  The answers of the
defendants shall state, among other things, the precise nature and extent of
their respective interests or claims.



If any suggestion of death of any party is made
to the court, the court shall upon ascertainment of the identity of the heirs
or devisees of the decedent, order them joined as parties as provided by the
rules of court. [L 1923, c 178, §4; RL 1925, §2764; RL 1935, §4743; RL 1945,
§12453; RL 1955, §337-4; HRS §668-4; am L 1972, c 90, §11(d); gen ch 1985]



 



Cross References



 



  Abatement and revival, see chapter 634, pt V.



 



Rules of Court



 



  Substitution of parties, see HRCP rule 25.



 



Case Notes



 



  After issue framed by amended petition and answer, petition
should not be dismissed without hearing on merits.  41 H. 504 (prior to
adoption of Hawaii Rules of Civil Procedure).