§669-2  Defendants; unknown persons. 
(a)  Any person may be made a defendant in the action who has or claims, or may
claim, an interest in the property adverse to the plaintiff, or who is a
necessary party to a complete determination or settlement of the issues
involved therein.



(b)  Unknown persons may be made parties as
provided by the rules of court, if:



(1)  It shall be shown by the complaint that there are
or may be persons unknown, claiming by, through, or under any named person; or



(2)  Other facts shall be shown by the complaint
giving rise to an actual controversy between plaintiff and persons unidentified
or whose names are unknown.



(c)  In any action brought under section
669-1(b):



(1)  There shall be joined as defendants, in addition
to persons known to have an adverse interest, the adjoining owners and
occupants so far as known.



(2)  If all persons interested who are known or can be
joined as provided by subsection (b) have been made parties, the summons in
addition to being directed to such parties, may be directed to unknown persons
generally and in such case, after service upon the persons summoned, known and
unknown, the court shall have jurisdiction to proceed as though all persons
interested were in being and personally served, but any adjudication shall, as
regards a defendant served pursuant to section 669-3, affect only the property
which is the subject of the action except as provided by section 634-23.



(d)  In any action brought under section 669-1,
the State may be joined as a defendant only when:



(1)  It is an adjoining property owner and the same is
alleged by the plaintiff; or



(2)  The party asserting the claim can demonstrate, by
a title search prepared at the party's own expense by an abstractor, that the
State has a clear and specific interest in the subject matter of the suit which
is adverse to the plaintiff's claim, and a copy of the title search is
furnished to the State without cost, together with the complaint.



(e)  In any action brought under section 669-1,
the office of Hawaiian affairs shall be joined as a defendant, by service upon
the office of Hawaiian affairs, when:



(1)  The land claimed by the plaintiff is kuleana
land; and



(2)  The plaintiff has reason to believe that an owner
of an inheritable interest in the kuleana land died intestate or died partially
intestate and there is or was no taker under article II of the Hawaii uniform
probate code.



For purposes of this subsection, "kuleana
land" means that land granted to native tenants pursuant to L 1850, p.
202, entitled "An Act Confirming Certain Resolutions of the King and Privy
Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common
People Allodial Titles for Their Own Lands and House Lots, and Certain Other
Privileges", as originally enacted and as amended. [L 1890, c 18, §2; RL
1925, §2758; RL 1935, §4391; RL 1945, §10452; am L Sp 1949, c 46, §1(b); RL
1955, §242-2; HRS §669-2; am L 1972, c 90, §12(b); am L 1977, c 154, §1; gen ch
1985; am L 1987, c 283, §63; am L 1991, c 177, §2]



 



Case Notes



 



Prior to Hawaii Rules of Civil Procedure.



  Not essential to make parties all persons who claim
interest.  10 H. 507.  All necessary parties may be defendants and have jury
trial.  28 H. 1.  See also, 4 H. 131.  Cross-complaint against codefendants is
doubtful pleading where defendant sets up defendant's own title and fails to
ask affirmative relief against them.  25 H. 246, 250.



  Cited:  32 H. 323, 324.