Hawaii Revised Statutes

Haw. Rev. Stat. § 657-22 (2025)

  When process not commencement

✓ laws through the 2025 session: the 2026 session is not included
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     §657-22  When process not commencement.  Upon any such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, the process shall not be deemed the commencement of an action within the meaning of this part or section 663-3. [CC 1859, §1045; RL 1925, §2656; RL 1935, §3927; RL 1945, §10438; RL 1955, §241-21; HRS §657-22; am L 1972, c 105, §1(n)]

 

Case Notes

 

  Where plaintiffs never had original complaint, the only complaint filed within limitations period, served on defendant and had only the first amended complaint served, despite the fact that original complaint was never served, actions by plaintiffs evidenced both an intent to serve original complaint as well as a continuing intent to pursue their cause of action.  848 F. Supp. 1482 (1993).

 

 

Notes of Decisions
Cited in 6 cases, 1987–2017 · leading case: Eto v. Muranaka, 57 P.3d 413 (Haw. 2002).
Eto v. Muranaka, 57 P.3d 413 (Haw. 2002). · cites it 10× “The federal district court interpreted HRS § 657-22 as “not requir[ing] a plaintiff to actually serve the defendant or to exercise due diligence.”
Heiser v. Ass'n of Apt. Owners of Polo Beach Club, 848 F. Supp. 1482 (D. Haw. 1993). · cites it 14× “The State of Hawaii has legislated that actions in tort “shall be instituted within two years after the cause of action accrued.”
Russell v. Attco, Inc., 923 P.2d 403 (Haw. 1996). · cites it 3× “HRS § 657-22 (1993) provides: When process not commencement.”
Tobosa v. Owens, 741 P.2d 1280 (Haw. 1987). “(2) Subject to HRS section 657-22, the person intended shall thereupon be considered a party defendant to the action, as having notice of the institution of the action against him, and as sufficiently described for all purposes, including services of process, and the action…”
Nam Soon Jeon v. 445 Seaside, Inc., 288 F.R.D. 492 (D. Haw. 2013). “(2) Subject to HRS section 657-22, the person intended shall thereupon be considered a party defendant to the action, as having notice of the institution of the action against that person, and as sufficiently described for all purposes, including services of process, and the…”
Peak Capital Grp., LLC v. Perez., 407 P.3d 116 (Haw. 2017). “(2) Subject to HRS section 657-22, the person intended shall thereupon be considered a party defendant to the action, as having notice of the institution of the action against that person, and as sufficiently described for all purposes, including services of process, and the…”
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