Hawaii Revised Statutes

Haw. Rev. Stat. § 657-3 (2026)

3

✓ current as of July 2026

Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§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 (1980).

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1980–2025 · leading case: Pac. Concrete Fed. Credit Union v. Kauanoe, 614 P.2d 936 (Haw. 1980).

Sort: Relevance Newest Treatment

Pac. Concrete Fed. Credit Union v. Kauanoe, 614 P.2d 936 (Haw. 1980). · cites it 4× “And our own legislature has noted the distinction between recoupment and set-off as indicated in the legislative history to HRS § 657-3, 7 the section on “Counterclaims.”

Deutsche Bank Nat'l Trust Co. v. Winters. ICA mem. op., filed 05/19/2025. Motion for Reconsideration, filed 06/05/2025. ICA Order Denying Motion for Reconsideration, filed 07/11/2025 [ada]. ICA Order Granting Motion for Pub., filed 07/11/2025 [ada]. (Haw. App. 2025). · cites it 6× “HRS § 657-3 (2016) concerns counterclaims.”

Copeland v. PNC Bank, N.A. (D. Haw. 2019). · cites it 2× “Plaintiffs contend that HRS § 657-3’s twenty-year statute of limitations applies to actions to recover real property.”

Deutsche Bank Nat'l Trust Co. v. Winters (Haw. App. 2025). · cites it 2× “HRS § 657-3 (2016). Deutsche Bank argues that "counterclaims, as with all other claims, will relate back only if they arose out of a situation previously described in timely pleadings.”

— Haw. Rev. Stat. § 657-3(b)(2) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.