§657-4 Two years; libel and slander.
All actions for libel or slander shall be commenced within two years after the
cause of action accrued, and not after. [CC 1859, §1037; am imp L 1907, c 113,
§1; am L 1913, c 19, §1; RL 1925, §2642; RL 1935, §3913; RL 1945, §10424; RL
1955, §241-4; am L 1965, c 139, §2; HRS §657-4]
Case Notes
Portions of plaintiff's defamation claim based on defendant's
2007 report and alleged 2007 statements were time-barred, where plaintiff filed
the action in 2010. 892 F. Supp. 2d 1245 (2012).
Plaintiff, a former state employee, alleged slander against
one of the state defendants. Although plaintiff appeared to conclude that the
continuing violation doctrine made plaintiff's claims actionable, the court
found that plaintiff failed to allege that the claims fell within the two-year
limitations period. 430 F. Supp. 3d 655 (2020).
Claim for defamation accrues when defamee discovers or
reasonably should have discovered publication. 65 H. 478, 653 P.2d 1155
(1982).
Distinguished from "general" personal injury
statute of limitations of §657-7. 73 H. 578, 837 P.2d 1247 (1992).
Cited: 42 H. 177, 179 (1957).
Mentioned: 817 F. Supp. 850 (1992).
Notes of Decisions
Cited in
16
cases (
7 in the last 5 years), 1982–2023 · leading case:
Owens v. Okure, 488 U.S. 235 (1989).
Owens v. Okure, 488 U.S. 235 (1989).
“§ 9-3-33 (1982) (one year for injury to reputation; two years for injury to the person; four years for injury to the person involving a loss of consortium); Haw. Rev. Stat. § 657-4 (1985) (two years for libel or slander); Haw.”
Pele Def. Fund v. Paty, 837 P.2d 1247 (Haw. 1992).
· cites it 2× “, HRS § 657-4 (1985) (governing libel and slander); HRS § 657-7.”
Est. of Roxas v. Marcos, 214 P.3d 598 (Haw. 2009).
· cites it 2× “” See HRS § 657-1(1) (1993) (relating to, among other things, actions to recover debt “founded upon any contract, obligation, or liability”); HRS § 657-4 (1993) (relating to libel or slander); HRS § 657-6 (1993) (relating to causes arising in foreign jurisdictions); HRS § 657-7…”
McNally v. Univ. of Hawaii, 780 F. Supp. 2d 1037 (D. Haw. 2011).
· cites it 2× “Smolla, Law of Defamation § 1:11, at 1-32 (2d ed.”
Char v. Matson Terminals, Inc., 817 F. Supp. 850 (D. Haw. 1992).
· cites it 3× “HRS § 657-4 provides that “[a]ll actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after.”
Bauernfiend v. AOAO Kihei Beach Condos., 54 P.3d 452 (Haw. 2002).
· cites it 2× “Defamation actions are governed by HRS § 657-4 (1993), which provides that "[a]ll actions for libel or slander shall be commenced within two years after lire cause of action accrued, and not after.”
Nagata v. Quest Diagnostics Inc., 303 F. Supp. 2d 1121 (D. Haw. 2004).
· cites it 2× “The court also found that Plaintiffs defamation claim was barred by the statute of limitations set forth in HRS § 657-4. June 5 Order, at 14. The court determined that Plaintiffs IIED claim arose out of Defendant’s alleged intentional withholding of information from Plaintiff…”
Kosegarten v. Dep't of Prosecuting Attorney, 892 F. Supp. 2d 1245 (D. Haw. 2012).
· cites it 2× “Plaintiff filed the instant action on June 4, 2010. The Second Amended Complaint alleges that Defendant Tate made various statements “in an effort to aid and abet Defendant Acob and Defendant County to create .”
Hoke v. Paul, 653 P.2d 1155 (Haw. 1982).
“The Statute of Limitations Defamation actions are governed by § 657-4, HRS, which provides, All actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after.”
Dural v. City & Cnty. of Honolulu (D. Haw. 2023).
· cites it 9× “Defamation, defamation per se, and false light are also barred for Plaintiff’s failure to file his complaint within the two-year 33 statute of limitations set forth in Haw. Rev. Stat. § 657-4 . Gilliam, 511 P.”
Shibuya v. Cnty. of Kauai, 523 P.3d 1077 (Haw. App. 2023).
· cites it 6× “Appellees argue that Shibuya's defamation claim is time barred pursuant to HRS § 657-4 (2016), which governs defamation 10 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER actions and which provides, "[a]ll actions for libel or slander shall be commenced within…”
Gilliam v. Elliot (Haw. App. 2022).
· cites it 4× “" 3 HRS § 657-4 (2016) states: "All actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after.”
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