Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 657

Haw. Rev. Stat. § 657-4

  Two years; libel and slander

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     §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
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Owens v. Okure (1989) scotus “§ 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 Defense Fund v. Paty (1992) haw · cites it 2× “, HRS § 657-4 (1985) (governing libel and slander); HRS § 657-7.”
Estate of Roxas v. Marcos (2009) haw · 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. University of Hawaii (2011) hid · cites it 2× “Smolla, Law of Defamation § 1:11, at 1-32 (2d ed.”
Char v. Matson Terminals, Inc. (1992) hid · 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 Condominiums (2002) haw · 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. (2004) hid · 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. Department of Prosecuting Attorney (2012) hid · 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 (1982) haw “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 and County of Honolulu (2023) hid · 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. County of Kauai (2023) hawapp · 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 (2022) hawapp · 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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