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What Is the Statute of Limitations in Hawaii?
Statutes of limitations establish time limits from the time of an event within which a person can take legal action in association with such an event. They exist for both civil and criminal cases, although they vary based on case type and the action(s) involved. If a case is filed after the permissible time limit, such a case may be dismissed.
Statutes of limitations exist to ensure that cases go to trial while eyewitness testimony and physical evidence are still available and reliable, as evidence can deteriorate or disappear over time, thereby preserving the integrity and efficiency of any ensuing legal action.
How Long Is the Statute of Limitations in Hawaii?
The length of statutes of limitations varies for different cases. Whereas there are no statutes of limitations for certain cases, they set time limits for filing lawsuits in Hawaii, depending on the case. Once the statute of limitations applicable to a particular case has passed, the involved parties, including prosecutors, forfeit the right to initiate any legal proceedings on such a case.
For instance, Hawaii has a two-year statute of limitations for personal injury cases. This means that an involved person must file a personal injury lawsuit within two years from the date of the incident or forfeit the right to initiate any legal action upon the expiration of two years.
While the statute of limitations for most civil cases is within 2 years, criminal cases, especially felonies, typically have longer time limits that may run indefinitely. See the table below for statutes of limitations for various case types:
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 1 to 2 years | Most misdemeanors and parking violations have 2 years, while petty misdemeanors have 1 year. |
| Felonies | 3 to 10 years | Most crimes against minors have no statute of limitation. For some felonies, the statute of limitation can be extended |
| Civil Statutes | 2 to 6 years | Judgments from a court of record within Hawaii have 10 years statute of limitations while those from outside Hawaii are 6 years. |
What Crimes Have No Statute of Limitations in Hawaii
To ensure that victims of certain severe crimes get justice, there are no statutes of limitations on certain cases. This creates an open window for victims and prosecutors to file a case or complaint at any time, regardless of the number of years that have passed since an incident occurred.
In some cases where there are statutes of limitations, such statutes may toll under certain circumstances, or provisions under the law may allow an extension of the deadline. Notable crimes with no statute of limitations in Hawaii include:
- First-degree murder
- Second-degree attempted murder
- Sexual assault in the first and second degrees
- Criminal conspiracy to commit murder in any degree
- Criminal solicitation to commit murder
- Continuous sexual assault of a child under age 14
Criminal Statute of Limitations in Hawaii
Criminal statutes of limitations in Hawaii differ for different crimes based on the offense being prosecuted. Per Hawaii Penal Code (Hawaii Revised Statutes (HRS) § 701-108), there is a 2-year statute of limitations for parking violations and misdemeanors, and a 6-year statute of limitations for Class A felonies. This aims at ensuring that trials are conducted at a time when fingerprints, DNA information, bullet casings, or other evidence are still intact.
Consequently, prosecutors must file all cases in line with the applicable statute of limitations, or they risk their case being thrown out if the court discovers that the statute of limitations for the case in question has elapsed. To balance the need for fair trials with the severity of a case, some statutes are longer, while some are indefinite. Indefinite statutes of limitations mean that there is none for such crimes, making it permissible for such cases to be prosecuted at any time.
In addition, a statute of limitations ceases to run (or tolls) if the defendant is absent from the state or the crime was a felony offense under part V or VI of chapter 707, pending when the victim turns age 18. If DNA evidence, tested before the expiration of the statute of limitations, helps establish the identity of the offender, the statute of limitations can be extended up to 10 years.
The table below highlights some criminal statute of limitations in Hawaii:
| Offense | Statute of Limitations |
|---|---|
| Misdemeanors | 2 years |
| Parking violations | 2 years |
| Petty misdemeanors | 1 year |
| Class A felonies | 6 years |
| Manslaughter where death was not caused by operating a vehicle | 10 years |
| First or second degree murder Attempted murder First and second degree attempted murder Criminal conspiracy to commit murder Sexual assault in the first and second degree Felonies against a child | none |
Is There a Statute of Limitations on Attempted Murder?
No. Under HRS §701-108, there are no statutes of limitations for attempted murder in Hawaii, including first and second-degree attempted murder. Similarly, murder, criminal solicitation to commit murder, and criminal conspiracy to commit murder have no statute of limitation under Hawaii law.
Statute of Limitations on Sexual Assault in Hawaii
Sexual assault crimes are classified distinctly based on the degree, each having separate statutes of limitations. Also, note that sexual crimes carry greater weight if the victim is a child. The table below provides a highlight of various sexual assault offenses and their statutes of limitations as provided under HRS § 701.108(1):
| Offense | Classification | Statute of Limitations |
|---|---|---|
| Sex trafficking | Class A felony | None |
| First degree sexual assault | Class A felony | None |
| Second degree sexual assault | Class B felony | None |
| Third degree sexual assault | Class C felony | 3 years |
| Fourth degree sexual assault | Misdemeanor | 2 years |
| Continuous sexual assault against a minor | Class A felony | None |
| Indecent exposure | Petty misdemeanor | 1 year |
| Incest | Class C felony | 3 years |
If the victim is a minor and a statute of limitations is set for the crime in question, the time limit tolls until the victim turns 18. In addition, for felonies where DNA evidence leads to the identification of the offender while the statute of limitations is still running, the time limit may be extended up to 10 years.
Civil Statute of Limitations in Hawaii
Civil statutes of limitations impose deadlines for filing civil lawsuits or claims. Unlike criminal statutes of limitations, civil lawsuit deadlines in Hawaii typically begin to accrue when the plaintiff discovers the injury or damage. This discovery rule also provides grounds for extension of civil statutes of limitations in Hawaii in cases like medical malpractice because years may pass before the plaintiff discovers an underlying injury.
Aside from tolling on the grounds of discovery, civil statutes of limitations may toll as long as the plaintiff is under 18. The table below summarizes how long case parties have to sue in Hawaii:
| Case | Statute of Limitations | Notes |
|---|---|---|
| Fraud | 2 years | H.R.S. § 657-7 |
| Libel | 2 years | H.R.S. § 657-4 |
| Personal injury | 2 years | H.R.S. § 657-7 |
| Tresspass | 2 years | H.R.S. § 657-7 |
| Injury to personal property | 2 years | H.R.S. § 657-7 |
| Legal malpractice | 2 years | May extend to 6 years (H.R.S. § 657-7.3) |
| Medical malpractice | 2 years | May extend to 6 years (H.R.S. § 657-7.3) |
| Contracts (written/oral) | 6 years | H.R.S. § 657-1 |
| Collection rents | 6 years | H.R.S. § 657-1 |
| Collection of debt on account | 6 years | H.R.S. § 657-1 |
| Judgments | 6-10 years | H.R.S. § 657-1 |
Statute of Limitations for Medical Malpractice in Hawaii
Medical malpractice statutes of limitations in Hawaii begin to accrue from the date the injury is discovered by the plaintiff; rarely when the malpractice occurred. This is also known as the discovery rule. The standard malpractice claim deadline in Hawaii is 2 years from reasonable discovery, extendable to 6 years (H.R.S. § 657-1). If the plaintiff is a minor, the statute of limitation is 6 years and may toll until the minor’s tenth birthday. Acts that may constitute medical malpractice include:
- Professional negligence
- Rendering professional services without the plaintiff’s consent
- Error or omission during medical practice or procedure
Statute of Limitations for Debt in Hawaii
The debt statute of limitation in Hawaii is 6 years. This limit applies to both open accounts, written and oral contracts, credit card accounts, and loans that do not fall within the ambit of the Uniform Commercial Code. If a judgment has been issued to enforce the settlement of the debt, the statute of limitations is 10 years.
The statute of limitation starts from the date the debt becomes due or the date of the last payment. Also, note that partial payments or any other action that acknowledges the debt, such as a written note, restarts the statute of limitations clock. While the time limit may be used to void legal actions initiated after the deadline’s expiration, the debt still remains and the creditor may resort to other non-legal means to recover the amount.
Statute of Limitations for Child Abuse and Child Support in Hawaii
There are no statutes of limitations on first/second degree sexual assault or continued assault on an under-14 victim. For non-sexual child abuse, the statutes of limitations range from 1 to 6 years, depending on the classification of the offense: 1-2 years for petty offenses/misdemeanors and 3-5 years for most felonies.
The civil statute of limitations for abuse that occurs after July 1, 2024 is 32 years from the victim's eighteenth birthday. For abuse that occurs before July 1, 2024, the statute of limitations is 8 years from the victim's eighteenth birthday. If the accused is constantly absent from the state or cannot be located, the statute clock may toll for up to 4 years.
While child support payments end after the child reaches 18 years, arrears can be enforced until the child turns 33 or 10 years after a court judgment is entered. If paternity establishment is required, there is a 3-year window after the child turns 18.