Hawaii Statute of Limitations: Filing Deadlines by Case Type

What Is the Statute of Limitations in Hawaii?

The statute of limitations in Hawaii is a legal deadline that determines how long you have to file a lawsuit or criminal charges. If you miss the deadline, you generally lose the right to bring that case to court. These time limits exist because evidence grows stale over time. Witnesses move away or forget details, and physical evidence deteriorates.

Hawaii sets different deadlines depending on the type of case. Civil cases (lawsuits between private parties) typically follow the time limits found in HRS Chapter 657. Criminal cases follow HRS 701-108.

The clock usually starts ticking on the date the injury, damage, or offense occurs. However, Hawaii recognizes a "discovery rule" for certain claims. Under this rule, the deadline does not begin until the injured party discovers, or reasonably should have discovered, the harm and its cause.

Hawaii Civil Statute of Limitations

Hawaii's civil statute of limitations sets deadlines for filing lawsuits and other civil actions. These limits range from two to ten years depending on the type of case. If you fail to file before the deadline expires, the opposing party can raise the statute of limitations as a defense and ask the court to dismiss your case.

Civil Filing Deadlines by Case Type

Case Type	Time Limit	Statute
Personal Injury	2 years	HRS 657-7
Property Damage	2 years	HRS 657-7
Libel / Slander (Defamation)	2 years	HRS 657-4
Fraud	6 years	HRS 657-1(4)
Trespass	2 years	HRS 657-7
Written Contracts	6 years	HRS 657-1(1)
Oral Contracts	6 years	HRS 657-1(1)
Debt Collection	6 years	HRS 657-1(1)
Collection of Rents	6 years	HRS 657-1(2)
Medical Malpractice	2 years from discovery; 6 years maximum	HRS 657-7.3
Wrongful Death	2 years from date of death	HRS 663-3
Construction Defects	2 years from discovery; 10 years maximum from completion	HRS 657-8
Claims Against the State	2 years	HRS 662-4
Claims Against a County	2 years (written notice required)	HRS 46-72
Judgment Enforcement	10 years (extendable up to 20 years total)	HRS 657-5

Personal Injury and Property Damage (2 Years)

Under HRS 657-7, actions for damage or injury to persons or property must be filed within two years after the cause of action accrues. This covers car accidents, slip and fall injuries, product liability, and similar personal injury claims.

The two-year clock starts on the date the injury occurs. Hawaii courts calculate this period by excluding the first day (the day the injury happens) and including the last day two years later.

Contracts and Debt Collection (6 Years)

Hawaii gives you six years to file a lawsuit for breach of contract, whether the contract was written or oral. This same six-year period applies to debt collection actions and claims for unpaid rent under HRS 657-1.

The six-year limit also serves as a catchall for "personal actions of any nature whatsoever not specifically covered by the laws of the State." If your claim does not fit neatly into another category, the six-year deadline likely applies.

Medical Malpractice (2 Years from Discovery, 6 Years Maximum)

Medical malpractice claims in Hawaii follow a special rule under HRS 657-7.3. You must file within two years of discovering (or when you reasonably should have discovered) all three of the following: the injury, the violation of the standard of care, and the connection between the two.

However, no medical malpractice claim may be brought more than six years after the date the medical tort actually occurred. This six-year outer limit applies regardless of when the injury was discovered.

Wrongful Death (2 Years)

Under HRS 663-3, a wrongful death action must be brought within two years of the date of death. Surviving spouses, children, parents, or a personal representative may file on behalf of the deceased.

Construction Defects (2 Years / 10 Years Maximum)

Claims for property damage, bodily injury, or wrongful death arising from deficiencies in the planning, design, construction, or supervision of a real property improvement must be brought within two years of discovery under HRS 657-8. An absolute ten-year statute of repose applies from the date of substantial completion of the improvement.

Claims Against Government Entities

If you need to sue the State of Hawaii for a tort (like negligence), you have two years under the State Tort Liability Act (HRS 662-4).

For claims against a county, you must provide written notice within two years of the injury under HRS 46-72. The notice must include when, where, and how the injury occurred, the extent of injuries, and the amount claimed. This notice must go to the person identified in the county charter, or if none is specified, to the chairperson of the county council or county clerk.

Judgment Enforcement (10 Years)

Under HRS 657-5, a court judgment can be enforced for ten years from the date it was rendered. You may request an extension within that ten-year window, but no judgment can be extended beyond twenty years from the original date.

Hawaii Criminal Statute of Limitations

Hawaii's criminal statute of limitations sets deadlines for prosecutors to file criminal charges. These limits are found in HRS 701-108. As with most states, Hawaii does not set any time limit on the most serious crimes.

Crimes With No Statute of Limitations

The following crimes may be prosecuted at any time in Hawaii:

• Murder in the first or second degree
• Attempted murder in the first or second degree
• Criminal conspiracy to commit murder in any degree
• Criminal solicitation to commit murder in any degree
• Sexual assault in the first or second degree
• Sex trafficking
• Continuous sexual assault of a minor under the age of 14

Criminal Filing Deadlines by Offense Type

Offense Type	Time Limit	Statute
Murder, attempted murder, conspiracy/solicitation to commit murder	No limit	HRS 701-108(2)(a)
Sexual assault (1st and 2nd degree), sex trafficking	No limit	HRS 701-108(2)(a)
Continuous sexual assault of a minor under 14	No limit	HRS 701-108(2)(a)
Manslaughter (not involving motor vehicle death)	10 years	HRS 701-108(2)(b)
Class A felonies	6 years	HRS 701-108(2)(c)
Felonies under Part IX of Chapter 708 (property offenses)	5 years	HRS 701-108(2)(d)
Other felonies	3 years	HRS 701-108(2)(e)
Misdemeanors and parking violations	2 years	HRS 701-108(2)(f)
Petty misdemeanors and non-parking violations	1 year	HRS 701-108(2)(g)

Extensions for Fraud and Public Office Misconduct

Hawaii law allows the criminal statute of limitations to be extended in certain circumstances under HRS 701-108(3):

Fraud or breach of fiduciary obligation. If fraud, deception, or breach of fiduciary obligation is an element of the offense, prosecution may be brought within three years of discovery, with the total extension capped at six years beyond the original deadline.

Misconduct in public office. If the offense involves misconduct while holding public office, prosecution may be brought within two years of discovery, with the total extension capped at three years beyond the original deadline.

DNA evidence. For any felony where DNA evidence from the offender is available, the statute of limitations may be extended by up to ten additional years, as long as the DNA testing is completed before the original deadline expires.

Tolling (Pausing) the Criminal Statute of Limitations

Under HRS 701-108(4), the clock stops running in these situations:

• The defendant is absent from the state or has no identifiable residence or workplace in Hawaii (maximum four-year extension)
• A prosecution is already pending for the same conduct
• For felony offenses under Part V or VI of Chapter 707 (sex offenses and offenses against the family), the clock is paused while the victim is alive and under 18 years old

Sexual Abuse Claims: Special Rules and Revival Window

Hawaii has enacted important changes to the statute of limitations for sexual abuse cases, particularly for survivors of childhood sexual abuse.

Childhood Sexual Abuse

Under HRS 657-1.8, civil claims based on childhood sexual abuse may be filed:

• Up to eight years after the survivor's 18th birthday, or
• Within three years of discovering that a psychological injury was caused by the abuse, whichever is later

For abuse occurring on or after July 1, 2024, survivors have up to 32 years after their 18th birthday to file a civil claim, or five years after discovering a psychological illness was caused by the abuse.

Adult Survivor Revival Window (July 2024 through June 2026)

Hawaii opened a two-year revival window from July 1, 2024, through June 30, 2026. During this period, adults who were sexually abused after June 30, 2012, may file civil lawsuits even if their claims were previously barred by the statute of limitations. This window was created by Senate Bill 2601, signed into law by Governor Josh Green.

Tolling the Civil Statute of Limitations

Hawaii law recognizes several situations where the statute of limitations is paused, giving plaintiffs additional time to file.

Minors

Under HRS 657-13, if the injured person is a minor (under 18), the statute of limitations does not begin running until they turn 18. This means a minor who suffers a personal injury has until age 20 (two years after turning 18) to file a lawsuit.

Mental Incapacity

The same statute tolls the deadline for people who are mentally incapacitated at the time the cause of action accrues. The statute of limitations begins running when the disability is removed.

Imprisonment

If a person is imprisoned at the time their cause of action accrues, the statute of limitations is tolled during the period of imprisonment.

Discovery Rule

For claims where the injury is not immediately apparent, Hawaii courts apply the discovery rule. The statute of limitations does not begin until the plaintiff discovers, or reasonably should have discovered, the injury, the wrongful act, and the connection between them. This rule is particularly important for medical malpractice, fraud, and latent construction defect cases.

What Happens When the Statute of Limitations Expires?

Once the statute of limitations runs out, the legal consequences are significant:

Civil cases. The defendant can file a motion to dismiss based on the expired deadline. If the court agrees the deadline has passed, your case will be dismissed and you lose the right to recover damages permanently.

Criminal cases. Prosecutors cannot file charges after the deadline has passed. The defendant can raise the expired statute of limitations as a defense, and the charges must be dismissed.

There are very few exceptions to an expired statute of limitations. Courts rarely grant extensions outside the tolling provisions already written into law. Filing your claim or reporting a crime as early as possible is always the safest approach.

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