The statute of limitations in Hawaii sets how long you have to file a civil lawsuit or how long prosecutors have to bring criminal charges, and the deadline depends on what kind of case it is. Civil claims generally run between two and six years, with a few shorter windows for claims against government entities. Criminal deadlines run from two years for misdemeanors up to three years for most felonies, with no deadline at all for murder. The main rules are in Hawaii Revised Statutes Chapter 657 for civil cases and Chapter 701 for criminal cases, and several tolling provisions can pause the clock.
Civil Deadlines by Type of Claim
Hawaii sorts civil deadlines by the nature of the claim. Get the category right and the filing window follows.
Personal Injury and Property Damage
You have two years to sue for injury to yourself or damage to your property. Both fall under HRS 657-7, which covers “damage or injury to persons or property.”1Justia. Hawaii Revised Statutes 657-7 – Damage to Persons or Property The clock starts on the date of the injury or damage. When the harm isn’t immediately obvious, the discovery rule can push the start date to when you discovered, or reasonably should have discovered, the problem. Hawaii courts have applied this in situations like negligent damage to real property that the owner had no way to notice right away.
Medical Malpractice
Medical malpractice follows a two-year discovery rule: you must file within two years of discovering, or reasonably should have discovered, the injury caused by a healthcare provider’s error. Hawaii also imposes a hard outer boundary called a statute of repose. Under HRS 657-7.3, you cannot file suit more than six years after the date the malpractice actually occurred, no matter when you discover it.2Justia. Hawaii Revised Statutes 657-7.3 – Medical Torts Limitation of Action The distinction matters. A regular limitations clock starts when you learn of the harm; the repose clock starts when the mistake was made, even if you had no symptoms.
One carve-out: the six-year repose period is paused for any time the healthcare provider actively concealed the error.
Contract Disputes
Breach-of-contract claims get six years, whether the contract was written or oral. HRS 657-1(1) covers “any contract, obligation, or liability” without distinguishing between written and verbal agreements.3Justia. Hawaii Revised Statutes 657-1 – Six Years The six years run from the breach, not from the date the contract was signed.
Other Civil Claims
If your claim doesn’t fit a specific category, Hawaii’s catch-all applies. HRS 657-1(4) covers “personal actions of any nature whatsoever not specifically covered by the laws of the State” and gives you six years.3Justia. Hawaii Revised Statutes 657-1 – Six Years
Claims Against the Government
Suing a government entity in Hawaii comes with tighter deadlines that catch many people off guard. Tort claims against the State of Hawaii under the State Tort Liability Act must be filed within two years of the incident.4Justia. Hawaii Revised Statutes 662-4 – Statute of Limitations
Claims against Hawaii’s county governments are much shorter. Under HRS 46-72, you have only six months. If a county employee’s negligence caused your injury and you wait seven months, you are likely out of luck regardless of the merits. Any time a government entity might be involved, confirm the applicable deadline immediately.
Criminal Deadlines by Offense
Hawaii’s criminal deadlines are set by HRS 701-108 and organized by the severity of the offense.
Offenses With No Time Limit
Murder can be prosecuted at any time in Hawaii. There is no statute of limitations.5Justia. Hawaii Revised Statutes 701-108 – Time Limitations Attempted murder and manslaughter not caused by a motor vehicle carry an extended ten-year window rather than a complete exemption.
Felonies
Most felonies must be charged within three years of the offense.5Justia. Hawaii Revised Statutes 701-108 – Time Limitations Sexual assault in the first and second degrees carry extended limitation periods. Felonies involving fraud, breach of fiduciary duty, or misconduct in office have special timing rules that allow prosecution beyond three years when the offense was not immediately discoverable.
DNA Evidence Extensions
When a felony case involves DNA evidence from the offender, prosecutors can bring charges after the normal deadline as long as a DNA test confirming the evidence was performed before the original limitations period expired. The extension cannot exceed ten years beyond the original deadline.5Justia. Hawaii Revised Statutes 701-108 – Time Limitations The provision applies to any felony, not just sexual offenses, and was designed for cold cases with physical evidence but an unknown offender.
Misdemeanors and Petty Misdemeanors
Misdemeanors must generally be charged within two years of the offense.5Justia. Hawaii Revised Statutes 701-108 – Time Limitations Petty misdemeanors and violations carry even shorter windows.
What Can Pause the Clock
Several circumstances toll the statute of limitations, meaning the clock stops running for a period. These rules exist because it would be unfair to penalize someone who was legally or physically unable to bring a claim.
Minors, Mental Incapacity, and Imprisonment
Under HRS 657-13, if you were under 18, mentally incapacitated, or imprisoned on a criminal charge when your civil cause of action arose, the limitations clock does not start running against you until that disability is removed.6Justia. Hawaii Revised Statutes 657-13 – Infancy, Insanity, Imprisonment Once you turn 18, regain capacity, or are released, the normal period starts. You can still file while the disability exists. The clock is paused, not eliminated.
Defendant Absent From the State
If the person you need to sue leaves Hawaii after your cause of action arises, the time they spend outside the state doesn’t count toward the limitations period. HRS 657-18 excludes the defendant’s absence from the calculation entirely.7Justia. Hawaii Revised Statutes 657-18 – Extension by Absence From State The same rule applies when the defendant was already outside Hawaii when the cause of action first arose; the clock doesn’t start until they enter the state.
Fraudulent Concealment
When a liable party actively hides the existence of your claim or their own identity, HRS 657-20 gives you six years from the date you discover, or should have discovered, the hidden cause of action or the responsible person’s identity.8Justia. Hawaii Revised Statutes 657-20 – Extension by Fraudulent Concealment This effectively resets the clock for concealed claims even after the normal limitation period has expired, and it applies across the range of claims covered by Chapter 657.
Active-Duty Military Service
Federal law adds protection for servicemembers. Under the Servicemembers Civil Relief Act, the entire period of active-duty military service is excluded from any statute of limitations calculation, in both civil and criminal matters, and it applies in state courts, federal courts, and agency proceedings.9Office of the Law Revision Counsel. 50 U.S. Code 3936 – Statute of Limitations Given Hawaii’s significant military presence, the provision comes up often. The SCRA does not toll deadlines under federal internal revenue laws, so tax-related limitations periods keep running during deployment.
Federal Cases With Hawaii Connections
If your case involves a federal agency, a federal crime, or a federal civil rights claim, Hawaii’s state deadlines may not control. Claims against the federal government for injuries caused by federal employees fall under the Federal Tort Claims Act, which requires an administrative claim within two years of the incident.10eCFR. 32 CFR 750.36 – Time Limitations You have to complete the administrative process before you can file a lawsuit, and missing the administrative deadline forfeits the right to sue.
For federal criminal offenses, the general statute of limitations is five years for non-capital crimes, unless a specific federal statute provides otherwise.11Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital Federal civil rights claims under 42 U.S.C. ยง 1983 borrow the personal injury deadline of the state where the violation occurred. In Hawaii, that means two years.1Justia. Hawaii Revised Statutes 657-7 – Damage to Persons or Property
What Happens If You Miss the Deadline
Filing after the statute of limitations expires usually ends the case. In civil matters, the defendant can raise the expired deadline as an affirmative defense, and courts will dismiss the claim. That dismissal is typically with prejudice, meaning you cannot refile. In criminal matters, an expired limitations period bars prosecution entirely, and a defendant can move to dismiss charges brought too late. If your deadline is close, act now rather than after it passes.