§657-22 When process not commencement. Upon any such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, the process shall not be deemed the commencement of an action within the meaning of this part or section 663-3. [CC 1859, §1045; RL 1925, §2656; RL 1935, §3927; RL 1945, §10438; RL 1955, §241-21; HRS §657-22; am L 1972, c 105, §1(n)]
Case Notes
Where plaintiffs never had original complaint, the only complaint filed within limitations period, served on defendant and had only the first amended complaint served, despite the fact that original complaint was never served, actions by plaintiffs evidenced both an intent to serve original complaint as well as a continuing intent to pursue their cause of action. 848 F. Supp. 1482 (1993).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
657-1.8 Civil action arising from sexual offenses; application; certificate of merit.
657-3.5 Relation back of amendments.
657-4 Two years; libel and slander.
657-5 Domestic judgments and decrees.
657-5.5 Judgments for support.
657-6 Four years; causes arising in foreign jurisdiction, etc.
657-7 Damage to persons or property.
657-7.3 Medical torts; limitation of actions; time.
657-7.5 Third-party defendants, time in which plaintiff may amend.
657-8 Limitation of action for damages based on construction to improve real property.
657-9 Action barred in foreign jurisdiction.
657-11 Recoveries authorized by federal statute.
657-13 Infancy, insanity, imprisonment.
657-14 Disability to exist at accrual of action.
657-15 Two or more disabilities.
657-18 Extension by absence from State.
657-19 Extension by injunction.
657-20 Extension by fraudulent concealment.
657-21 Extension by keeping defendant in ignorance.
657-21.5 Extension by sentencing of criminal defendant.
657-22 When process not commencement.
657-23 Extension while criminal case is pending.
657-24 Periodic payments of damages.