657-18 Extension by absence from State. If at any time when any cause of action specified in this part or section 663-3 accrues against any person, the person is out of the State, the action may be commenced within the terms respectively limited, after the return of the person into the State, and if, after the cause of action has accrued, the person departs from and resides out of the State, the time of the person's absence shall not be deemed or taken as any part of the time limited for the commencement of the action. [CC 1859, 1041; RL 1925, 2652; RL 1935, 3923; RL 1945, 10434; RL 1955, 241-17; HRS 657-18; am L 1972, c 105, 1(j); gen ch 1985]

 

Case Notes

 

Section did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in 634-33 and 634-36. 89 H. 1, 967 P.2d 1059 (1998).

By express limitation, this section does not apply to toll the statute of limitations period set forth in 490:2-725. 93 H. 174 (App.), 998 P.2d 55 (2000).

 

 

Previous Vol13_Ch0601-0676 Next