HRS §657-21
Proving a lawsuit was filed too late or hidden
This section lets a defendant challenge whether a lawsuit was actually started on time. The defendant can show that the court papers were not issued properly, or that the plaintiff or their lawyer hid the lawsuit to keep the defendant from knowing about it.
attorneys
The statute, as written — Extension by keeping defendant in ignorance
When an action is alleged by a plaintiff to have been commenced within the time required by law, and the allegation is put in issue by the defendant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff was not issued with the intent or in the manner required by law; or that any means whatever were used by the plaintiff, or the plaintiff's attorney, to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof. [CC 1859, §1044; RL 1925, §2655; RL 1935, §3926; RL 1945, §10437; RL 1955, §241-20; HRS §657-21; am L 1972, c 105, §1(m); gen ch 1985]
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