(a) In the cases enumerated in subsection (b), all the provisions of this part, or any other statute of limitations, shall apply to a claim stated as a counterclaim against an opposing party in the same manner as if an action thereon had been commenced at the time when the opposing party commenced the opposing party’s action or served the pleading stating the opposing party’s claim, or if a different time is applicable to the opposing party’s claim under the provisions of this section then at that time.
Terms Used In Hawaii Revised Statutes 657-3
Counterclaim: A claim that a defendant makes against a plaintiff.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Plaintiff: The person who files the complaint in a civil lawsuit.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(b) Subsection (a) shall apply if the claim stated as a counterclaim:
(1) Consists of a liquidated debt or demand, or a debt or demand capable of being ascertained by calculation; or(2) Arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.(c) Within the meaning of this section a counterclaim includes a claim asserted against the plaintiff by a third-party defendant and in that situation the plaintiff is deemed an opposing party.
