(a) A pleader may, as provided by the rules of court, bring in as a third-party defendant a person not a party to the action who is or may be liable to the pleader or to the person claiming against the pleader, for all or part of the claim asserted against the pleader in the action, whether or not liability for the claim is admitted by the pleader. A third-party defendant is bound by the adjudication of the third-party plaintiff‘s liability to the plaintiff as well as of the third-party defendant’s own liability to the plaintiff or to the third-party plaintiff.

Terms Used In Hawaii Revised Statutes 663-17

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(b) A pleader may either:

(1) State as a cross-claim against a co-party any claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or
(2) Move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors, one of whom has discharged the judgment by payment or has paid more than the joint tortfeasor’s pro rata share thereof.

If relief can be obtained as provided in this subsection, no independent action shall be maintained to enforce the claim for contribution.

(c) As among joint tortfeasors who in a single action are adjudged to be such, section 663-12(d) applies only if the issue of proportionate fault is litigated between them by pleading in that action.
(d) A pleader may name as parties to a lawsuit under fictitious names defendants or third-party defendants whose names or whose responsibility for the acts complained of the pleader has been unable to ascertain with reasonable certainty. The pleading shall set forth a description of any unidentified defendant or third-party defendant and all actions already undertaken in a diligent and good faith effort to ascertain the true identity or responsibility of any unidentified defendant or third-party defendant. The pleader may later make known to the court the identity of a defendant or third-party defendant named as a party to the lawsuit under a fictitious name. For the purposes of statutes of limitation, later identified defendants or third-party defendants shall be considered to have been named as parties to the lawsuit on the date the pleading was filed first naming them under fictitious names. Parties shall exercise reasonable diligence in ascertaining the identity or responsibility of unnamed defendants or third-party defendants. The court may make any order that justice requires to protect any party from undue burden and expense or substantial prejudice in any further proceedings involving the later identified defendants or third-party defendants.

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