§668-4 Pleadings; substitution of heirs in case of death.

172 words·~1 min read·/hi/chapter-668/668-4

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§668-4 Pleadings; substitution of heirs in case of death. [(a)] Each party shall allege the source or derivation and devolution of the party's title, right, interest, or claim. The answers of the defendants shall state, among other things, the precise nature and extent of their respective interests or claims.

[(b)] If any suggestion of death of any party is made to the court, the court shall upon ascertainment of the identity of the heirs or devisees of the decedent, order them joined as parties as provided by the rules of court. [L 1923, c 178, §4; RL 1925, §2764; RL 1935, §4743; RL 1945, §12453; RL 1955, §337-4; HRS §668-4; am L 1972, c 90, §11(d); gen ch 1985]

Cross References

Abatement and revival, see chapter 634, pt V.

Rules of Court

Substitution of parties, see HRCP rule 25.

Case Notes

After issue framed by amended petition and answer, petition should not be dismissed without hearing on merits. 41 H. 504

(1956)(prior to adoption of the Hawaii Rules of Civil Procedure).