§501-213  Action, parties defendant.  If any contract claim is prosecuted to recover for loss or damage, or for deprivation of land, or of any estate or interest therein, arising wholly through fraud, negligence, omission, mistake, or misfeasance of the registrar, assistant registrar, or of any of the examiners of title, in the performance of executive or ministerial duties, or of any of the assistants or clerks, in the performance of their respective duties, then the action shall be brought against the state director of finance, as sole defendant.  If any action is brought to recover for loss or damage, or deprivation of land, or of any estate or interest therein, arising wholly through any fraud, negligence, omission, mistake, or misfeasance of some person other than the officers and assistants above named, or arising jointly through the fraud, negligence, omission, mistake, or misfeasance of such other person and any such officers and assistants, then the action shall be brought against both the director and such other person as joint defendants. [L 1903, c 56, §97; RL 1925, §3287; RL 1935, §5100; RL 1945, §12700; RL 1955, §342-100; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-213; am L 1972, c 91, §1(nn)]

Cross References

  Suits against the State, see chapter 661.

Rules of Court

  Parties, see Hawaii Rules of Civil Procedure, part IV.