§657-3  Counterclaim.  (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.

     (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. [CC 1859, §1050; RL 1925, §2641; RL 1935, §3912; RL 1945, §10423; RL 1955, §241-3; HRS §657-3; am L 1972, c 186, §1; gen ch 1985]

Rules of Court

  Counterclaims and cross claims, see HRCP rule 13.

Case Notes

  Cited in discussion of distinction between "set-off" and "recoupment".  62 H. 334, 614 P.2d 936 (1980).