Statute of Limitations for Assault and Battery (intentional tort) in Hawaii

Overview

Hawaii uses a 5-year statute of limitations for intentional tort claims commonly described as assault and battery, using the general/default rule in Hawaii Revised Statutes (HRS) § 701-108(2)(d).

In practice, most people use DocketMath because they want a clear “last day to file” based on when the conduct happened (and sometimes based on when the claim accrued or whether tolling applies). DocketMath’s statute-of-limitations calculator helps you compute that deadline from the inputs you provide—so you can quickly test timelines and reduce the risk of missing a deadline.

Limitation period

Answer: Hawaii’s default limitation period for the intentional-tort versions of assault and battery is 5 years under HRS § 701-108(2)(d).

This is treated as the general/default period because the provided jurisdiction data did not identify a claim-type-specific sub-rule for intentional-tort assault/battery. In other words, this page assumes the general rule applies unless your facts point to a different timing framework.

Practical takeaway:

• If your claim fits the intentional-tort description and you’re using the default rule, plan for 5 years from the relevant start/accrual date.
• If your claim is a different kind of cause of action (for example, a claim created by statute with its own limitations period), the deadline may differ.

What inputs typically change the output

To get an accurate DocketMath result, you’ll usually supply inputs such as:

• Date of the incident (often the starting point for the clock, depending on the theory)
• Any facts that affect when the claim accrued (i.e., when the clock is legally considered to start)
• Whether any tolling/exception assumptions apply (which can pause or extend the filing window)

Quick timeline example (default rule)

• Incident date: March 1, 2022
• Default SOL: 5 years
• Default deadline to file (ignoring exceptions): March 1, 2027

Your real deadline can move if a recognized exception changes when the clock starts or pauses it.

How DocketMath changes the output

Use the calculator to see how different inputs affect the computed deadline:

• Changing the incident/start date shifts the deadline accordingly.
• Changing the accrual/clock-start date (based on how your theory defines accrual) shifts the deadline.
• Selecting tolling/exception options can extend the deadline—sometimes significantly.

Key exceptions

Answer: The default 5-year period can be extended or altered by recognized exceptions such as tolling or changes to accrual timing—but this page stays anchored to the default rule in HRS § 701-108(2)(d) because no claim-type-specific sub-rule was identified in the provided jurisdiction data.

Because assault/battery disputes often turn on timing-sensitive facts, exceptions are frequently where deadlines either tighten or loosen. DocketMath is intended to help you model those potential shifts without doing manual arithmetic.

Conceptual categories of exceptions to consider:

• Tolling due to incapacity or disability (where applicable)
• Accrual/timing variations (when the claim is treated as having “started”)
• Equitable tolling concepts (highly fact-dependent)
• Special statutory schemes (sometimes claims created by statute have different SOLs)

Practical steps to identify whether an exception could apply

Before running DocketMath, prepare a short timeline fact sheet:

• Date of incident (or alleged assault/battery contact)
• Date you first became aware of relevant facts (if later)
• Plaintiff’s age/legal capacity during the relevant time period
• Whether any barriers to filing existed (only include them if they align with recognized tolling concepts)
• Whether your claim includes elements that suggest it may not be a straightforward common-law intentional tort

Then enter only the assumptions that match your situation.

Statute citation

Answer: The general/default 5-year statute of limitations is in HRS § 701-108(2)(d).

Per the jurisdiction data provided:

• General SOL Period: 5 years
• General Statute: **Hawaii Revised Statutes § 701-108(2)(d)
• Source: FindLaw’s codified text for HRS § 701-108
  https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-701-108/?utm_source=openai

Because no separate claim-type-specific intentional-tort assault/battery sub-rule was provided, this page uses HRS § 701-108(2)(d) as the default.

What you’ll often want to verify in your file:

• Which legal theory the claim will be pled under (common-law tort vs. statutory cause of action)
• The correct start/accrual date your theory requires
• Whether any tolling/exception plausibly applies

Use the calculator

Answer: Use DocketMath at /tools/statute-of-limitations to compute the last filing date using Hawaii’s default 5-year SOL from HRS § 701-108(2)(d).

Start here: **DocketMath Statute of Limitations Calculator

What to enter

To align the calculator with your situation, typically enter:

• Jurisdiction: US-HI (Hawaii)
• Claim type / mapping: intentional tort assault & battery (using the default rule)
• Key date: the incident/start date that your theory uses as the clock start
• Exception/tolling selections: only if your facts support a recognized exception category (see “Key exceptions”)

How to interpret outputs (and why the “last day” can move)

DocketMath’s deadline is based on your inputs:

• A different incident/start date usually shifts the deadline by the same amount.
• Tolling/exception assumptions can extend the deadline—sometimes enough to change the filing year.
• Running multiple scenarios can help you see which fact choice most affects the outcome.

Checklist before treating the result as “filing-ready”:

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator