HRS § 657-22 - When process not commencement

Upon any such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, the process shall not be deemed the commencement of an action within the meaning of this part or section 663-3. [CC 1859, §1045; RL 1925, §2656; RL 1935, §3927; RL 1945, §10438; RL 1955, §241-21; HRS ; am L 1972, c 105, §1(n)] Case Notes Where plaintiffs never had original complaint, the only complaint filed within limitations period, served on defendant and had only the first amended complaint served, despite the fact that original complaint was never served, actions by plaintiffs evidenced both an intent to serve original complaint as well as a continuing intent to pursue their cause of action. 848 F. Supp. 1482 (1993).