Rule 41.1.Documents Dismissing an Action or Any Part Thereof Pursuant to Rules 41(a)(1)(A), 41(a)(1)(B), and/or 41(c) of the Hawaii Rules of Civil Procedure.
Last amended January 1, 2012 · Last verified July 3, 2026
Full Text of Rule 41.1
Amendment History
Added August 26, 2011, effective January 1, 2012
Plain-English Summary
Where a notice or stipulation of dismissal goes depends on the case: to the assigned judge before filing, whether the case is on a regular docket or in the Court-Annexed Arbitration Program, or to the Legal Documents Branch/Section if no judge is assigned. The document itself must identify the judge's name (or say "none"), the trial date (or say "none"), and, in its text, cite the specific part of Rule 41 the dismissal relies on, noting whether the dismissed party has already answered or moved for summary judgment if Rule 41(a)(1)(A) applies.
A dismissal of the whole case must carry a specific title and state that all other claims and parties are dismissed. A partial dismissal instead must flag in its title that it's partial and identify who or what is being dismissed, then spell out in the body both what's being dismissed and what claims or parties remain (or that none do). Either way, the document must show, below counsel's signature, which party or parties that attorney represents.
Frequently Asked Questions
Where does a notice or stipulation of dismissal get filed?
It depends on the case: to the assigned judge before filing if the case has one, whether on the regular docket or in the Court-Annexed Arbitration Program, or to the Legal Documents Branch/Section if no judge is assigned.
What must the document itself say?
Does a partial dismissal look different from one that ends the whole case?
Yes. A dismissal of the entire case must use a specific title and state that all other claims and parties are dismissed; a partial dismissal must flag in its title that it's partial and identify in the text both what's being dismissed and what remains.