Rule 114.Dismissal of Actions.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 114
Amendment History
(Amended March 30, 2022, effective April 25, 2022.)
Plain-English Summary
Notwithstanding Rule 41, an adoption action shall not be dismissed at the petitioner instance except by order of the court. The notice-of-dismissal route that Rule 41 gives an ordinary plaintiff before service is not available here.
What is required instead is a motion supported by an affidavit or declaration signed by the petitioner, and the court may impose whatever conditions it deems proper. A petitioner who has begun an adoption cannot walk away from it unilaterally.
Once an order of dismissal is entered, the petitioner must conventionally serve a copy of it as the rule directs. And Rule 115 then lets the court make temporary orders about the care, custody and control of the child and refer the child to the department of human services or another appropriate agency, which is why the dismissal cannot be a private act.
Frequently Asked Questions
Can I withdraw a Hawaii adoption petition?
Only by order of the court, on a motion supported by an affidavit or declaration signed by the petitioner, and on such conditions as the court deems proper.
Why does adoption differ from ordinary dismissal?
Rule 41 lets an ordinary plaintiff dismiss by notice before service. Rule 114 displaces that for adoption and requires a court order.
What happens to the child if the petition is dismissed?
Rule 115 lets the court make appropriate temporary orders about care, custody and control and refer the child to the department of human services or another appropriate agency or officer.
Who serves the dismissal order?
The petitioner must conventionally serve a copy of the order of dismissal as the rule directs.
Does the court have to agree to the dismissal?
Yes. The action shall not be dismissed at the petitioner instance except by order of the court.