Rule 41.Dismissal of Actions.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 41 governs dismissals, voluntary and involuntary, and lets the court clear cases where service or prosecution has stalled for six months or a year.

Full Text of Rule 41

Text sizeJump to: (a) (b) (c) (d) (e)

(a) (a) Voluntary dismissal: Effect thereof.

(1) (1) BY NOTICE OF DISMISSAL; BY STIPULATION. Subject to the provisions of Rule 66 of these Rules, and of any statute, an action may by dismissed by notice of dismissal or by stipulation as set out respectively in paragraphs (a)(1)(A) and (a)(1)(B) of this Rule. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice. The notice of dismissal or stipulation shall state the Hawaiʻi Family Court Rule and subsections pursuant to which the dismissal is filed.

(A) (A) The initiating party, without approval of the court, may file a notice of dismissal at any time prior to service of process, unless an adverse party has already filed a document or appeared in court. Although approval of the court is not necessary for a dismissal under this paragraph (a)(1)(A), any such dismissal shall first be submitted for processing to the family court and shall not be effective until filed by the clerk of court.

(B) (B) After the service of process, or if an adverse party has already filed a document or appeared in court prior to the service of process, a stipulation of dismissal may be submitted to the court. The stipulation shall be signed by all parties unless the signature of a party is waived by the court. The stipulation shall be effective only if approved by the court.

(2) (2) BY ORDER OF COURT ON INITIATING PARTY’S MOTION TO DISMISS. Except as provided in paragraphs (a)(1)(A) and (a)(1)(B) of this Rule, an action shall not be dismissed at the instance of the initiating party save upon order of the court after notice and hearing on a motion to dismiss. The dismissal shall include such terms and conditions as the court deems proper. If a cross-action has been pleaded by an adverse party prior to the service upon the adverse party of the motion to dismiss, the action shall not be dismissed against the objection of the adverse party unless the cross-action can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

(b) (b) Involuntary dismissal: Effect thereof. For failure of the plaintiff to prosecute or to comply with these Rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the claimant has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff or may decline to render any decree until the close of all the evidence. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this Rule, other than a dismissal for lack of jurisdiction or for improper venue, operates as an adjudication upon the merits.

(c) (c) Dismissal of cross-action. The provisions of this Rule apply to the dismissal of any cross-action. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of subdivision (a) of this Rule shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.

(d) (d) Reserved.

(e) (e) Dismissal for want of service or prosecution.

(1) (1) A diligent effort to effect service shall be made in all actions and if no service be made within 6 months after an action or post-judgment motion has been filed then, after notice of not less than 10 days to the filing party at their last known address, the same may be dismissed. Such a dismissal may be set aside and the action reinstated by order of court for good cause shown on ex parte motion duly filed in said action within 30 days of service of the order of dismissal on JEFS Users through JEFS or within 30 days of mailing of the order of dismissal to the last known address of parties who are not represented by an attorney and who are not JEFS Users.

(2) (2) In any case in which a final decree, judgment, or order has not been made and filed prior to the expiration of 1 year from the date of the filing of the complaint or post-judgment motion in said action, the same may be dismissed unless a trial date has been set or an order has been filed enlarging the time following a showing of good cause. Such a dismissal may be set aside and the action or motion reinstated by order of court for good cause shown on ex parte motion duly filed in said action within 30 days of service of the order of dismissal on JEFS Users through JEFS or within 30 days of mailing of the order of dismissal to the last known address of parties who are not represented by an attorney and who are not JEFS Users.

(3) (3) RESERVED.

(4) (4) An order of any dismissal and notice pursuant to subsections (e)(1) or (2) of this Rule shall be filed in the record of the case.

End

Amendment History

(Amended March 30, 2022, effective April 25, 2022.)

Plain-English Summary

Voluntary dismissal comes in two shapes. Before service of process, and provided no adverse party has filed a document or appeared, the initiating party may file a notice of dismissal without the court approval, though it is still submitted for processing and takes effect only when the clerk files it. After service, or where an adverse party has already appeared, dismissal is by stipulation signed by all parties unless the court waives a signature, and it is effective only if the court approves. Either way the dismissal is without prejudice unless it says otherwise. Anything outside those two routes needs a motion, notice and hearing.

Involuntary dismissal is the defendant tool. A defendant may move to dismiss for the plaintiff failure to prosecute or to comply with the rules or a court order, and may also move at the close of the plaintiff evidence on the ground that no right to relief has been shown, without giving up the right to put on evidence if the motion fails.

Subdivision (e) is the housekeeping provision, and it catches cases that go quiet. A diligent effort to serve must be made, and where no service is made within 6 months of filing an action or a post-judgment motion, the matter may be dismissed after at least 10 days notice to the filing party. Separately, where no final decree, judgment or order has been entered within 1 year of filing, the case may be dismissed unless a trial date has been set or time has been enlarged for good cause. Either dismissal may be set aside and the case reinstated for good cause on an ex parte motion.

Frequently Asked Questions

Can I dismiss my own Hawaii family court case?

Before service of process and before any adverse party has filed or appeared, by notice of dismissal. After that, by stipulation approved by the court, or by motion with notice and a hearing.

Is a voluntary dismissal with prejudice?

No, unless the notice or stipulation says so. The default is without prejudice.

What happens if I never serve the other party?

If no service is made within 6 months after filing, the case may be dismissed after not less than 10 days notice to the filing party at their last known address.

What if my case sits for a year without a decision?

It may be dismissed unless a trial date has been set or an order enlarging time has been filed on a showing of good cause.

Can a dismissed case be brought back?

Yes. A dismissal under subdivision (e) may be set aside and the action reinstated by order of court for good cause shown on an ex parte motion.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 41). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

Also known as: dismissing a case hawaii family courtfailure to prosecute dismissal hawaiisix month service rule hawaiireinstating a dismissed case hawaiihawaii family court rule 41