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
In one sentenceRule 41.1 sets the formatting and routing rules for the paperwork that dismisses a case, or part of one, under Rule 41.
(a)Presentation of notices of and stipulations for dismissal.
(1)For cases assigned to a judge, the notices of and stipulations for dismissal shall be presented to the assigned judge before filing.
(2)For cases in the Court-Annexed Arbitration Program, the notices of and stipulations for dismissal shall be presented to the assigned judge before filing.
(3)For cases not assigned to a judge, the notices of and stipulations for dismissal shall be presented to the Legal Documents Branch/Section.
(b)Information required in notices of and stipulations for dismissal.
(1)The notices of and stipulations for dismissal shall include the following information:
(A)Below the title of the document
(i)the name of the judge or "none" if the case is not assigned to a judge and
(ii)the trial date or "none" if the trial date has not been set.
(B)In the text of the document
(i)cite the specific subsections of Rule 41of the Hawai‘i Rules of Civil Procedure applicable to the dismissal and
(ii)if Rule 41(a)(1)(A) is cited, state whether or not the party being dismissed has served an answer or motion for summary judgment.
(2)If the document disposes of the entire action, the document shall be entitled “STIPULATION FOR [OR NOTICE OF] DISMISSAL WITH [OR WITHOUT] PREJUDICE OF ALL CLAIMS AND PARTIES,” and shall state in the text of the document “all other claims and parties are dismissed.”
(3)If the document dismisses only part of a case
(A)The title of the document shall indicate that it is a partial dismissal and identify the party(ies) and/or claim(s) being dismissed,
(B)The text shall identify the party(ies) and/or claim(s) being dismissed, and
(C)The text shall identify the party(ies) and/or claim(s) that remain in the action or if there are no remaining parties and/or claims such shall be so stated in the text.
(4)Below the signature of counsel, indicate the party(ies) that counsel represents.
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?
The judge's name or "none," the trial date or "none," and the specific subsection of Rule 41 the dismissal relies on, along with whether the dismissed party has answered or moved for summary judgment when Rule 41(a)(1)(A) is cited.
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.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 41.1). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:stipulation for dismissalnotice of dismissal formatpartial dismissal