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 Hawai’i Rules of Civil Procedure
(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 41 of 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.
