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Civil procedure

nonsuit

Parties to a lawsuit generally have an absolute right to nonsuit (dismiss) their own claims for relief at any time during the litigation until they have introduced all evidence other than rebuttal evidence at trial.

In Hawaii, parties to a lawsuit do have the right to voluntarily dismiss their claims, which is often referred to as a nonsuit. This right is typically governed by the Hawaii Rules of Civil Procedure (HRCP), particularly Rule 41 which outlines the conditions and procedures for voluntary dismissal. A plaintiff can dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Alternatively, a plaintiff can dismiss an action with a court order by filing a stipulation of dismissal signed by all parties who have appeared. However, this right is not absolute and becomes more limited as the case progresses. Once the plaintiff has begun to present their case in chief at trial, they can no longer nonsuit their claim unilaterally without the defendant's consent or without the court's approval, and they must do so before introducing all evidence other than rebuttal evidence. Additionally, there may be consequences for voluntary dismissal, such as the potential obligation to pay the defendant's costs and, in certain circumstances, attorney's fees.

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Civil procedure

nonsuit

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Hawaii State Code

Hawaii State Code

Civil procedure

nonsuit

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