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HRS §634G-6

When the court must dismiss a case

Read the official text at capitol.hawaii.gov ↗

This section tells the court when it must dismiss a case with prejudice. It also explains what happens if the person who filed the case voluntarily dismisses it while a motion is pending. The court can still rule on the motion and award costs and fees.

courts

The statute, as written — Dismissal of cause of action

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) In ruling on a motion under section 634G-3(a), the court shall dismiss with prejudice a cause of action or part of a cause of action if: (1) The moving party establishes under section 634G-2(a) that this chapter applies; (2) The responding party fails to establish under section 634G-2(b) that this chapter does not apply; and (3) Either: (A) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or (B) The moving party establishes that: (i) The responding party failed to state a cause of action upon which relief can be granted; or (ii) There is no genuine issue as to any material fact and the party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. (b) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 634G-3(a) shall not affect a moving party's right to obtain a ruling on the motion and seek costs, reasonable attorney's fees, and reasonable litigation expenses under section 634G-9. (c) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 634G-3(a) shall establish for the purpose of section 634G-9 that the moving party prevailed on the motion.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§634G-2 Which lawsuits this law covers

§634G-3 How to file a special motion to dismiss and what happens next

§634G-9 Who pays court costs and lawyer fees on a motion

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.