HRS §635-3
When a court can dismiss a case for not going to trial
A court can dismiss a lawsuit if the person who filed it does not bring it to trial within a time set by court rules, but only after giving notice. Before dismissing, the court must have a published rule that explains how that person can ask for relief from the dismissal.
courts
The statute, as written — Dismissal for want of prosecution
The court may dismiss any action for want of prosecution after due notice to the claimants whenever claimants have failed to bring such action to trial within a period established by rule of court. Prior to dismissal of any action for want of prosecution, a court shall have adopted, promulgated, and published a rule or rules of court providing circumstances in which a claimant may seek relief from the judgment or order and such other safeguards as may be necessary. [CC 1859, §1162; RL 1925, §2391; RL 1935, §4106; am L 1937, c 117, §1; am L 1939, c 145, §1; am L Sp 1941, c 56, §1; RL 1945, §10104; RL 1955, §231-4; HRS §635-3; am L 1972, c 89, §2B(a)]
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