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HRS §712-1274

When a citizen's lawsuit can be dismissed or taken over

This section covers lawsuits filed by a citizen or organization. It says such a suit cannot be dropped just because the filer wants to or stops pursuing it, unless the filer gives a sworn reason and the court approves. The court can also let someone else take over the case, and if the suit had no good reason, the filer may have to pay costs.

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The statute, as written — Failure to prosecute

If the petition is filed by a citizen or by an organization, it shall not be dismissed by the complainant or for want of prosecution except upon a sworn statement by the complainant or the complainant's attorney, setting forth the reasons why the suit should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such suit with reasonable diligence, or at the request of the complainant, the court, in its discretion, may substitute any other citizen or organization, including, but not limited to the attorney general or the prosecutor or prosecuting attorney of the county consenting thereto for the complainant. If a suit is brought by a citizen or by an organization and the court finds that there was no reasonable ground or cause therefor, the costs shall be taxed against such citizen or organization, except that no costs shall be taxed against state or county organizations.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

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