Haw. R. App. P. 42

As amended through June 28, 2024
Rule 42 - Dismissal
(a)Dismissal before the appeal is docketed. If an appeal has not been docketed, the appeal shall be dismissed upon the filing of a stipulation for dismissal signed by all the parties and approved by the appellate court. Upon motion and notice by the appellant, the appellate court may dismiss the appeal upon terms fixed by the court.
(b)Dismissal in the appellate courts. If the parties to a docketed appeal or other proceeding sign and file a stipulation for dismissal, specifying the terms as to payment of costs, and pay whatever fees are due, the case shall be dismissed upon approval by the appellate court, but no mandate or other process shall issue without an order of the court. Upon motion and notice, the appellate court may dismiss the appeal upon terms fixed by the appellate court.
(c)Special requirements for criminal appeals. In a criminal appeal by a defendant, the stipulation or motion for dismissal of the appeal shall be supported by the defendant's affidavit or declaration that reflects a knowing and intelligent understanding of the consequences of the dismissal of the appeal and that the withdrawal is made voluntarily. In circumstances where the defendant cannot be located after a diligent effort, the circumstances of the effort shall be set forth in an affidavit or declaration of counsel in support of the stipulation or motion.

Haw. R. App. P. 42

Amended January 22, 1987, effective 2/1/1987; further amended December 6, 1999, effective 1/1/2000; further amended October 6, 2003, effective 1/1/2004; further amended June 20, 2006, effective 7/1/2006; further amended August 30, 2010, effective 9/27/2010; further amended April 12, 2016, effective 7/1/2016.