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Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 634G-6

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 4. Courts and Judicial Proceedings § 634G-6 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-634g-6/

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