HRS 0635-0003 ANNOTATIONS

Dismissal, see HRCP rule 41(b).

Remedies to obtain dismissal for want of prosecution discussed. 3 HBJ, Fall 1965, at 2.

Defendant's joining in stipulation to remove a cause from trial calendar is action of the "defendant to delay or postpone trial". 45 H. 165, 363 P.2d 968.

Question as to continued effectiveness of section in view of HRCP 41(b) raised but not decided. Id.

Matter of continuance in view of public climate is within court's discretion. 45 H. 478, 370 P.2d 739.

Application of six-year provision. 48 H. 152, 397 P.2d 593; 48 H. 290, 401 P.2d 449; 48 H. 303, 401 P.2d 456.

Factors to be considered in the exercise of the discretion to dismiss. 60 H. 125, 588 P.2d 416.

Notice of motion, how made. 1 H. 14. Rules for postponement of trial laid down. 1 H. 74. Granting or refusing continuance at discretion of court. 7 H. 211; 8 H. 466; 14 H. 313; 29 H. 434; 33 H. 113; 34 H. 390. Affidavit in support of continuance because of absence of witness should set out facts the witness is expected to prove. 8 H. 466.

Cited: 24 H. 97, 107; 33 H. 432, 439.