(a) A defendant who has been held by district court to answer in circuit court shall be arraigned in circuit court within 14 days after the district court’s oral order of commitment following (i) arraignment and plea, where the defendant elected jury trial or did not waive the right to jury trial or (ii) initial appearance or preliminary hearing, whichever occurs last.(b) Following service of grand jury warrant, a defendant arrested in the jurisdiction or returned to the jurisdiction shall be arraigned not later than 7 days following arrest or return.(c) Following service of an information charging warrant of arrest, a defendant arrested in the jurisdiction or returned to the jurisdiction shall be arraigned not later than 7 days following arrest or return.(d) Arraignment in the circuit court shall be conducted in open court or by video conference when permitted by Rule 43. The arraignment shall consist of reading the charge to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of the charge before the defendant is called upon to plead. In felony cases charged by written information, the defendant shall be furnished with a copy of the information and all attached exhibits at the initial court appearance and the custody of the materials shall be governed by Rule 16.(e) Upon the initial appearance of the defendant before the court, the court shall:
(1) be satisfied that the defendant is informed of the charge; (2) inform the defendant that there is no requirement to make a statement and that any statement made may be used against the defendant; (3) advise the defendant of the right to counsel; (4) inform the defendant of the potential for immigration consequences by reading the advisement in ยง 802E-2, Hawai#i Revised Statutes, at the commencement of the arraignment and plea hearing to all defendants present;(5) allow the defendant reasonable time and opportunity to consult counsel; and (6) admit the defendant to bail as provided by law or in these rules.
Haw. R. Pen. P. 10
Amended December 5, 1995, effective February 1, 1995; further amended February 2, 1996, effective March 1, 1996; further amended September 5, 1996, effective October 1, 1996; further amended December 7, 2006, effective January 1, 2007; further amended December 21, 2007, effective January 1, 2008; amended January 31, 2014, effective July 1, 2014.
