(a) Courts. These rules apply to all penal proceedings in all courts of the State of Hawai’i, except as provided in subsection (b) of this rule.(b) Proceedings. These rules shall not apply to extradition and rendition of fugitives; forfeiture of property for violation of law; the collection of fines and penalties; contempt proceedings which are treated by the court as petty misdemeanors; family court proceedings under section 571-11 of Hawai’i Revised Statutes; and statutory proceedings in which a specific procedure is provided for as part of the statute creating the offense.(c) Application of terms. As used in these rules the following definitions shall apply:
(1) “civil action” refers to a civil action in the circuit court.(2) “prosecutor” means the State attorney general, the county prosecutor or county attorney, and any of their respective assistants or deputies, who are authorized to prosecute defendants in the courts.(3) “demurrer,” “motion to quash,” “plea in abatement,” “plea in bar,” “special plea in bar,” and other words to the same effect in any statute shall be construed to mean the motion raising a defense or objection as provided in Rule 12.(d) Conflict. If there is any conflict between these rules and the Rules of the District Courts of the State of Hawai’i or the Rules of the Circuit Courts of the State of Hawai’i, then the Hawai’i Rules of Penal Procedure shall govern.
