Rule 18 – Venue

by | May 11, 2021 | Criminal Procedure, Hawaii

Except as otherwise permitted by statute or by these rules, the prosecution shall be had in the circuit in which the offense or any part of it was committed. If the trial is to be had in the district court, venue is within the judicial circuit established by statute....

Rule 17.1 – Pretrial Conference

by | May 11, 2021 | Criminal Procedure, Hawaii

At any time after the filing of the charge the court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. At the conclusion of a conference the court shall prepare and...

Rule 17 – SUBPOENA

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) For attendance of witnesses; form; issuance. A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give...

Rule 16 – Discovery

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Applicability. Subject to subsection (d) of this rule, discovery under this rule may be obtained in and is limited to cases in which the defendant is charged with a felony, and may commence upon the filing in circuit court of an indictment, an information, or a...