Rule 15 – Depositions

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) When taken. Whenever due to special circumstances of the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the parties order...

Rule 14 – Relief from Prejudicial Joinder

by | May 11, 2021 | Criminal Procedure, Hawaii

If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in a charge or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide...

Rule 13 – Consolidation

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Generally. The court may order consolidation of two or more charges for trial if the offenses, and the defendants if there are more than one, could have been joined in a single charge.(b) Related offenses. (1) Two or more offenses are related offenses, for the...

Rule 12.1 – Notice of Alibi

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Notice by defendant. If a defendant intends to rely upon the defense of alibi, the defendant shall, within the time provided for the filing of pretrial motions or at such later time as the court may direct, notify the prosecutor in writing of such intention and...