Rule 42 – Filing Procedure by the Clerk

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Classification. Upon the filing of the complaint, indictment, information, petition, pleading, or other similar documents, the clerk of the court shall classify and assign a number to the proceeding. All subsequent documents to be filed in the proceeding shall...

Rule 41 – Search and Seizure

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Authority to issue warrant. Except as otherwise provided by statute, a search warrant may be issued by any district or circuit judge (1) within the circuit wherein the property sought is located; or (2) within the circuit where the property is anticipated to be...

Rule 40 – Post-conviction Proceeding

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Proceedings and grounds. The post-conviction proceeding established by this rule shall encompass all common law and statutory procedures for the same purpose, including habeas corpus and coram nobis; provided that the foregoing shall not be construed to limit the...

Rule 38 – Stipulations and Orders

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Forms of stipulations and orders. Unless made in open court, all stipulations shall be in writing, signed by the parties or their attorneys, and filed with the clerk. An order based upon a stipulation shall be sufficient if the words “Approved and so...