Rule 36 – Clerical Mistakes

by | May 11, 2021 | Criminal Procedure, Hawaii

Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time of its own initiative or on motion of any party and after such notice, if any, as the court...

Rule 34 – Arrest of Judgment

by | May 11, 2021 | Criminal Procedure, Hawaii

The court on motion of a defendant shall arrest judgment if the charge does not allege an offense or if the court was without jurisdiction of the offense alleged. The motion in arrest of judgment shall be made within 10 days after verdict or finding of guilty, or...

Rule 33 – New Trial

by | May 11, 2021 | Criminal Procedure, Hawaii

The court on motion of a defendant may grant a new trial to the defendant if required in the interest of justice. If trial was by the court without a jury, the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony...

Rule 32 – Sentence and Judgment

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Sentence. After adjudication of guilt, sentence shall be imposed without unreasonable delay. Pending sentence, the court may commit the defendant or continue or alter bail, subject to applicable provisions of law. Before suspending or imposing sentence, the court...

Rule 31 – Verdict

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Return. The verdict shall be unanimous, unless otherwise stipulated to by the parties. It shall be returned by the jury to the judge in open court.(b) Several defendants. If there are 2 or more defendants, or 2 or more counts, the jury at any time during its...