Rule 30 – Instructions to the Jury

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Pre-instruction. Prior to the presentation of evidence, the court may, upon agreement of the parties, pre-instruct the jury on the elements of the charged offense and claimed defenses.(b)Requests. At such reasonable time as the court directs, the parties shall...

Rule 29 – Motion for Judgment of Acquittal

by | May 11, 2021 | Criminal Procedure, Hawaii

(a)Motion before submission to jury. Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more...

Rule 28 – Expert Witnesses and Interpreters

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) Expert witnesses. The court may order the defendant or the prosecution or both to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, and...

Rule 26 – Evidence

by | May 11, 2021 | Criminal Procedure, Hawaii

(a) In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by law or by these rules.(b) At the discretion of the court, jurors may be allowed to suggest questions to be asked of witnesses. Each juror question must be in...

Rule 25 – Judge; Disability

by | May 11, 2021 | Criminal Procedure, Hawaii

(a)During trial. If by reason of absence from the State, death, sickness or other disability, including retirement or disqualification, the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or...