Rule 144 – Findings

by | May 11, 2021 | Family Law, Hawaii

If, upon the conclusion of the adjudication hearing, the court determines that the material allegations of the petition are established, or that a lesser included offense has been proved, it may enter an order granting the prayer of the petition. If, after such...

Rule 143 – Standard of Proof

by | May 11, 2021 | Family Law, Hawaii

Except in cases arising under the court’s jurisdiction through HRS section 571-11(1), the facts alleged in the petition shall be proved by a preponderance of the evidence. In law violation cases arising under HRS section 571-11(1), all material facts shall be...

Rule 142 – Extra-judicial Statements

by | May 11, 2021 | Family Law, Hawaii

No extra-judicial statement by the child made as a result of a custodial interrogation by a police officer shall be admitted into evidence absent a showing that required warnings of the child’s constitutional rights were given the child in a meaningful way; that...

Rule 140 – Order of Proceedings

by | May 11, 2021 | Family Law, Hawaii

Before taking testimony, the court shall explain to the child and the child’s parents their rights as set forth in Rules 154 and 155 of these rules. The court may then inquire of the child in a case brought under HRS section 571-11(1) or (2) whether the child...

Rule 139 – Contents of Summons

by | May 11, 2021 | Family Law, Hawaii

If it appears from the petition and such investigation as has been made that the child is in such condition or surroundings that the child’s welfare requires that the child be taken into custody, the court may order, by endorsement upon the summons, that the...