(a)Use of indictment, information, or complaint. The charge against a defendant is an indictment, a superseding indictment, an information, or a complaint filed in court, provided that, in any case where a defendant is accused of an offense that is subject to a maximum sentence of less than 6 months in prison (other than Operating a Vehicle Under the Influence of an Intoxicant) and is issued a citation in lieu of physical arrest pursuant to Section 803-6(b) of the Hawai’i Revised Statutes and summoned to appear in court, the citation and an oral recitation of the essential facts constituting the offense charged as set forth in Rule 5(b)(1), shall be deemed the complaint, notwithstanding any waiver of the recitation. The prosecutor’s signature upon the citation shall not be required.(b)When felony may be prosecuted by complaint. A felony may be prosecuted by a complaint under any of the following 3 conditions:
(1) if with respect to that felony the district judge has found probable cause at a preliminary hearing and has committed the defendant to answer in the circuit court pursuant to Rule 5(c) of these rules; (2) if, pursuant to Rule 5(c)(2) of these rules, the defendant has waived in open court the right to a preliminary hearing; or (3) if, pursuant to Rule 7(c) of these rules, thedefendant has waived in open court the right to anindictment.(c)Waiver of indictment. The defendant may in open court waive indictment, provided that the court shall accept such waiver only after the defendant has signed a written statement acknowledging:
(i) The defendant is aware that there is the constitutional right to require the State to establish probable cause before the State can begin formal felony prosecution in circuit court; (ii) That in order to establish probable cause the State must offer sufficient evidence to “lead a person of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion” that the defendant has committed the felony charged or an included felony;(iii) That if a grand jury concludes that the State has established probable cause and if the grand jury returns an indictment, a defendant then has the right to obtain written transcripts of the grand jury proceeding, and these transcripts might help the defendant in preparing for trial; and(iv) By waiving an indictment, the defendant is giving up the right to a probable cause determination and is also giving up the right to obtain written transcripts of the grand jury proceeding or preliminary hearing, or exhibit(s) supporting an information.(d) Nature and contents. The charge shall be a plain, concise and definite statement of the essential facts constituting the offense charged. An indictment shall be signed by the prosecutor and the foreperson of the grand jury. An information shall be signed by the prosecutor. A complaint shall be signed by the prosecutor. The charge need not contain a formal conclusion or any other matter not necessary to such statement. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The charge shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Formal defects, including erroneous reference to the statute, rule, regulation or other provision of law, or the omission of such reference, shall not be ground for dismissal of the charge or for reversal of a conviction if the defect did notprejudice the defendant.(e)Surplusage. The court, on motion oragreement of the defendant, may strike surplusage from the charge. (f)Amendment.(1) The court may permit a charge other than an indictment to be amended at any time before trial commences if substantial rights of the defendant are not prejudiced.(2) The court may permit a charge other than an indictment to be amended after trial commences and before verdict or finding if the defendant personally, knowingly, and voluntarily agrees to the amendment on the record.(g) Bill of particulars. The court may direct the filing of a bill of particulars. A motion for a bill of particulars may be made before arraignment or within 10 days after arraignment or at such other later time as the court may permit. A bill of particulars may be amended at any time subject to such conditions as justice requires.(h)Court in which charge filed.(1) An indictment or information shall be filed in the circuit court.(2) A complaint may be filed in either the district or circuit court; provided that a complaint shall not be filed initially in the circuit court when it charges:
(i) a felony, and none of the 3 conditions set forth in Rule 7(b) of these rules has yet occurred, or (ii) only an offense or offenses other than a felony.
Haw. R. Pen. P. 7
Amended February 28, 1983, effective February 28, 1983; further amended July 20, 1983, effective July 20, 1983; further amended November 17, 2000, effective January 1, 2001; further amended March 9, 2005, effective July 1, 2005; further amended December 7, 2006, effective January 1, 2007; further amended December 17, 2007, effective July 1, 2008; further amended February 10, 2011, effective July 1, 2011.
