reglab/housing_qa huggingface dataset:
HI Rev Stat § 805-9 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-9 Procedure against corporations; summons, issuance.

  §805-9 Procedure against corporations; summons, issuance. Upon an information or presentment against a corporation, the district judge shall issue a summons signed by the district judge, with the district judge's name of office, requiring the corporation to appear before the district judge at a specified time and place, to answer the charge. [L 1893-4, c 24, §1; RL 1925, §4013; RL 1935, §5476; RL 1945, §10776; RL 1955, §257-9; HRS §710-9; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Obtaining the appearance of defendant, see HRPP rule 9.
HI Rev Stat § 805-10 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-10 Same; summons, service.

  §805-10 Same; summons, service. The summons shall be served by delivering a copy thereof, and showing the original to the president or other head of the corporation, or to the secretary, treasurer, or managing agent thereof. [L 1893-4, c 24, §2; RL 1925, §4014; RL 1935, §5474; RL 1945, §10777; RL 1955, §257-10; HRS §710-10; ren L 1972, c 9, pt of §1] Rules of Court  Obtaining the appearance of defendant, see HRPP rule 9. Case Notes  Cited: 41 H. 348 (1956).
HI Rev Stat § 805-11 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-11 Same; trial.

  §805-11 Same; trial. At the appointed time in the summons the district judge shall proceed to hear and try the case as in the case of a natural person. [L 1893-4, c 24, §3; RL 1925, §4015; RL 1935, §5478; RL 1945, §10778; RL 1955, §257-11; HRS §710-11; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-1 Definitions.

  §806-1 Definitions. In this chapter: "act" or "doing of an act" includes "omission to act"; "the court" unless a contrary intention appears means the court before which the trial is had; "the offense" means the specific offense constituted by the acts or omissions of the accused as distinguished from "the transaction" which means the particular acts, facts, and circumstances which distinguish the offense committed from other offenses of the same nature. [L 1915, c 215, pt of §2; RL 1925, §4021; RL 1935, §5494; RL 1945, §10795; RL 1955, §258-1; HRS §711-1; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-2 Inapplicable to district courts.

  §806-2 Inapplicable to district courts. Notwithstanding any provision of this chapter that the same applies to courts of record, such provision shall not, without more, apply to district courts. [L 1971, c 144, §31B; HRS §711-2; ren L 1972, c 9, pt of §1] Case Notes  As the plain language of this section limits the application of the criminal procedure provisions of this chapter to the circuit courts, the appellate court erred by extending the application of §806-28 to the district courts. 127 H. 48, 276 P.3d 617 (2012).
HI Rev Stat § 806-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-7 Preparation of indictment, complaint, or information; true bill by grand jury.

  §806-7 Preparation of indictment, complaint, or information; true bill by grand jury. Informations, complaints, and indictments shall be duly prepared by a legal prosecuting officer. Every indictment shall be duly found by a grand jury before the arraignment of the accused, and when so found shall be indorsed a true bill, and the indorsement shall be signed by the foreperson. [L 1876, c 40, §2; am L 1903, c 39, §2; RL 1925, §4018; RL 1935, §5491; RL 1945, §10792; RL 1955, §258-3; HRS §711-7; ren L 1972, c 9, pt of §1; am L 1991, c 147, §2; gen ch 1993] Rules of Court  Grand jury; finding and return of indictment, see HRPP rule 6(f).  Indictment, information, or complaints, see HRPP rule 7. Case Notes  Signed by foreperson. 16 H. 743 (1905).  Not sufficient ground to quash indictment that defendant was subpoenaed before grand jury, when it appears defendant was informed of defendant's right to refuse to answer questions the answers to which might incriminate defendant. 24 H. 621 (1919).  Examination of wife of accused by grand jury, effect. 45 H. 221, 365 P.2d 202 (1961).  Indictment may be based on hearsay under certain circumstances. 53 H. 513, 497 P.2d 559 (1972).  There is presumption that indictment was based on sufficient evidence, and burden is on one who asserts that it was not. 53 H. 513, 497 P.2d 559 (1972).  Effect of incompetent evidence on validity of indictment where there are other legal and competent evidence. 58 H. 474, 572 P.2d 497 (1977).
HI Rev Stat § 806-8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-8 Prosecution where indictment not essential.

  §806-8 Prosecution where indictment not essential. In criminal cases brought in the first instance in a court of record, but in which the accused may be held to answer without an indictment by a grand jury, the legal prosecutor may arraign and prosecute the accused upon an information, complaint, or an indictment at the prosecutor's election; and in all criminal cases brought in the first instance in a court of record the prosecutor may arraign and prosecute the accused by information, complaint, or indictment, as the case may be, whether there has been a previous examination, or commitment for trial by a judge, or not. [L 1903, c 39, §3; RL 1925, §4019; RL 1935, §5492; RL 1945, §10793; RL 1955, §258-4; HRS §711-8; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1991, c 147, §3] Cross References  See Const. art. I, §10.  Use of indictment or information, see § §801-1, 806-6. Rules of Court  Indictment, information, or complaint, see HRPP rule 7.
HI Rev Stat § 806-9 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-9 Information, laws applicable.

  §806-9 Information, laws applicable. All provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials, and punishments, or the passing or execution of any sentence, and to all proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent as near as may be, apply to information and all prosecutions and proceedings thereon. [L 1903, c 39, §5; RL 1925, §4020; RL 1935, §5493; RL 1945, §10794; RL 1955, §258-5; HRS §711-9; ren L 1972, c 9, pt of §1] Case Notes  Need not be verified. 23 H. 250, 253 (1916).  Form and content of information. 36 H. 550 (1943), aff'd 150 F.2d 545 (1945).
HI Rev Stat § 806-10 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-10 Form.

  §806-10 Form. The indictment may be substantially in the following form:  In the Circuit Court of the ............... Judicial Circuit, State of Hawaii ..............., Term 20..... The State of Hawaii vs. ........................., defendant.  The Grand Jury of the ............... Circuit of the State of Hawaii do present that (here give name or description of the accused). (Here set forth the offense and transaction according to the rules in this chapter enunciated.)  A True Bill found this .......... day of ..........., 20.....  Signed: ..............................  Foreperson of the Grand Jury.  Signed: ..............................  (Official title of prosecuting officer.) [L 1915, c 215, pt of §2; RL 1925, §4049; RL 1935, §5508; RL 1945, §10810; RL 1955, §258-20; HRS §711-10; ren L 1972, c 9, pt of §1; gen ch 1993] Revision Note  The date "19....." in the form was changed to "20....." pursuant to §23G-16. Rules of Court  Nature and contents of indictment, see HRPP rule 7(d). Case Notes  Cited: 37 H. 625, 643 (1947), questioned 82 F. Supp. 65, 104 (1948).
HI Rev Stat § 806-11 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-11 Disposal of firearms.

  §806-11 Disposal of firearms. (a) At the time of arraignment, the court shall order a defendant who is under indictment for, or who has waived indictment for, or who has been bound over to the circuit court for a felony, or any crime of violence, or an illegal sale of any drug, to dispose of all firearms and ammunition within the defendant's possession in a manner in compliance with the provisions of chapter 134 and shall inform the defendant of the provisions of section 134-7(b) and section 134-12.5. The defendant shall comply with an order issued pursuant to this section within forty-eight hours of the issuance of such order. A defendant's compliance with the forty-eight hour requirement of this section shall not give rise to a prosecution for violations of sections 134-2, 134-3 or 134-4.  (b) The court shall immediately notify the chief of police of the county where the defendant resides that the defendant has been ordered to voluntarily surrender all firearms and ammunition to the chief of police or dispose of all firearms and ammunition within the defendant's possession.  (c) If the defendant fails to voluntarily surrender all firearms and ammunition to the chief of police where the defendant resides or dispose of the firearms and ammunition within forty-eight hours of the issuance of the order, the chief of police may seize all firearms and ammunition.  (d) For the purposes of this section, "dispose" shall have the same meaning as provided in section 134-7.3. [L 1993, c 215, §4; am L 2000, c 127, §4]
HI Rev Stat § 806-16 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-16 Venue; how stated.

  §806-16 Venue; how stated. It shall not be necessary to state any venue in the body of any indictment, but the jurisdiction named in the margin thereof shall be taken to be the venue for all the facts stated in the body of the indictment; provided that in cases where local description is required, the local description shall be given in the body of the indictment. [L 1876, c 40, §12; RL 1925, §4031; RL 1935, §5495; RL 1945, §10796; RL 1955, §258-6; HRS §711-16; ren L 1972, c 9, pt of §1] Rules of Court  Venue, see HRPP rule 18. Case Notes  In margin of charge in district court, sufficient. 11 H. 435 (1898).
HI Rev Stat § 806-17 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-17 Circuits constitute district for criminal trial by jury.

  §806-17 Circuits constitute district for criminal trial by jury. The judicial circuits of the State established by section 603-1 are deemed to be the "districts" referred to in Article I, section 14, of the Constitution of the State with respect to the right to a trial by jury in criminal prosecutions, until such time as the legislature of the State shall otherwise provide. [L 1959, c 125, §2; HRS §711-17; ren L 1972, c 9, pt of §1] Rules of Court  Venue, see HRPP rule 18.
HI Rev Stat § 806-18 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-18 Change of venue.

  §806-18 Change of venue. It shall be lawful for any court of record or judge thereof, at any state of any criminal proceedings depending therein, whether the venue be by law local or not, to order that the venue be changed, and to direct that the trial be had in Honolulu or in some particular judicial circuit, in such cases and for such reasons as the justice of the case may require, and subject to such conditions as the court or judge may, in its or the judge's discretion, impose. [L 1876, c 40, §13; RL 1925, §4032; RL 1935, §5496; RL 1945, §10797; RL 1955, §258-7; HRS §711-18; ren L 1972, c 9, pt of §1; gen ch 1985] Cross References  Change of venue, see §603-37. Rules of Court  Transfer from district or circuit for trial, see HRPP rule 21.  Time of motion to transfer, see HRPP rule 22. Case Notes  Change of venue granted to facilitate production of evidence. 9 H. 360 (1894).  Change of venue lies in sound discretion of court. 11 H. 314 (1898); 46 H. 183, 377 P.2d 728 (1962).  See 3 H. 90 (1869).
HI Rev Stat § 806-21 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-21 Joinder of defendants; accessories, receivers.

Rules of Court Joinder of offenses and defendants, see HRPP rule 8.  §806-21 Joinder of defendants; accessories, receivers. Any number of accessories at different times to any felony, and any number of receivers at different times of the whole or any part or parts of any property which at one time have been stolen, taken, extorted, obtained, embezzled, or otherwise disposed of in such a manner as to amount to a felony, may be charged with substantive felonies in the same indictment and may be tried together, notwithstanding the principal felon is not included in the same indictment, or is not in custody, or amenable to justice. [L 1876, c 40, §14; RL 1925, §4038; RL 1935, §5497; RL 1945, §10798; RL 1955, §258-8; HRS §711-21; ren L 1972, c 9, pt of §1] Case Notes  Separate trial is matter in discretion of court. 3 H. 30 (1867).  Convictions against several defendants jointly charged and tried for several offenses upheld. 4 H. 509 (1882).  Joinder of principal and accessories upheld. 7 H. 734 (1889).  One may be charged in different counts in same indictment as principal and as accessory before the fact in an attempt to commit a crime; where this is done and one is convicted as principal he is not entitled to his discharge because of acquittal of his alleged principal. 11 H. 591 (1898).  Severance rests in discretion of court. 46 H. 183, 377 P.2d 728 (1962). Denial not subject to reversal unless there was clear abuse of discretion. 47 H. 185, 389 P.2d 146 (1963).  An accused person has no right to be tried with another accused with him. 53 H. 574, 499 P.2d 678 (1972).  See 3 H. 90 (1869).
HI Rev Stat § 806-22 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-22 Joinder of charges against defendant.

  §806-22 Joinder of charges against defendant. When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments, informations, or complaints, the whole may be joined in separate counts in one indictment, information, or complaint. If two or more indictments, informations, or complaints are found or entered in such cases, the court or district judge may order them to be consolidated. [L 1941, c 59, §1; RL 1945, §10799; RL 1955, §258-9; HRS §711-22; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1] Case Notes  Statute construed to apply to complaint filed in circuit court upon general appeal from district court. 37 H. 591 (1947).  See 36 H. 550 (1943), aff'd 150 F.2d 545 (1945).
HI Rev Stat § 806-23 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-23 Misjoinder.

  §806-23 Misjoinder. No indictment shall be quashed, set aside, or dismissed, nor shall any demurrer thereto be sustained for misjoinder of parties defendant or for misjoinder of offenses charged; and if either defect exists the court may sever the indictment containing it into separate indictments or into separate counts as shall be proper. [L 1915, c 215, pt of §2; RL 1925, §4047; RL 1935, §5506; RL 1945, §10808; RL 1955, §258-18; HRS §711-23; ren L 1972, c 9, pt of §1] Rules of Court  Relief from prejudicial joinder, see HRPP rule 14.  Motion in lieu of demurrer, see HRPP rule 12(a).
HI Rev Stat § 806-26 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-26 Meaning of words and phrases.

  §806-26 Meaning of words and phrases. The words and phrases used in an indictment shall be construed according to their usual acceptation, except words and phrases which have been defined by law or which have acquired a legal signification, which words and phrases shall be construed according to their legal signification and shall be sufficient to convey that meaning. [L 1915, c 215, pt of §2; RL 1925, §4041; RL 1935, §5500; RL 1945, §10802; RL 1955, §258-12; HRS §711-26; ren L 1972, c 9, pt of §1] Case Notes  Cited: 37 H. 625, 643 (1947), questioned 82 F. Supp. 65, 104 (1948).
HI Rev Stat § 806-27 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-27 Indictment; defects and omissions.

  §806-27 Indictment; defects and omissions. No indictment shall be held invalid or insufficient for want of the averment of any matter unnecessary to be proved; for any defect or omission of any matter of form only; for any miswriting, misspelling, or improper English, or the use of abbreviations, signs, symbols, or foreign words locally in common use and commonly understood; for the omission of the words "as appears upon the record", or "as appears by the record" or of the words "against the peace" or of the words "against the form of the statute" or of the words "against the form of the statutes"; or, provided jurisdiction of the court is shown with certainty sufficient to satisfy a person of ordinary intelligence, for stating time or place imperfectly or incorrectly.  No indictment shall be held invalid or insufficient for want of an averment that the grand jurors were impaneled, sworn, or charged; for want of a proper or formal conclusion; for want of or imperfection in the addition of any defendant; or because any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of the person's proper name; or because the initial of any person's given name is stated instead of the person's given name; or for want of a statement of value or price or the amount of damage or injury in any case where the value or price or the amount of damage or injury is not of the essence of the offense.  No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceedings thereon be affected, by reason of any defect or imperfection in matter or form, which shall not prejudice or tend to prejudice the defendant. [L 1876, c 40, §15; am L 1903, c 39, §7; am L 1915, c 215, §1; RL 1925, §4039; add L 1927, c 262, §1; RL 1935, §5498; RL 1945, §10800; RL 1955, §258-10; HRS §711-27; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Nature and contents of indictment, see HRPP rule 7(d). Case Notes  Variance. See 34 F.2d 86 (1929).  Indictment held demurrable for lack of particularity. 10 H. 114 (1895).  Exact date of embezzlement need not be stated in indictment. 11 H. 213 (1897).  Indictment for murder in first degree, describing the offense, is not fatally defective because in its conclusion it does not name deceased. 11 H. 293 (1898).  Ordinarily, unless excused by statute time of commission of offense must be specifically alleged. 18 H. 246 (1907).  Time need not be proved as laid where it is not of the essence of crime charged. 21 H. 214 (1912); 34 H. 209 (1937); 35 H. 571 (1940).  Sufficiency. 33 H. 180 (1934); 35 H. 324 (1940); 33 H. 560 (1935), questioned and criticized on other grounds. 36 H. 355, 361 (1943).  Indictment for burglary which stated ownership was in A instead of A and partner held not invalid. 45 H. 622, 372 P.2d 365 (1962).  Cited: 19 H. 88 (1908); 22 H. 773, 777 (1915); 37 H. 552, 553 (1947).
HI Rev Stat § 806-28 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-28 Characterization of the act.

  §806-28 Characterization of the act. The indictment need not allege that the offense was committed or the act done "feloniously", "unlawfully", "wilfully", "knowingly", "maliciously", "with force and arms", or otherwise except where such characterization is used in the statutory definition of the offense. Where the characterization is so used the indictment may employ the words of the statute or other words substantially of the same import. In alleging the transaction the indictment may use the nounal, adjectival, verbal, or adverbial form of the statutory name of the offense. [L 1915, c 215, pt of §2; RL 1925, §4040; RL 1935, §5499; RL 1945, §10801; RL 1955, §258-11; HRS §711-28; ren L 1972, c 9, pt of §1] Case Notes  As the plain language of §806-2 limits the application of the criminal procedure provisions of this chapter to the circuit courts, the appellate court erred by extending the application of this section to the district courts. 127 H. 48, 276 P.3d 617 (2012).  See 35 H. 324 (1940); 37 H. 586 (1947).
HI Rev Stat § 806-29 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-29 Exceptions need not be negatived.

  §806-29 Exceptions need not be negatived. No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that no legal excuse for the doing of the act existed in a particular case. [L 1915, c 215, pt of §2; RL 1925, §4042; RL 1935, §5501; RL 1945, §10803; RL 1955, §258-13; HRS §711-29; ren L 1972, c 9, pt of §1] Case Notes  See 33 H. 180 (1934); 33 H. 686 (1936); 36 H. 32 (1942).
HI Rev Stat § 806-30 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-30 Alternative allegations.

  §806-30 Alternative allegations. In an indictment for an offense which is constituted of one or more of several acts or which may be committed by one or more of several means or with one or more of several intents, or which may produce one or more of several results, two or more of those acts, means, intents, or results may be charged in the alternative. [L 1915, c 215, pt of §2; RL 1925, §4043; RL 1935, §5502; RL 1945, §10804; RL 1955, §258-14; HRS §711-30; ren L 1972, c 9, pt of §1] Case Notes  In robbery, the terms "from the person" and "from the custody and in the presence" are synonymous and may be alleged in alternative in an indictment. 26 H. 725 (1923).  Indictment alleging four alternative non-synonymous subjects for inquiry is defective for uncertainty. 37 H. 552 (1947).  Indictment alleging several acts in the alternative not duplicitous. 39 H. 574 (1952).  Cited: 27 H. 65 (1923), 102; 36 H. 550, 552 (1943), aff'd 150 F.2d 545 (1945).