reglab/housing_qa huggingface dataset:
HI Rev Stat § 806-61 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-61 Waiver of jury.

  §806-61 Waiver of jury. The defendant in any criminal case may, with the consent of the court, waive the right to a trial by jury either by written consent filed in court or by oral consent in open court entered on the minutes. Any case in which a trial by jury is waived may be tried by the court without a jury both as to the facts and the law, and when the trial has been had there shall be no further trial upon the facts, except upon the granting of a new trial according to law. [L 1903, c 9, §1; RL 1925, §4028; am L 1931, c 36, §1; RL 1935, §5524; RL 1945, §10825; RL 1955, §258-35; am L 1957, c 282, §10; HRS §711-61; ren L 1972, c 9, pt of §1] Rules of Court  Waiver of trial by jury, see HRPP rule 23(a). Case Notes  Facts insufficient to constitute waiver. 38 H. 178 (1948).  Method of waiver exclusive and requires substantial compliance. 39 H. 613 (1952).  Referred to in holding that court has summary jurisdiction over "petty" offenses not constitutionally required to be tried by jury. 51 H. 612, 466 P.2d 422 (1970).  Cited: 82 F. Supp. 65, 83 (1948), 20 H. 71, 95 (1910); 33 H. 113, 125 (1934).
HI Rev Stat § 806-62 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-62 Trial; order of proof and argument.

  §806-62 Trial; order of proof and argument. The prosecuting attorney shall open the case, and first introduce his witnesses and proofs, and after the evidence for the defense has been presented, and the accused or his counsel has summed up and closed his case, the prosecuting attorney may conclude the argument, and in his conclusion shall confine himself to answering any new matter or arguments presented by the defendant or his attorney. [L 1876, c 40, §45; am imp L 1907, c 37, §1; RL 1925, §4025; RL 1935, §5526; RL 1945, §10831; RL 1955, §258-41; HRS §711-62; ren L 1972, c 9, pt of §1] Cross References  Evidence, generally, see chapters 621 and 626.  Order of proof, argument, see §635-52. Rules of Court  Testimony, see HRPP rule 26.  Expert witnesses, see HRPP rule 28.  Instructions to jury, see HRPP rule 30.  Motion for judgment of acquittal, see HRPP rule 29. Case Notes  Prosecution rather than defendant may close the argument. 9 H. 288 (1893).  Opening statement. 31 H. 81 (1929); 32 H. 528 (1932).
HI Rev Stat § 806-63 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-63 Defense.

  §806-63 Defense. All persons tried for any offense shall be admitted after the close of the case for the prosecution to make full answer and defense thereto by counsel or attorney. [L 1876, c 40, §46; RL 1925, §4026; RL 1935, §5527; RL 1945, §10832; RL 1955, §258-42; HRS §711-63; ren L 1972, c 9, pt of §1] Cross References  See §801-2 and notes.
HI Rev Stat § 806-64 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-64 REPEALED.

  §806-64  REPEALED. L 1980, c 164, §14.
HI Rev Stat § 806-65 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-65 Depositions, right to inspect.

  §806-65 Depositions, right to inspect. All persons under trial shall be entitled at the time of their trial to inspect without fee or reward all depositions, or copies of the depositions, which have been taken against them, and delivered in manner by law required to the proper officer of the court before which the trial is had. [L 1876, c 40, §63; RL 1925, §4076; RL 1935, §5530; RL 1945, §10836; RL 1955, §258-46; HRS §711-67; ren L 1972, c 9, pt of §1] Cross References  See Const. art. I, §14. Rules of Court  Depositions, see HRPP rule 15.
HI Rev Stat § 806-66 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-66 REPEALED.

  §806-66  REPEALED. L 1980, c 164, §15.
HI Rev Stat § 806-71 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-71 Sentence.

  §806-71 Sentence. Except as otherwise provided by law, in all criminal cases, the court or judge before which or whom the conviction is had shall proceed as soon thereafter as may be to pass sentence according to law, which sentence shall be recorded by the clerk, or by the judge if there is no clerk, and certified to the sheriff, superintendent of Hawaii state prison, or other appropriate officer for imprisonment or other punishment, as the case may be; provided that any person convicted of a felony and sentenced to imprisonment in Hawaii state prison shall be delivered, together with the certificate of the person's sentence, to the superintendent of Hawaii state prison at Honolulu. [L 1876, c 40, §73; am L 1903, c 39, §13; RL 1925, §4093; am imp L 1932 1st, c 17, §2; RL 1935, §5542; am L 1939, c 104, §7; am L 1941, c 15, §2; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10849; RL 1955, §258-60; am L 1957, c 282, §11; am L 1963, c 34, § §1, 2 and c 85, §3; HRS §711-84; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11] Cross References  Stay, see §804-4. Rules of Court  Arrest of judgment, see HRPP rule 34.  Correction or reduction of sentence, see HRPP rule 35.  Sentence and judgment, see HRPP rule 32. Attorney General Opinions  Sentences of imprisonment to run concurrently in absence of contrary intent. Att. Gen. Op. 62-40. Case Notes  Prisoner discharged where sentence not in conformity with law. 3 H. 17 (1866).  Where sentence in mittimus is in alternative in words of statute, it is ground for discharging prisoner. 7 H. 162 (1887). Sentences intended to be cumulative should be so stated, otherwise presumption is that they are concurrent. 7 H. 162 (1887).  Courts cannot suspend sentence indefinitely. 11 H. 287 (1898); 11 H. 293, 313 (1898).  Imposition of sentence, procedure prior to adoption of Hawaii Rules of Criminal Procedure. 37 H. 477 (1947).
HI Rev Stat § 806-72 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-72 Probation officers.

  §806-72 Probation officers. Any probation officer assigned to the courts may be placed in any correctional facility to perform the probation officer's assigned duties. [L 1931, c 41, pt of §4; RL 1935, §5538; RL 1945, §10844; RL 1955, §258-54; HRS §711-78; am L 1970, c 10, §1 and c 188, §39; ren L 1972, c 9, pt of §1; am L 1973, c 179, §25; gen ch 1985]
HI Rev Stat § 806-76 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-76 Court proceedings; reports to county clerk.

  §806-76 Court proceedings; reports to county clerk. Whenever in any circuit court, family court, or district court any citizen of eighteen years of age or over is:  (1) Convicted of any felony and sentenced to a term of imprisonment; or  (2) Adjudged insane or feeble-minded or otherwise legally incompetent, the clerk of the court, in each case within twenty days thereafter, shall report to the clerk of the county in which the citizen is located the fact of the conviction or adjudication and the citizen's name, any known aliases, date of birth, social security number, and to the extent readily ascertainable by the clerk of the court, the residence address or last known residence address. For a citizen convicted of any felony and sentenced to a term of imprisonment, copies of the judgment of conviction and sentence and mittimus (warrant of commitment) shall be provided to the clerk of the county. [L 1933, c 67, pt of §2; RL 1935, §5535; RL 1945, §10841; am L 1955, c 191, §1(gg); RL 1955, §258-51; HRS §711-96; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1 and am L 1972, c 109, §2; am L 2006, c 253, §2] Cross References  Paragraph (2), see chapters 333F, 334, and 551.
HI Rev Stat § 806-81 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-81 Definitions.

 §806-81 Definitions.  In this part, unless a different meaning is plainly required:  "Legal prosecuting officer" means the attorney general or a prosecuting attorney, a deputy attorney general or a deputy prosecuting attorney, or a person designated and authorized by the attorney general or prosecuting attorney to act as a deputy attorney general or deputy prosecuting attorney, respectively. [L 2004, c 62, pt of §1]
HI Rev Stat § 806-82 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-82 Prosecution of felonies by written information.

 §806-82 Prosecution of felonies by written information. Criminal charges may be instituted by written information signed by a legal prosecuting officer and filed in the court having jurisdiction thereof when the charge is a felony for which charging by written information is permitted by section 806-83. [L 2004, c 62, pt of §1]
HI Rev Stat § 806-84 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-84 Exhibits.

 §806-84 Exhibits. (a) When an offense is prosecuted by information, the legal prosecuting officer shall attach an exhibit demonstrating the existence of probable cause to believe that the offense charged in the information has been committed and that the defendant committed the offense.  (b) The exhibit shall include an affidavit or a declaration made under penalty of law. In addition, the exhibit may include, but is not limited to, documents, photographs, audio recordings, video recordings, other recordings, and other materials or copies thereof.  (c) The legal prosecuting officer shall include within the exhibit evidence that is clearly exculpatory, but no information shall be dismissed for failure to include such evidence if the court finds that the inclusion of the clearly exculpatory evidence would not have changed the finding of probable cause.  (d) Each signed statement of any person whose name appears as a witness in any affidavit or declaration that is part of the exhibit regarding the charged offense shall be made part of the filing if:  (1) It is in the possession of the legal prosecuting officer, the police, other county or state law enforcement agents; or  (2) It is in the possession of a federal law enforcement officer and:  (A) The legal prosecuting officer is aware of and able to timely obtain the statement; and  (B) The statement is one that the legal prosecuting officer would be required to produce in discovery.  (e) Statements made part of the filing pursuant to subsection (d) may be redacted to remove the social security number, address, or phone number of any person.  (f) An information shall not be dismissed for failure to attach or file any such statement described in subsection (d). Any such statement shall be promptly provided to the defendant, or filed with the court if the location of the defendant is unknown or the defendant is without counsel, upon discovery by the legal prosecuting officer.  (g) The information shall be filed in the circuit court, and may be filed under seal with leave of court on good cause shown. All exhibits in support of the information shall be filed under seal in the circuit court. [L 2004, c 62, pt of §1]
HI Rev Stat § 806-85 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-85 Probable cause.

 §806-85 Probable cause. (a) When an information is filed, the court having jurisdiction shall review the information and its exhibit to determine whether there is probable cause to believe that the offense charged was committed and that the defendant committed the offense charged.  (b) A finding of the existence of probable cause or lack thereof may be based in whole or in part upon hearsay evidence or upon evidence that may ultimately be ruled to be inadmissible at the trial.  (c) If the court finds that there is probable cause to believe that the offense charged was committed and that the defendant committed the offense charged, the court shall set bail and direct the clerk to issue a warrant for the arrest of the defendant.  (d) As used in this section, "court having jurisdiction" and "court" mean the circuit court; provided that the chief justice may by order authorize district court judges to make probable cause determinations, set bail, and direct the issuance of arrest warrants, as provided by this section. [L 2004, c 62, pt of §1]
HI Rev Stat § 806-86 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-86 Procedure for motion to dismiss.

 §806-86 Procedure for motion to dismiss. (a) The defendant may move in circuit court to dismiss the information on the grounds that the information and its exhibit do not establish the existence of probable cause to believe that the offense charged was committed or probable cause to believe that the defendant committed the offense.  (b) Upon the filing of the motion to dismiss, the court shall conduct a hearing within a reasonable time, but no later than thirty days after filing, except as otherwise agreed upon by the parties.  (c) If the defendant is incarcerated the court shall conduct a hearing no later than fifteen days after filing, except as otherwise agreed upon by the parties.  (d) An information shall not be dismissed due to the failure of the court to conduct a hearing within the periods of time stated above; provided, that if the defendant is incarcerated due to an inability to post the previously set bail and a hearing is not held within the specified time period, the court shall immediately hold a hearing to consider whether the defendant should be released upon reasonable conditions set by the court.  (e) The information and all its attachments shall be considered by the court and made a part of the record at a hearing on the motion to dismiss the information. [L 2004, c 62, pt of §1]
HI Rev Stat § 806-87 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-87 Evidence at hearing on motion to dismiss.

 §806-87 Evidence at hearing on motion to dismiss. (a) The defendant may introduce evidence at the hearing. The defendant may also subpoena and call witnesses if the motion is accompanied by a declaration stating that counsel for the defendant (or the defendant if appearing without counsel) has a good faith basis to believe that each witness subpoenaed will provide specific testimony to help demonstrate that the information and its exhibit or exhibits do not establish the existence of probable cause to believe that the offense charged has been committed or probable cause to believe that the defendant committed the offense charged.  (b) The court may, in its discretion, permit the State to call witnesses, introduce evidence, or otherwise supplement the exhibit or exhibits appended to the information. [L 2004, c 62, pt of §1]
HI Rev Stat § 806-88 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-88 Ruling on motion to dismiss.

  §806-88 Ruling on motion to dismiss. (a) The court shall determine from an examination of the information and its attachments, and in light of any evidence presented at a hearing on a motion to dismiss the information, whether the information and its attachments establish the existence of probable cause to believe that the offense charged has been committed and that the defendant committed the offense charged.  (b) A finding of the existence of probable cause or lack thereof may be based in whole or in part upon hearsay evidence or on evidence that may ultimately be ruled to be inadmissible at the trial. [L 2004, c 62, pt of §1]
HI Rev Stat § 806D-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806D. Criminal Process Records|806D-1 Definitions.

 §806D-1 Definitions. Whenever used in this chapter, unless otherwise apparent from the context:  "Adverse result" includes one or more of the following possible consequences:  (1) Danger to the life or physical safety of an individual;  (2) A flight from prosecution;  (3) The destruction of, potential loss of, or tampering with evidence;  (4) The intimidation of potential witnesses; or  (5) Jeopardy to an investigation or undue delay of a trial.  "Applicant" means a law enforcement officer, prosecuting attorney or deputy prosecuting attorney, attorney general or deputy attorney general, or defense attorney who is seeking criminal process under section 806D-2.  "Criminal process" means a search warrant or legal process issued pursuant to chapters 28, 621, 622, and 803; the Hawaii rules of penal procedure; and any other legal process signed by a judge or clerk of the district or circuit court and issued in a criminal matter that allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the State.  "Defense attorney" means an attorney of record for a person charged with a crime, when such attorney is seeking the issuance of criminal process for the defense of the criminal case.  "Properly served" means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process.  "Recipient" means a person, as defined in section 701-118, or a business, as defined in section 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served. [L 2012, c 325, pt of §2; am L 2014, c 219, §1; am L 2016, c 160, §1]
HI Rev Stat § 806D-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806D. Criminal Process Records|806D-2 Production of records.

  §806D-2 Production of records. (a) This section shall apply to any criminal process allowing for search of or commanding production of records that are in the actual or constructive possession of a recipient who is properly served outside the State, regardless of whether the recipient or the records are physically located within the State.  (b) When properly served with criminal process issued under this section, the recipient shall provide the applicant all records sought pursuant to the criminal process. The records shall be produced within twenty business days of service of the criminal process, unless the process requires earlier production. An applicant may consent to a recipient's request for additional time to comply with the criminal process.  (c) Criminal process issued under this section shall contain the following language in bold type on the first page of the document:  "This [warrant, subpoena, order] is issued pursuant to §806D-2, Hawaii Revised Statutes. Production is due within twenty business days of service, unless a shorter time is stated herein, or the applicant consents to a recipient's request for additional time to comply."  (d) If the issuing court finds reason to suspect that failure to produce records within twenty business days would cause an adverse result, the criminal process may require production of records within less than twenty business days. The court may reasonably extend the time required for production of the records upon finding that the recipient has shown good cause for requesting that extension and that an extension of time would not cause an adverse result.  (e) When properly served with criminal process issued under this section, a recipient who seeks to quash the criminal process may seek relief from the issuing court only within the time originally required for production of records. The issuing court shall hear and decide the motion no later than five court days after the motion is filed. An applicant's consent, under subsection (b), to a recipient's request for additional time to comply with the criminal process shall not extend the date by which a recipient who seeks relief may do so. [L 2012, c 325, pt of §2]
HI Rev Stat § 806D-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806D. Criminal Process Records|806D-4 Service of process issued by or in another state.

  §806D-4 Service of process issued by or in another state. (a) When a Hawaii recipient is properly served with process issued by or in another state that commands the production of records in the actual or constructive possession of that person or business, and such process on its face purports to be a valid process based on a pending criminal investigation or prosecution in that other state, the Hawaii recipient shall comply with that process as if that process had been issued by a Hawaii court; provided that the issuing state has a statute authorizing the production of records held by out-of-state persons or businesses.  (b) The service of process issued by or in another state shall include the following information:  (1) The name, office, business address, telephone number, and electronic mail address of the person applying for the issuance of the service of process;  (2) The statute authorizing the production of records held by out-of-state persons or businesses; and  (3) The relevant criminal statutes upon which the pending investigation or prosecution is based.  (c) As used in this section, "Hawaii recipient" means a recipient who is physically present in the State of Hawaii. [L 2012, c 325, pt of 2; am L 2014, c 219, §2]
HI Rev Stat § 806D-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806D. Criminal Process Records|806D-5 Recipients' immunity from liability.

  §806D-5 Recipients' immunity from liability. A recipient of criminal process under this chapter, and any other person that responds to such process is immune from civil and criminal liability for complying with the process, and for any failure to provide notice of any disclosure to the person who is the subject of or identified in the disclosure. [L 2012, c 325, pt of §2]
HI Rev Stat § 806D-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806D. Criminal Process Records|806D-6 Issuance of criminal process.

  §806D-6 Issuance of criminal process. A judge of the district or circuit court may issue any criminal process to any recipient at any address within or out of the State, for any matter over which the court has criminal jurisdiction pursuant to section 701-106. This section does not limit a court's authority to issue warrants or legal process under other state law. [L 2012, c 325, pt of §2]
HI Rev Stat § 831-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|831. Uniform Act on Status of Convicted Persons|831-1 Definition.

  §831-1 Definition. In this chapter, "felony" means an offense that is punishable with imprisonment for a term which is in excess of one year. [L 1969, c 250, pt of §1; HRS §716-1; ren L 1972, c 9, pt of §1; am L 1975, c 14, §1]