reglab/housing_qa huggingface dataset:
HI Rev Stat § 635-3 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-3 Dismissal for want of prosecution.

  §635-3 Dismissal for want of prosecution. The court may dismiss any action for want of prosecution after due notice to the claimants whenever claimants have failed to bring such action to trial within a period established by rule of court. Prior to dismissal of any action for want of prosecution, a court shall have adopted, promulgated, and published a rule or rules of court providing circumstances in which a claimant may seek relief from the judgment or order and such other safeguards as may be necessary. CC 1859, §1162; RL 1925, §2391; RL 1935, §4106; am L 1937, c 117, §1; am L 1939, c 145, §1; am L Sp 1941, c 56, §1; RL 1945, §10104; RL 1955, §231-4; HRS §635-3; am L 1972, c 89, §2B(a) Rules of Court  Dismissal, see HRCP rule 41(b). Law Journals and Reviews  Remedies to obtain dismissal for want of prosecution discussed. 3 HBJ, no. 3, at 2 (1965). Case Notes  Defendant's joining in stipulation to remove a cause from trial calendar is action of the "defendant to delay or postpone trial". 45 H. 165, 363 P.2d 968 (1961).  Question as to continued effectiveness of section in view of HRCP 41(b) raised but not decided. 45 H. 165, 363 P.2d 968 (1961).  Matter of continuance in view of public climate is within court's discretion. 45 H. 478, 370 P.2d 739 (1962).  Application of six-year provision. 48 H. 152, 397 P.2d 593 (1964); 48 H. 290, 401 P.2d 449 (1965); 48 H. 303, 401 P.2d 456 (1965).  Factors to be considered in the exercise of the discretion to dismiss. 60 H. 125, 588 P.2d 416 (1978). Cases prior to adoption of the Hawaii Rules of Civil Procedure.  Notice of motion, how made. 1 H. 14 (1847).  Rules for postponement of trial laid down. 1 H. 74 (1852).  Granting or refusing continuance at discretion of court. 7 H. 211 (1888); 8 H. 466 (1892); 14 H. 313 (1902); 29 H. 434 (1926); 33 H. 113 (1934); 34 H. 390 (1937).  Affidavit in support of continuance because of absence of witness should set out facts the witness is expected to prove. 8 H. 466 (1892).  Cited: 24 H. 97, 107 (1917); 33 H. 432, 439 (1935).
HI Rev Stat § 635-4 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-4 REPEALED.

  §635-4 REPEALED. L 1972, c 89, §2B(n).
HI Rev Stat § 635-11 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-11 REPEALED.

  §635-11 REPEALED. L 1972, c 89, §2B(n).
HI Rev Stat § 635-12 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-12 No jury, when.

  §635-12 No jury, when. (a) When there is no right of trial by jury, or the right has been waived, the issues shall be determined by the judge without the intervention of a jury.  (b) Whenever provision is made by statute for trial without the intervention of a jury, the same shall not be deemed to preclude trial of an issue with an advisory jury, or trial by jury by consent of the parties.  (c) Whenever a statute provides for waiver of a jury, the same shall not be deemed to preclude trial by jury when, in accordance with the rules of court:  (1) An order of the court relieves a party from the party's waiver; or  (2) Approval of or consent to the waiver is required in a criminal case and has not been given. [L 1892, c 57, §40; RL 1925, §2250; RL 1935, §3646; RL 1945, §9650; RL 1955, §215-20; HRS §635-12; am L 1972, c 89, §2B(b); gen ch 1985; am L 2016, c 55, §29] Rules of Court  Right to trial by jury, see HRCP rule 38(a). Advisory jury, see HRCP rule 39(c). Case Notes  Constitutional right to jury trial may be waived; noncompliance with statute constitutes waiver. 53 H. 372, 493 P.2d 1032 (1972).
HI Rev Stat § 635-13 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-13 Jury, when of right.

  §635-13 Jury, when of right. When the right of trial by jury is given by the Constitution or a statute of the United States or this State and the right has not been waived, the case shall be tried with a jury. CC 1859, §1130; am L 1909, c 23, §1; RL 1925, §2367; RL 1935, §4098; RL 1945, §10108; RL 1955, §231-8; HRS §635-13; am L 1972, c 89, §2B(c) Rules of Court  Demand for jury trial, see HRCP rules 38, 39; DCRCP rule 38; waiver, see HRPP rule 23. Law Journals and Reviews  Blast It All: Allen Charges and the Dangers of Playing With Dynamite. 32 UH L. Rev. 323 (2010). Case Notes  Jury trial, when available. 50 H. 528, 445 P.2d 376 (1968).  Based on the established common law convention of this jurisdiction at the time of adoption of the state constitution, as a general matter, a right to jury trial exists in state eminent domain proceedings. 91 H. 81, 979 P.2d 1107 (1999).  Where third party leasing agents were not parties to lease agreement between landlord and tenant, express waiver of right to jury trial in agreement did not apply to those third parties. 85 H. 300 (App.), 944 P.2d 97 (1997). Cases prior to adoption of the Hawaii Rules of Civil Procedure.  Jury trial may be waived by inaction as well as by positive acts of the parties. Demand for jury trial in complaint is insufficient. 24 H. 777, 780 (1919). See 28 H. 350, 364 (1925); 10 F.2d 474, 477 (1926).  District magistrate may try a defendant after defendant has demanded a jury trial. 27 H. 844 (1924).  Cited: 3 H. 546, 547 (1874).  See 33 H. 103 (1934); 33 H. 167 (1934); 33 H. 247 (1934); 33 H. 315 (1935) (construction of writing); 33 H. 523 (1935) (directed verdict); 33 H. 745 (1936) (experiments); 34 H. 35 (1936) (nonsuit); 34 H. 632 (1938) (misconduct).
HI Rev Stat § 635-15 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-15 REPEALED.

  §635-15 REPEALED. L 1980, c 164, §11.
HI Rev Stat § 635-16 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-16 REPEALED.

  §635-16 REPEALED. L 1972, c 89, §2B(n).
HI Rev Stat § 635-17 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-17 REPEALED.

  §635-17 REPEALED. L 1980, c 164, §12.
HI Rev Stat § 635-20 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-20 Less than unanimous verdict authorized.

  §635-20 Less than unanimous verdict authorized. In all civil cases tried before a jury it shall be sufficient for the return of a verdict if at least five-sixths of the jurors agree on the verdict. [L 1965, c 171, §1; Supp, §231-28; HRS §635-20] Cross References  Trial by jury, see Const. art. I, §13. Rules of Court  See HRCP rule 48.
HI Rev Stat § 635-26 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-26 Impaneling.

  §635-26 Impaneling. (a) At the trial of any cause requiring a jury in any circuit or district court, the clerk of the court shall draw a jury by lot, to the number of twelve, from the box containing the names of persons who have been duly summoned to attend as trial jurors and who are not excused from attendance. If any of the twelve are challenged and set aside, the clerk shall continue to draw by lot from the box until twelve impartial jurors are obtained, who then shall be sworn as the jurors for the trial of the cause. If so directed by the court, additional jurors shall be drawn and impaneled to sit as alternate jurors.  (b) Upon the stipulation of the parties, the jury may consist of a number less than twelve. [L 1903, c 38, §12; RL 1925, §2415; RL 1935, §3733; RL 1945, §10109; RL 1955, §231-9; HRS §635-26; am L 1972, c 89, §2B(f), (g); am L 1993, c 104, §3] Cross References  Jurors, see chapter 612. Rules of Court  Alternate jurors, see HRCP rule 47(b); HRPP rule 24(c). Jury of less than twelve when stipulated, see HRCP rule 48; HRPP rule 23(b). Attorney General Opinions  Because proposed amendment to this section conflicted with §13 of article I of state constitution, a constitutional amendment for changing number of jury members in civil cases, where there is no agreement by the parties, was required. Att. Gen. Op. 97-2. Law Journals and Reviews  The Protection of Individual Rights Under Hawai €˜i's Constitution. 14 UH L. Rev. 311 (1992). Case Notes  Oath requiring jury to give a true verdict according to the law and the evidence in the case before the court, is sufficient without adding to truly try the issues. 18 H. 263 (1907).  Section requires "strike and replace jury" method of impanelment in contrast to "struck jury" method used by trial judge. 73 H. 100, 828 P.2d 276 (1992).
HI Rev Stat § 635-27 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-27 Examination for cause.

  §635-27 Examination for cause. Each party shall have the right, under the direction of the court, to examine a proposed juror as to the proposed juror's qualifications, interest, or bias that would affect the trial of the cause and as to any matter that might tend to affect the proposed juror's verdict. Each party may introduce competent evidence to show the disqualification, interest, or bias of any juror. [L 1905, c 5, §1; RL 1925, §2416; am L 1931, c 294, §1; RL 1935, §3734; RL 1945, §10110; RL 1955, §231-10; HRS §635-27; am L 1972, c 89, §2B(h); gen ch 1985] Cross References  Grounds for disqualification, see § §612-4 and 612-5. Rules of Court  See HRCP rule 47(a); HRPP rule 24(a). Case Notes  Prospective juror must be challenged for cause before juror is sworn. 5 H. 634 (1886).  Statement of juror though not sworn may be relied upon. 9 H. 622 (1895).  Refusal to sustain challenges for proper cause may result in reversible error. 23 H. 792 (1917).  Examination of prospective jurors upon voir dire party entitled to ask questions which will aid judge in determining whether juror should be excused for cause and also, within reasonable limits, all questions which may enlighten attorney upon question whether attorney should exercise peremptory challenges. 32 H. 543 (1932).  Court's refusal to allow voir dire inquiries into specific possible prejudices of prospective jurors upheld as within discretion. 57 H. 492, 559 P.2d 728 (1977).  Cited: 20 H. 7, 15 (1910).
HI Rev Stat § 635-29 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-29 Challenging peremptorily.

  §635-29 Challenging peremptorily. (a) In addition to the challenges of jurors allowed in section 635-28, the State and defendant in criminal cases shall be allowed peremptory challenges as provided by section 635-30.  (b) In civil cases each party shall be allowed to challenge peremptorily three jurors, without assigning any reason therefor. Where there are two or more plaintiffs or two or more defendants, they may be considered as a single party for the purposes of making peremptory challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. If additional peremptory challenges are allowed to the parties on one side, the opposing party or parties may be allowed additional peremptory challenges.  (c) If an alternate juror or alternate jurors are to be impaneled, one or more additional peremptory challenges shall be allowed as provided by the rules of court. [L 1903, c 38, §20; RL 1925, §2418; am L 1927, c 39, §1; am L 1932 1st, c 11, §1; RL 1935, §3736; RL 1945, §10112; RL 1955, §231-12; HRS §635-29; am L 1972, c 89, §2B(j)] Rules of Court  Peremptory challenges in criminal cases, see HRPP rule 24(b).  Sequence for challenging jurors, see RCC rule 17(f). Case Notes  Where four joint defendants joined in each of ten challenges, held that they had exercised their full right of challenge, although each would have been allowed ten challenges if taken separately. 3 H. 90 (1869).  Erroneous overriding of an objection to a juror by court avails nothing to the party objecting if party has not exhausted party's peremptory challenges. 8 H. 339 (1892).  Prejudicial if accused compelled to exhaust peremptory challenges. 23 H. 792 (1917).  Defendant's right to one peremptory challenge to alternate jurors under HRPP rule 24(c) is a right pertaining to all the alternate jurors and therefore defendant shall not be called upon to exercise the challenge until all potential alternate jurors have been examined and passed on challenges for cause. 79 H. 165 (App.), 880 P.2d 217 (1994).  Denial of defendant's statutory right to peremptorily challenge alternate jurors resulted in improper impaneling of alternate juror and was plain error. 82 H. 499 (App.), 923 P.2d 916 (1996).  Discussed: 86 H. 214, 948 P.2d 1055 (1997).  See 9 H. 522 (1894); 11 H. 293 (1898).
HI Rev Stat § 635-30 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-30 Peremptory challenges, criminal cases.

  §635-30 Peremptory challenges, criminal cases. In criminal cases, if the offense charged is punishable by life imprisonment, each side is entitled to twelve peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed six challenges. In all other criminal trials by jury each side is entitled to three peremptory challenges. If there are two or more defendants jointly put on trial for such an offense, each of the defendants shall be allowed two challenges. In all cases the State shall be allowed as many challenges as are allowed to all defendants. [L 1903, c 38, §21; am L 1915, c 73, §1; RL 1925, §2419; am L 1932 1st, c 11, §2; RL 1935, §3737; RL 1945, §10113; RL 1955, §231-13; am imp L 1957, c 282; HRS §635-30; am L 1972, c 89, §2B(k)] Rules of Court  See HRPP rule 24(b).  Sequence for challenging jurors, see RCC rule 17(f). Law Journals and Reviews  State v. Levinson: Limitations on a Criminal Defendant's Use of Peremptory Challenges. 13 UH L. Rev. 279 (1991). Case Notes  Where four joint defendants joined in each of ten challenges, held that they had exercised their full right of challenge, although each would have been allowed ten challenges if taken separately. 3 H. 90 (1869).  Defendant allowed twelve peremptory challenges only when the charged offense itself carries penalty of life imprisonment. 65 H. 354, 652 P.2d 1119 (1982).  Circuit court plainly erred where, during jury selection, it removed two jurors for cause on the motion of respondent after the jury panel already had been passed for cause, and defendant and respondent had already exhausted their peremptory challenges; this procedure violated rule 24 of the HRPP, which provides that challenges for cause may be made at any time prior to the exercise of peremptory challenges, and in effect abrogated the parity in the number of peremptories each side is guaranteed pursuant to this section. 127 H. 415, 279 P.3d 683 (2012).
HI Rev Stat § 635-31 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-31 REPEALED.

  §635-31 REPEALED. L 1972, c 89, §2B(n).
HI Rev Stat § 635-32 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-32 Segregation during trial.

  §635-32 Segregation during trial. It shall not be necessary in any case for any trial jury after having been finally accepted and sworn to try the cause, to be segregated, locked up, or otherwise confined at any time prior to retiring to deliberate upon their verdict; provided that the court may in its discretion order and direct that the trial jury in any case shall be segregated, locked up, or otherwise confined after being finally accepted and sworn to try the cause and until a verdict is arrived at or the jury discharged. [L 1905, c 75, §1; RL 1925, §2424; RL 1935, §3740; RL 1945, §10116; RL 1955, §231-16; HRS §635-32; am L 1972, c 89, §2B(1)] Case Notes  In case not capital, discretion of court to segregate jurors during trial. 9 H. 522 (1894).  Failure to segregate in capital case (now life imprisonment) not error. 30 H. 697 (1929).  Separation of jury and use of liquor, not prejudicial as matter of law. 45 H. 457, 370 P.2d 468 (1962).  Review of nonevidentiary table posted in courtroom by juror coming out of jury room during deliberations. 49 H. 116, 121-126, 412 P.2d 662 (1966).
HI Rev Stat § 635-51 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-51 REPEALED.

  §635-51 REPEALED. L 1972, c 89, §2B(n).
HI Rev Stat § 635-52 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-52 Scope of argument.

  §635-52 Scope of argument. [(a)] At the close of the evidence (unless the court directs a verdict, or orders entry of a judgment of acquittal), the respective parties, or their counsel, shall be entitled to sum up the facts to the jury. In their addresses to the jury they shall be allowed ample scope and latitude for argument upon, and illustration of[,] any and all facts involved in the cause, and the evidence tending to either prove or disprove the same. They shall not be forbidden to argue the law of the case to the jury, but they shall not assume to instruct the jury upon the law, in such manner as to encroach upon the function of the court to so instruct the jury.  [(b)] In all actions for damages for personal injuries or death the parties or their counsel shall be entitled to argue the extent of damages claimed or disputed in terms of suggested formulas for the computation of damages or by way of other illustration, and shall be entitled to state in argument the amount of damages the party believes appropriate. [L 1892, c 56, §8; RL 1925, §2425; RL 1935, §3741; RL 1945, §10121; RL 1955, §231-21; am L 1967, c 241, §1; HRS §635-52; am L 1972, c 89, §2B(m)] Case Notes  Background of last paragraph [subsection (b)], see 47 H. 408, 390 P.2d 740 (1964); 48 H. 22, 395 P.2d 365 (1964).  Counsel in argument may suggest lump sum amount for general damages and also may suggest fragmented segments of lump sum amounts if borne out by the evidence. 50 H. 89, 431 P.2d 931 (1967).  Counsel may make formula arguments for damages in personal injury cases. 51 H. 383, 463 P.2d 917 (1969).  Cited for rule that the court finds the law and instructs the jury thereon, including law of a treaty. 54 H. 450, 509 P.2d 1095 (1973).  Where defendant sought to draw adverse inference from the failure by the prosecution to present a witness, prosecution was entitled to explain the nonproduction. 57 H. 150, 552 P.2d 357 (1976).  On issue of amount of damages for violation of Fourth Amendment rights, plaintiff may argue the history of that Amendment to support plaintiff's claim. 57 H. 390, 557 P.2d 1334 (1976).
HI Rev Stat § 635-57 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|635. Trials|635-57 REPEALED.

  §635-57 REPEALED. L 1972, c 89, §2B(n).
HI Rev Stat § 636-3 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636. Judgment|636-3 Judgment, orders, decrees; lien when.

  §636-3 Judgment, orders, decrees; lien when. Any money judgment, order, or decree of a state court or the United States District Court for the District of Hawaii shall be a lien upon real property when a copy thereof, certified as correct by a clerk of the court where it is entered, is recorded in the bureau of conveyances. No such lien shall continue beyond the length of time the underlying judgment, order, or decree is in force. Except as otherwise provided, every judgment shall contain or have endorsed on it the Hawaii tax identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment, order, or decree is rendered. If the debtor has no social security number, Hawaii tax identification number, or federal employer identification number, or if that information is not in the possession of the party seeking registration of the judgment, order, or decree, the judgment, order, or decree shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking recordation of the judgment. Failure to disclose or disclosure of an incorrect social security number, Hawaii tax identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon recordation of the judgment, order, or decree. When any judgment, order, or decree is fully paid, the creditor or the creditor's attorney of record in the action, at the expense of the debtor, shall execute, acknowledge, and deliver to the debtor a satisfaction thereof, which may be recorded in the bureau. Every satisfaction or assignment of judgment, order, or decree shall contain a reference to the book and page or document number of the registration of the original judgment. The recording fees for a judgment, order, or decree and for each assignment or satisfaction of judgment, order, or decree shall be as provided by section 502-25.  In the case of registered land, sections 501-241 to 501-248 and part II of chapter 501 shall govern.  The party seeking to record or register a judgment, order, or decree shall redact the first five digits of any social security number by blocking the numbers out on the copy of the judgment, order, or decree to be recorded or registered. [L 1913, c 32, §1; RL 1925, §2435; am L 1929, c 27, §2; RL 1935, §4133; am L 1939, c 15, §1; RL 1945, §10134; am L 1947, c 158, §2; RL 1955, §232-4; am L 1966, c 33, §6; HRS §636-3; am L 1972, c 89, §3(a); gen ch 1985; am L 1989, c 47, §16; am L 1990, c 203, §5; am L 1998, c 219, §15; am L 2006, c 155, §1; am L 2008, c 86, §4; am L 2009, c 5, §4 and c 120, §15; am L 2013, c 119, §10; am L 2014, c 19, §4] Cross References  Recordation, see §502-31.5. Rules of Court  Recordation, see RLC rule 62(e).
HI Rev Stat § 636-4 (2021)
2021 Hawaii Revised Statutes|Title 34. Pleadings and Procedure|636. Judgment|636-4 Examination of judgment debtors and others.

  §636-4 Examination of judgment debtors and others. Any creditor who has obtained a judgment in any court, or the creditor's successor in interest when that interest appears of record, may apply to the court for the issuance of orders, summons, or subpoenas, in order that the judgment debtor, and any other person having any knowledge about the affairs or property of the judgment debtor, may be examined orally before, or as directed by, a judge of the court as to any and what property the debtor owns or has an interest in and what debts are owing to the debtor, and the court may issue such orders, summons, or subpoenas, for the examination of the judgment debtor and any other person having any knowledge about the affairs or property of the judgment debtor, and for the production of any books or documents. The examination shall be conducted in the same manner as in the case of an oral examination of witnesses. If the court finds that the judgment debtor subsequent to the entry of judgment has wilfully concealed any of the judgment debtor's property or any interest therein the court shall tax all costs of the examination against the defendant, which shall be paid when the judgment is satisfied, in whole or in part, as a cost of execution. [L 1876, c 35, §4; am L 1915, c 10, §1; RL 1925, §2834; RL 1935, §4134; am L 1939, c 24, §1; RL 1945, §10135; RL 1955, §232-5; HRS §636-4; am L 1972, c 89, §3(b); gen ch 1985] Rules of Court  See HRCP rule 69; DCRCP rule 69. Case Notes  Petition to any court to issue a garnishee summons must be in writing and contain a specific request for garnishee process. 5 H. 664 (1886).  Execution not a condition precedent. 19 H. 625 (1909).  Order to show cause. 22 H. 229 (1914).  Applies only to proceedings after judgment. 27 H. 749, 753 (1924).  Cited: 24 H. 16, 18 (1917).