reglab/housing_qa huggingface dataset:
HI Rev Stat § 835-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|835. Securing Attendance of Witness by Material Witness Order|835-4 Material witness order; arraignment.

  §835-4 Material witness order; arraignment. (a) When the prospective witness appears before the court, the court must inform the prospective witness of the nature and purpose of the proceeding, and that the prospective witness is entitled to a prompt hearing upon the issue of whether the prospective witness should be adjudged a material witness. The prospective witness possesses all the rights, and is entitled to all the court instructions, with respect to right to counsel, opportunity to obtain counsel and assignment of counsel in case of financial inability to retain such, which, pursuant to rule 5(d)(1), Hawaii rules of criminal procedure, accrue to a defendant arraigned upon a felony complaint in the district court.  (b) If the proceeding is adjourned at the prospective witness' instance, for the purpose of obtaining counsel or otherwise, the court must order the prospective witness to appear upon the adjourned date. The court may further fix bail to secure the prospective witness' appearance upon such date or until the proceeding is completed and, upon default thereof, may commit the prospective witness to the custody of the chief of police for such period. [L 1971, c 214, pt of §1; HRS §718-4; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 835-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|835. Securing Attendance of Witness by Material Witness Order|835-5 Material witness order; hearing, determination and execution of order.

  §835-5 Material witness order; hearing, determination and execution of order. (a) The hearing upon the application must be conducted as follows:  (1) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support a material witness order, and any testimony so adduced shall be given under oath;  (2) The prospective witness shall testify under oath;  (3) The prospective witness may call witnesses in his behalf, and the court must cause process to be issued for any such witness whom he reasonably wished to call, and any testimony so adduced shall be given under oath;  (4) Upon the hearing, evidence tending to demonstrate that the prospective witness does or does not possess information material to the criminal action in issue, or that he will or will not be amenable or respond to a subpoena at the time his attendance will be sought, is admissible even though it consists of hearsay.  (b) If the court is satisfied after such hearing that there is reasonable cause to believe that the prospective witness[:]  (1) Possesses information material to the pending action or proceeding[;] and  (2) Will not be amenable or respond to a subpoena at a time when his attendance will be sought[;] it may issue a material witness order, adjudging him a material witness and fixing bail to secure his future attendance.  (c) A material witness order must be executed as follows:  (1) If the bail is posted and approved by the court, the witness must be released and be permitted to remain at liberty; provided that where the bail is posted by a person other than the witness himself, he may not be so released except upon his signed written consent thereto;  (2) If the bail is not posted, or if though posted it is not approved by the court, the witness must be committed to the custody of the chief of police. [L 1971, c 214, pt of §1; HRS §718-5; ren L 1972, c 9, pt of §1] Revision Note  In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2) pursuant to §23G-15.
HI Rev Stat § 835-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|835. Securing Attendance of Witness by Material Witness Order|835-6 Material witness order; vacation, modification and amendment thereof.

  §835-6 Material witness order; vacation, modification and amendment thereof. (a) At any time after a material witness order has been issued the court must, upon application of such witness, with notice to the party upon whose application the order was issued, and with opportunity to be heard, make inquiry whether by reason of new or changed facts or circumstances the material witness order is no longer necessary or warranted, or, if it is, whether the original bail currently appears excessive. Upon making any such determination, the court must vacate the order. If its determination is that the order is no longer necessary or warranted, it must, as the situation requires, either discharge the witness from custody or exonerate the bail. If its determination is that the bail is excessive, it must issue a new order fixing bail in a lesser amount or on less burdensome terms.  (b) At any time when a witness is at liberty upon bail pursuant to a material witness order, the court may, upon application of the party upon whose application the order was issued, with notice to the witness if possible and to the witness' attorney if any and opportunity to be heard, make inquiry whether, by reason of new or changed facts or circumstances, the original bail is no longer sufficient to secure the future attendance of the witness at the pending action. Upon making such a determination, the court must vacate the order and issue a new order fixing bail in a greater amount or on terms more likely to secure the future attendance of the witness. [L 1971, c 214, pt of §1; HRS §718-6; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 835-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|835. Securing Attendance of Witness by Material Witness Order|835-7 Material witness order; compelling attendance of witness who fails to appear.

  §835-7 Material witness order; compelling attendance of witness who fails to appear. If a witness at liberty on bail pursuant to a material witness order cannot be found or notified at the time the witness' appearance as a witness is required, or if after notification the witness fails to appear in such action or proceeding as required, the court may issue a warrant, addressed to a police officer, directing such officer to take such witness into custody anywhere within the State and to bring the witness to the court forthwith. [L 1971, c 214, pt of §1; HRS §718-7; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 835-8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|835. Securing Attendance of Witness by Material Witness Order|835-8 Material witness order; witness fee.

  §835-8 Material witness order; witness fee. A witness held in the custody of the chief of police as a result of a material witness order must be paid the sum of twenty dollars per day for each day of confinement in such custody. Such compensation is a county charge and is payable upon release of such material witness from custody or, in the discretion of the court, at any designated times or intervals during the confinement as the court may deem appropriate. [L 1971, c 214, pt of §1; HRS §718-8; ren L 1972, c 9, pt of §1]
HI Rev Stat § 836-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings|836-1 Definitions.

  §836-1  Definitions. As used in this chapter:  "State" includes any state, territory, or possession, of the United States, the Commonwealth of Puerto Rico, and the District of Columbia.  "Summons" includes a subpoena ad testificandum and subpoena duces tecum, order, or other notice requiring the appearance of a witness.  "Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. [L 1971, c 116, §1; HRS §719-1; ren L 1972, c 9, pt of §1; am L 2012, c 325, §3]
HI Rev Stat § 836-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings|836-3 Witness from another state summoned to testify in this State.

  §836-3 Witness from another state summoned to testify in this State. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure the witness' attendance in this State. This certificate shall be presented to a judge of a court of record in the judicial district in which the witness is found.  If the witness is summoned to attend and testify in this State the witness shall be tendered a sum equivalent to the cost of round-trip air fare to the place where the prosecution is pending and $60 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. [L 1971, c 116, §3; HRS §719-3; ren L 1972, c 9, pt of §1; am L 1980, c 307, §1; gen ch 1985]
HI Rev Stat § 836-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings|836-4 Exemption from arrest and service of process.

  §836-4 Exemption from arrest and service of process. If a person comes into this State in obedience to a summons directing the person to attend and testify in this State the person shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons.  If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons. [L 1971, c 116, §4; HRS §719-4; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 836-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings|836-5 Uniformity of interpretation.

  §836-5 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. [L 1971, c 116, §5; HRS §719-5; ren L 1972, c 9, pt of §1]
HI Rev Stat § 836-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings|836-6 Short title.

  §836-6 Short title. This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings". [L 1971, c 116, §6; HRS §719-6; ren L 1972, c 9, pt of §1]
HI Rev Stat § 841-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-1 Who are coroners.

  §841-1 Who are coroners. The chief of police or his authorized subordinate of the counties of Hawaii, Maui, and Kauai, and the medical examiner of the city and county of Honolulu, shall, ex officio, be the coroner for his respective county. [L 1935, c 90, §1; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10901; RL 1955, §260-1; HRS §715-1; ren L 1972, c 9, pt of §1]
HI Rev Stat § 841-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-2 Appointment of deputies.

  §841-2 Appointment of deputies. The coroner may appoint as many deputy coroners as the coroner may deem necessary to aid the coroner in the discharge of the coroner's duties as coroner from amongst the subordinates in the coroner's department. [L 1935, c 90, §2; RL 1945, §10902; RL 1955, §260-2; HRS §715-2; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 841-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-3 Duties.

  §841-3 Duties. [(a)] As soon as any coroner or deputy coroner has notice of the death of any person within the coroner's or deputy coroner's jurisdiction as the result of violence, or as the result of any accident, or by suicide, or suddenly when in apparent health, or when unattended by a physician, or in prison, or in a suspicious or unusual manner, or within twenty-four hours after admission to a hospital or institution, the coroner or deputy coroner shall forthwith inquire into and make a complete investigation of the cause of the death.  [(b)] Any person who becomes aware of the death of any person under any of the circumstances set forth above shall immediately notify the coroner or deputy coroner of the known facts concerning the time, place, manner, and circumstances of the death.  [(c)] Any person who fails to report the death of a person under circumstances covered herein shall be subject to a fine of not more than $100. [L 1935, c 90, §3; RL 1945, §10903; am L 1949, c 355, §1; RL 1955, §260-3; HRS §715-3; ren L 1972, c 9, pt of §1; am L 1977, c 153, §1; gen ch 1985]
HI Rev Stat § 841-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-4 Testimony under oath reduced to writing.

  §841-4 Testimony under oath reduced to writing. The testimony of all witnesses examined by any coroner or deputy coroner pertaining to the death of any person wherein a coroner's investigation is required, shall be taken under oath, reduced to writing by the coroner, or deputy coroner or by some other person by the coroner's or deputy coroner's direction, and subscribed to by witnesses. [L 1935, c 90, §4; RL 1945, §10904; RL 1955, §260-4; HRS §715-4; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 841-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-5 Form of oath.

  §841-5 Form of oath. The coroner or deputy coroner may administer an oath to the witnesses as follows:  "You solemnly swear that the evidence you shall give to this inquest concerning the death of the person (giving the name of the person dead if possible) which is now under investigation, shall be the truth, the whole truth, and nothing but the truth: SO HELP YOU GOD." [L 1935, c 90, §5; RL 1945, §10905; RL 1955, §260-5; HRS §715-5; ren L 1972, c 9, pt of §1]
HI Rev Stat § 841-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-6 Subpoenas; penalty for failure to comply.

  §841-6 Subpoenas; penalty for failure to comply. [(a)] The coroner or any deputy coroner may issue subpoenas for the attendance of any witnesses that the coroner or any deputy coroner may deem necessary to interrogate in the death then under investigation, returnable forthwith or at such place and time as the coroner or any deputy coroner shall therein direct.  [(b)] Any person who fails to comply with the requirements of such a subpoena upon conviction before any district court having jurisdiction in the matter, shall be fined not more than $25. [L 1935, c 90, §6; RL 1945, §10906; RL 1955, §260-6; HRS §715-6; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 841-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-7 Reports of investigation.

  §841-7 Reports of investigation. (a) The coroner or deputy coroner shall reduce the coroner's or deputy coroner's findings to writing in the following form: STATE OF HAWAII County (or City and County) of.......................... CORONER'S INQUEST  An inquisition taken at............... county (or city and county) of............... on the..... day of............... in the year 20..... before............... coroner of the county upon the body of............... there lying dead, resulted as follows:  That the deceased was named...............; and a native of...............; was aged about.....; that the deceased came to h..... death, on the..... day of............... 20....., from...............  IN WITNESS WHEREOF, the coroner has hereunto set the coroner's hand on this..... day of ............... 20...... .  (b) Upon receipt of a certificate of death from the person in charge of the disposition of the body, the coroner's physician shall thereupon state the name of the disease or condition directly leading to the death; other significant conditions contributing to the death; day on which death occurred; and such other information as may be required on the certificate of death by the director of health in order to classify the death. The local agent of the department of health shall be notified in writing of the reason for the delay, if the cause of death cannot be determined within three days. [L 1935, c 90, §7; RL 1945, §10907; RL 1955, §260-7; HRS §715-7; ren L 1972, c 9, pt of §1; am L 1973, c 17, §1; gen ch 1993] Revision Note  The date "19....." in the form was changed to "20....." pursuant to §23G-16.
HI Rev Stat § 841-8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-8 Duty to forward copy of reports to any county or prosecuting attorney and to person in charge of disposition of body.

  §841-8 Duty to forward copy of reports to any county or prosecuting attorney and to person in charge of disposition of body. (a) Every coroner, or deputy coroner, shall, without delay, forward to the county attorney in the case of coroners for the counties of Maui and Kauai, and the prosecuting attorney in the case of coroners for the city and county of Honolulu and the county of Hawaii, a true and correct copy of the inquisition.  (b) The coroner's physician shall, in addition, make available without delay the death certificate of the person whose death was investigated to the person in charge of the disposition of the body so that the person in charge may file the death certificate with the local agent of the department of health as required by section 338-9. [L 1935, c 90, §8; RL 1945, §10908; RL 1955, §260-8; HRS §715-8; ren L 1972, c 9, pt of §1; am L 1973, c 17, §2; gen ch 1993]
HI Rev Stat § 841-9 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-9 Fees.

  §841-9 Fees. Upon the application by other than governmental agencies for a certified copy of any coroner's report and inquest, the coroner or deputy coroner shall collect the sum of $2 as a governmental realization for the preparation and issuance of the same. All fees so collected shall be a general fund realization and shall be immediately deposited with the treasurer or director of finance of the respective counties. [L 1947, c 164, §1; RL 1955, §260-9; HRS §715-9; ren L 1972, c 9, pt of §1]
HI Rev Stat § 841-10 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-10 Decent burial.

  §841-10 Decent burial. When any coroner or deputy coroner takes an inquest upon the dead body of a stranger or indigent person or, being called for that purpose, does not think it necessary, on view of the body, that any inquest should be taken, the coroner or deputy coroner shall cause the body to be decently buried or cremated. A burial-transit permit authorizing a burial or cremation shall be secured from the local agent of the department of health by the person in charge of such burial or cremation. [L 1935, c 90, §9; RL 1945, §10909; RL 1955, §260-10; HRS §715-10; ren L 1972, c 9, pt of §1; am L 1973, c 17, §3; gen ch 1985; am L 2000, c 101, §4] Case Notes  Duty of burial. 42 H. 500 (1958).
HI Rev Stat § 841-11 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-11 Witness fees and mileage; expenses.

  §841-11 Witness fees and mileage; expenses. Every witness attending upon any coroner's inquest shall be paid $1 for each day's actual attendance, and traveling expenses at the rate of 10 cents a mile each way. The fees and mileage of witnesses and all reasonable expenses of the inquisition shall be paid by the county in which the inquest is held. [L 1935, c 90, §10; RL 1945, §10910; RL 1955, §260-11; HRS §715-11; ren L 1972, c 9, pt of §1]
HI Rev Stat § 841-12 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-12 Removal of corpse.

  §841-12 Removal of corpse. [(a)] No corpse or remains of any dead human body appearing to have come to death under any of the circumstances set forth in section 841-3, shall be moved or disturbed from its place of death or disposed of by any person including the coroner or the coroner's deputies, the chief of police, or any police officer, without first receiving the authority of the coroner or the coroner's deputy, and of the police officer in charge, and of the coroner's physician. The removal of the body or bodies shall be the duty of the coroner.  [(b)] Any person who violates the provisions of this section shall be subject to a fine of not more than $100. [L 1941, c 288, pt of §1; RL 1945, §10911; am L 1949, c 355, §2; RL 1955, §260-12; HRS §715-12; ren L 1972, c 9, pt of §1; am L 1977, c 141, §1; gen ch 1985]
HI Rev Stat § 841-13 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|841. Inquests, Coroners|841-13 Disposition of personal effects.

  §841-13 Disposition of personal effects. The clothing and personal property found on any human body appearing to have come to death under any of the circumstances set forth in section 841-3 may be recovered and held as evidence by any police officer, pending the investigation of the facts and the final disposition of any trial which may arise out of the death. [L 1941, c 288, pt of §1; RL 1945, §10912; am L 1949, c 355, §3; RL 1955, §260-13; HRS §715-13; ren L 1972, c 9, pt of §1]