reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-31 Same; nonresidents; service.

§634-31 Same; nonresidents; service.
The transaction of any acts, business, or activities within the State by any officer, agent, representative, employee, or member of any such association having officers, agents, members, or property without the State, on behalf of such association, or any of its members or affiliated local associations, shall subject the association and its members to the jurisdiction of the courts of this State in any action or proceeding against or involving the association growing out of the acts, business, or activities within the State giving rise to any cause of action, and the acts, business, or activities shall be a signification of the agreement of the association and its members that any legal process or notice in any action, matter, or proceeding against or involving it, which is served shall be of the same legal force and validity as if served upon the association and its members personally. Service of such process or notice shall be made by registered mail to the association at its last known address and an affidavit of compliance with this section shall be filed with the court or other state agency or department before which the action, matter, or proceeding is pending. The filing shall be deemed service upon the association and its members twenty days after the filing. [L Sp 1949, c 4, §2; RL 1955, §230-40; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §634-67; am L 1972, c 89, §2A(k); ren HRS §634-31; am L 1983, c 153, §4; am L 1984, c 209, §1]
Cross References
Use of certified mail, see §1-28.
Rules of Court
See HRCP rule 4.
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-32 Other laws not affected.

§634-32 Other laws not affected.
Nothing contained in sections 634-30 and 634-31 shall be construed to amend or repeal chapter 425 or 432, article 1, or section 634-3. [L Sp 1949, c 4, §3; RL 1955, §230-41; HRS §634-68; ren HRS §634-32; am L 2016, c 55, §28]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-33 Service in cases of operation of motor vehicles.

§634-33 Service in cases of operation of motor vehicles.
[(a)] The use and operation by any person, whether a resident or a nonresident of the State, of any motor vehicle upon a public highway in this State shall subject the person to the jurisdiction of the courts of this State in any action or proceeding against the person growing out of any accident or collision in which the person and the motor vehicle so used and operated may be involved. The use and operation of the motor vehicle is deemed a signification of the person's agreement that any summons against the person which is served is of the same legal force and validity as if served upon the person personally within this State, whether the person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. Service of such summons is to be made as provided by section 634-36, if the defendant cannot be found in the State.
[(b)] This section shall not be construed as repealing or amending any other provision of law relating to the service of process nor as establishing an exclusive method of service of process in cases to which this section may apply. [L 1953, c 167, § §1, 2; RL 1955, §230-33; am L 1959, c 15, §1; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; am L 1965, c 86, §1; HRS §634-69; am L 1972, c 89, §2A(l); ren HRS §634-33; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §2; gen ch 1985]
Cross References
Nonresident violator compact, see chapter 291A.
Case Notes
Section 657-18 did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in §634-36 and this section. 89 H. 1, 967 P.2d 1059 (1998).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-34 Service on boat operators.

§634-34 Service on boat operators.
[(a)] The operation, navigation, use, or maintenance by any person, whether a resident or nonresident of the State, of any boat, ship, barge, or other watercraft in the navigable waters of the State shall subject the person to the jurisdiction of the courts of this State in any action or proceeding against the person growing out of any accident, collision, or claim for damages in which the person and the boat, ship, barge, or other watercraft may be involved in the navigable waters. The operation, navigation, use, or maintenance is deemed a signification of the person's agreement that any summons against the person which is served is of the same legal force and validity as if served upon the person personally within this State, whether the person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. Service of the summons is to be made as provided by section 634-36, if the defendant cannot be found in the State.
[(b)] This section shall not be construed as repealing or amending any other provision of law relating to the service of process nor as establishing an exclusive method of service of process in cases to which this section may apply. [L 1965, c 172, §1; Supp, §230-33.5; HRS §634-70; am L 1972, c 89, §2A(m); ren HRS §634-34; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-36 Manner of service under sections 634-33 to 35.

§634-36 Manner of service under sections 634-33 to 35.
[(a)] When service of summons is provided for by section 634-33, 634-34, or 634-35, service shall be made by service upon the defendant personally by any person authorized to serve process in the place in which the defendant may be found or appointed by the court for the purpose, or sent by certified, registered, or express mail, postage prepaid, with return receipt requested, by the plaintiff or the plaintiff's attorney to the defendant. The plaintiff or the plaintiff's attorney shall file the return of the serving officer or an affidavit showing that the copy of summons and complaint were served as aforesaid or sent by certified, registered, or express mail as aforesaid, and in the latter case the return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon delivery of the required papers to the defendant outside the State, personally or by mail as provided.
[(b)] If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one newspaper published in the State and having a general circulation in the circuit in which the action has been instituted, in such manner and for such time as the court may order, but not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated therein unless a different time is prescribed by order of the court. [L 1972, c 89, §2A(o); HRS §634-72; ren HRS §634-36; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 209, §4; am L 1985, c 68, §29; am L 1987, c 283, §62; am L 1990, c 29, §1]
Rules of Court
Publication of summons, see HRCP rule 4.
Case Notes
Section 657-18 did not apply to toll the no-fault statute of limitations where a nonresident motorist defendant was at all times subject to the jurisdiction of Hawaii's courts and amenable to service of process under its long-arm statutes as set forth in §634-33 and this section. 89 H. 1, 967 P.2d 1059 (1998).
Defendant, who was a citizen and resident of Japan, was amenable to service by publication pursuant to this section where defendant's address was unknown, and such service would not have been pre-empted by the Hague Convention. 99 H. 488, 57 P.3d 413 (2002).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-37 Presumption of notice and service of process in child support cases.

§634-37 Presumption of notice and service of process in child support cases.
Whenever notice and service of process is required for child support enforcement proceedings subsequent to an order issued pursuant to chapter 571, 576B, 576E, 580, or 584, upon a showing that diligent effort has been made to ascertain the location of a party, notice and service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry pursuant to section 571-52.6. [L 1997, c 293, §9; am L 1998, c 11, §32 and c 83, §11]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-38 Manner of service within the State; assumpsit.

§634-38 Manner of service within the State; assumpsit.
For civil actions in the nature of assumpsit, when service of summons is required by law, court rule, or court order, service on the defendant within the State shall be:
(1) By personal delivery by a person authorized to serve process; or
(2) If a reasonable attempt at personal delivery has not been successful, then by certified, registered, or express mail sent to the addressee only, as ordered by the court.
Service pursuant to paragraph (1) and proof of personal service shall be made in the manner prescribed by law, court rule, or court order. If service is made pursuant to paragraph (2), a return receipt or other proof of service provided by the postal service shall be filed showing delivery to the addressee within the State. [L 2014, c 41, §2]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-61 Death or dissolution of plaintiff or defendant.

§634-61 Death or dissolution of plaintiff or defendant.
The death of a plaintiff or defendant or the dissolution of a corporate plaintiff or defendant shall not cause an action to abate, but it may be continued upon substitution of the proper parties as provided by the rules of court, or if the claim is one which survives to or against the surviving parties the action shall proceed in favor of or against the surviving parties as provided by the rules of court. [L 1876, c 34, §1; RL 1925, §2632; RL 1935, §4053; RL 1945, §10081; RL 1955, §230-55; am L 1967, c 82, §1; HRS §634-82; am L 1972, c 89, §2A(q); ren HRS §634-61]
Rules of Court
See HRCP rules 15(d), 25(a), (c); DCRCP rules 15(d), 25.
Case Notes
Defendant removed action to U.S. district court alleging complete diversity of citizenship based on plaintiff's notice of defendant doctor's death, and argued, inter alia, that under Hawaii law, a decedent is not a proper party to an action; because the time in which to substitute doctor's estate or representative had not yet passed, the action against doctor had not been dismissed; therefore, removal on that basis was premature. 61 F. Supp. 2d 1121 (1999).
Trespass quare clausum abates upon death of plaintiff. 6 H. 556 (1885), questioned 45 H. 373, 375, 369 P.2d 96 (1961).
Counsel for deceased may appear as amicus curiae on motion made prior to death. 10 H. 505 (1896).
Ejectment does not abate by death of sole defendant between verdict and judgment. 10 H. 505 (1896).
Plaintiff in ejectment having died after verdict and before defendant's bill of exceptions was allowed, plaintiff's heirs could not be substituted on motion in supreme court. 19 H. 385 (1909).
Survival of cause of action. 34 H. 667 (1938).
Suit over title to land or over performance of decedent's contract to convey land, heirs as parties. See 43 H. 241 (1959); 44 H. 464, 474, 357 P.2d 100 (1960); 45 H. 1, 13, 361 P.2d 374 (1961); 49 H. 409, 410, 420 P.2d 93 (1966).
Substitution of party must be made within reasonable time after death of party. 60 H. 125, 588 P.2d 416 (1978).
Appellant's claim against corporations not abated by involuntary dissolutions, where before default judgment was entered, corporations were involuntarily dissolved. 77 H. 417, 886 P.2d 754 (1994).
As a general rule, an heir of an undistributed estate, who has not been judicially appointed as the personal representative of a decedent's estate, is not a "proper party" for substitution pursuant to HRCP rule 25(a)(1). 89 H. 91, 969 P.2d 1209 (1998).
Defamation action does not survive death of defendant. 1 H. App. 517, 620 P.2d 771 (1980).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634. Civil Actions and Proceedings, Generally › 634-71 Anonymous filings.

§634-71 Anonymous filings.
(a) Upon petition to a court under this section, the court may allow a petition, complaint, motion, or other document to be filed by a party identifying the parties as "jane doe" or "john doe"; provided that when deciding to permit a "jane doe" or "john doe" filing, the court may consider factors including:
(1) The severity of the petitioner's injury;
(2) The reasonableness of the petitioner's fears of reprisal;
(3) The petitioner's vulnerability to retaliation from the action;
(4) The risk of prejudice to the other party; and
(5) Whether the public interest would be served by allowing the petitioner to remain anonymous.
(b) If there are compelling reasons sufficient to outweigh the public interest in the disclosure of the parties and it is the belief of the court that the parties' court files may become a vehicle for improper use if not made anonymous, the court may seal from the public all documents or portions of documents, including all subsequently filed documents, that would identify the parties or contain sufficient information from which the parties' identity could be discerned or inferred. [L 2011, c 225, §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634J. Vexatious Litigants › 634J-2 Motion for order requiring plaintiff to post security.

§634J-2 Motion for order requiring plaintiff to post security.
In any litigation pending in any court of this State, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion must be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant. [L 1993, c 124, pt of §1]
Case Notes
As matters under this section are not exceptional matters, while a family court case (including an independent action) is on appeal, the family court has no jurisdiction to act in the case on appeal pursuant to this chapter absent prior permission by the appellate court having jurisdiction over the appeal. 97 H. 340 (App.), 37 P.3d 589 (2001).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634J. Vexatious Litigants › 634J-3 Hearing procedure.

§634J-3 Hearing procedure.
At the hearing upon the motion for security the court shall consider material evidence, written or oral, by witnesses or affidavit. No determination made by the court in determining or ruling upon the motion shall be, or be deemed to be, a determination of any issue in the litigation or of the merits of the litigation. [L 1993, c 124, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634J. Vexatious Litigants › 634J-4 Finding; amount of security.

§634J-4 Finding; amount of security.
If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the moving defendant, security in an amount and within a time as the court shall fix. [L 1993, c 124, pt of §1]
Case Notes
Standard for reviewing a vexatious litigant determination is an abuse of discretion standard. 102 H. 289, 75 P.3d 1180 (2003).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634J. Vexatious Litigants › 634J-5 Dismissal on failure to post security.

§634J-5 Dismissal on failure to post security.
When security that has been ordered is not furnished, the litigation shall be dismissed with prejudice as to the defendant for whose benefit it was ordered. [L 1993, c 124, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 634J. Vexatious Litigants › 634J-6 Motion as stay of proceedings.

§634J-6 Motion as stay of proceedings.
When a motion pursuant to section 634J-2 is filed prior to trial, the litigation is stayed, and the moving defendant need not plead until ten days after the motion shall have been denied, or if granted, until ten days after the required security has been furnished and the moving defendant has been given written notice. When a motion pursuant to section 634J-2 is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine. [L 1993, c 124, pt of §1]
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636. Judgment › 636-5 Action on judgment; penalty for failure to credit payments.

§636-5 Action on judgment; penalty for failure to credit payments.
Whenever in any action brought on a prior judgment, the complaint fails to credit prior payments on the judgment, the defendant shall be entitled to offset against the true balance due on the judgment an amount double the amount of any such credit in addition to any other penalties by law prescribed in such circumstances unless the plaintiff shall show that the existence or amount of the credit was in bona fide dispute or that the failure to set forth the credit was inadvertent or the result of an honest mistake. [L 1972, c 89, §3(c)]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636. Judgment › 636-15 Default judgments.

§636-15 Default judgments.
Upon application for a judgment by default:
(1) If the taking of evidence is required or ordered and the matter is one which would have been tried before a jury had there been no default, the court shall accord a right of trial by jury unless the court in its discretion upon motion orders trial without jury on any or all issues.
(2) If a defendant served by publication has not appeared in the action, the court shall require proof to be made of the allegations of the complaint. [L 1972, c 89, §3(d)]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636C. Uniform Enforcement of Foreign Judgments Act › 636C-2 Definition.

§636C-2 Definition.
In this chapter "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this State. [L 1983, c 31, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636C. Uniform Enforcement of Foreign Judgments Act › 636C-3 Filing and status of foreign judgments.

§636C-3 Filing and status of foreign judgments.
A copy of any exemplified foreign judgment may be filed in the office of the clerk of the appropriate court of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this State, including establishing a lien, and may be enforced or satisfied in like manner. [L 1983, c 31, pt of §1; am L 1990, c 203, §6]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636C. Uniform Enforcement of Foreign Judgments Act › 636C-4 Notice of filing.

§636C-4 Notice of filing.
(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The failure by the clerk to mail notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. [L 1983, c 31, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636C. Uniform Enforcement of Foreign Judgments Act › 636C-5 Stay.

§636C-5 Stay.
(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this State would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State. [L 1983, c 31, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636C. Uniform Enforcement of Foreign Judgments Act › 636C-6 Fees.

§636C-6 Fees.
Any person filing a foreign judgment shall pay $100 to the clerk of the court. Fees for docketing, transcription, or other enforcement proceedings shall be as provided by law for judgments of the court of this State. [L 1983, c 31, pt of §1; am L 1998, c 128, §6]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636C. Uniform Enforcement of Foreign Judgments Act › 636C-8 Uniformity of interpretation.

§636C-8 Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [L 1983, c 31, pt of §1]
2023 Hawaii Revised Statutes › Title 34. Pleadings and Procedure › 636C. Uniform Enforcement of Foreign Judgments Act › 636C-9 Enforcement of foreign penal civil actions relating to protected reproductive health care services.

§636C-9 Enforcement of foreign penal civil actions relating to protected reproductive health care services.
(a) No judgment or other order arising from a foreign penal civil action or other penal law banning, restricting, burdening, punishing, penalizing, or otherwise interfering with the provision of protected reproductive health care services shall be enforced in this State.
(b) As used in this section:
"Foreign penal civil action" means an action authorized by the law of a state, or of any municipality or other governmental entity within a state, other than this State, the essential character and effect of which is to punish an offense against the public justice of that state, municipality, or other governmental entity.
"Protected reproductive health care services" means medical, surgical, pharmaceutical, counseling, or referral services relating to the human reproductive system, including but not limited to services relating to pregnancy, contraception, or termination of a pregnancy, that are protected under the Hawaii State Constitution or otherwise lawful under the laws of this State or that would be constitutionally protected or otherwise lawful if performed within this State. [L 2023, c 2, §13]
Cross References
Reproductive health care services, see chapter 323J.
2023 Hawaii Revised Statutes › Title 35. Appeal and Error › 641. Appeals › 641-12 From district courts.

§641-12 From district courts.
[(a)] Appeals upon the record shall be allowed from all final decisions and final judgments of district courts in all criminal matters. Such appeals may be made to the intermediate appellate court, subject to chapter 602, whenever the party appealing shall file notice of the party's appeal within thirty days, or such other time as may be provided by the rules of the court.
[(b)] Within a reasonable time after an appeal has been perfected from a decision of a district court to the appellate court in a criminal matter, it shall be incumbent upon the district court to make a return thereof, together with all papers and exhibits filed in such case.
[(c)] It shall be the duty of the clerk of the supreme court to transmit within a reasonable time, to the district court from whose decision the appeal was made, a statement showing the disposition of the case. [L 1972, c 89, pt of §5; HRS §641-11.5; ren HRS §641-12; am L 1979, c 111, §6(3); gen ch 1985; am L 2004, c 202, §69; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
Appeals, when taken, see HRAP rule 4.
Case Notes
The supreme court does not have jurisdiction to entertain appeals from interlocutory orders of the district courts in criminal cases. 57 H. 133, 552 P.2d 75 (1976); 62 H. 297, 613 P.2d 362 (1980).
Where defendant's interlocutory appeal from district court's denial of defendant's motion to dismiss on double jeopardy grounds did not satisfy prerequisites of collateral order exception, supreme court did not have to decide whether exception may apply to appeals from collateral orders of district court. 82 H. 446, 923 P.2d 388 (1996).
Where sentence imposed was not the final sentence because the district court expressly left open the possibility that its sentence of defendant might include an order requiring defendant to pay restitution, and the court did not finally decide whether it would order defendant to pay restitution and, if so, in what amount, the judgment was not final and, because it was not final, it was not appealable. 109 H. 435 (App.), 127 P.3d 95 (2005).