Hawaii Revised Statutes, Chapter 635 — Trials

Division 4. Courts and Judicial Proceedings — Title 34. Pleadings and Procedure

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 4 Courts and Judicial Proceedings

Title 34 Pleadings and Procedure

Chapter 635 Trials

§635-1 and 635-2 REPEALED

L 1972, c 89, §2B(n).

§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)]

§635-4 Repealed

[Repealed]

[L 1972, c 89, §2B(n)]

§635-11 Repealed

[Repealed]

[L 1972, c 89, §2B(n)]

§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]

§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)]

§635-14 Reference

In matters within the jurisdiction of circuit courts as set forth in sections 603-21.6 and 603-21.7, and in civil actions not within such jurisdiction if so provided by statute or rule of court, a reference to a master may be ordered.

[CC 1859, §§1137, 1138; am L 1909, c 23, §2 and c 117, §1; am L 1913, c 72, §1; RL 1925, §§2369, 2370; RL 1935, §§4101, 4102; RL 1945, §§10106, 10107; RL 1955, §§231-6, 231-7; HRS §635-14; am L 1972, c 89, §2B(d)]

§635-15 Repealed

[Repealed]

[L 1980, c 164, §11]

§635-16 Repealed

[Repealed]

[L 1972, c 89, §2B(n)]

§635-17 Repealed

[Repealed]

[L 1980, c 164, §12]

§635-18 and 635-19 REPEALED

L 1972, c 89, §2B(n).

§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]

§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]

§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]

§635-28 Challenging for cause

In all cases, any party may challenge for cause any juror drawn for the trial. The court shall determine the validity of the objection urged.

[L 1903, c 38, §19; RL 1925, §2417; RL 1935, §3735; RL 1945, §10111; RL 1955, §231-11; HRS §635-28; am L 1972, c 89, §2B(i)]

§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)]

§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)]

§635-31 Repealed

[Repealed]

[L 1972, c 89, §2B(n)]

§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)]

§635-41 to 635-44 REPEALED

L 1972, c 89, §2B(n).

§635-51 Repealed

ARGUMENT

§635‑51 REPEALED. L 1972, c 89, §2B(n).

§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)]

§635-56 Grounds for new trial

In any civil case or in any criminal case wherein a verdict of guilty has been rendered, the court may set aside the verdict when it appears to be so manifestly against the weight of the evidence as to indicate bias, prejudice, passion, or misunderstanding of the charge of the court on the part of the jury; or the court may in any civil or criminal case grant a new trial for any legal cause.

[L 1892, c 56, pt of §1; RL 1925, pt of §2426; am L 1932 2d, c 24, pt of §1; RL 1935, pt of §3742; RL 1945, pt of §10122; RL 1955, pt of §231-22; HRS §635-56]

§635-57 Repealed

[Repealed]

[L 1972, c 89, §2B(n)]