§635-12 - No jury, when. - Hawaii Statutes

     §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 provision is made by statute 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]

 

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.